Brighton Hen Weekend is an online marketplace for you to sell your services and products directly to hens and help them create a Brighton hen weekend to remember! The following terms and conditions apply to you listing your items for sale on Brighton Hen Weekend. Pease read carefully to find out about your rights, as well as what is expected of you, as a supplier.
Definitions:
Brighton Hen Weekend – We are Brighton Hen Weekend Ltd (of Werkshop 30, 30 Grand Parade, Brighton, East Sussex, BN2 9QA) also referred to as ‘Brighton Hen Weekend’ or ‘we’, ‘our’ or ‘us’.
Buyer – means the person completing the booking form on behalf of the booking party who may also be referred to as ‘the customer’, ‘organiser’ or ‘they’. References to and the obligations of the buyer apply to all group members / guests of the booking party. Booking Party – means all persons named on the booking, including anyone who is added or substituted at a later date.
Booking request – means the details and requirements submitted by the buyer through us, to you, in relation to product or service they wish purchase. You are able to accept or decline a booking request.
Booking Confirmation – means the confirmation receipt provided in writing, by you the supplier after a buyer’s booking request has been accepted, they have paid the appropriate non-refundable deposit or balance and only after the details have been checked and agreed by you. Contract – means the agreed booking details in the Booking Confirmation sent by you to the buyer.
Supplier – means you, the recognised contracted party used to fulfil an activity, accommodation or order of goods as listed on Brighton Hen Weekend. Shop – means your list or group of products or activities available to purchase or book.
Product – means goods and or an activity and or accommodation, available to buy on Brighton Hen Weekend from your shop.
By creating a shop on Brighton Hen Weekend, you are agreeing to the following terms of use.
1. What can be listed on Brighton Hen Weekend
2. What cannot be listed on Brighton Hen Weekend
3. Suppliers listings
4. Service rules
5. The buying and selling process
6. Payment of products and services
7. Seller cancellations
8. Terms and conditions of supply
9. Buyers right to withdrawal
10. Fees
11. Our role
12. Provision of contact details
13. Limited warranties
14. Limitations and exclusions of liability
15. Breaches of these terms and conditions
16. Third party websites
17. Trade marks
18. Variation
19. Third party rights
20. Entire agreement
21. Our details
1. What can be listed on Brighton Hen Weekend
Brighton Hen Weekend aims to connect hens with suppliers of quality products or services. If you list
a product or service on Brighton Hen Weekend, you agree that:
1.1 All product options photographed are available for purchase
1.2 You are using your own photographs – not stock photos or photos used by other sellers
or sites.
1.3 You as the supplier have the relevant insurance to provide a service or ship a product.
2. What cannot be listed on Brighton Hen Weekend
2.1 You warrant and represent that your content will comply with these terms and
conditions.
2.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights,
and must not be capable of giving rise to legal action against any person (in each case in any
jurisdiction and under any applicable law).
2.3 Your content, and the use of your content by us in accordance with these terms and
conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right
in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection
legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime
or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other loss or
damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory, or inflammatory; or
(r) cause annoyance, inconvenience, or needless anxiety to any person.
2.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
2.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
2.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
3. Supplier listings
3.1 If you register with our website as a service provider, you will be able to submit listings to the website.
3.2 To create a listing on our website, you should take the following steps: complete and submit the supplier information template to Brighton Hen Weekend.
3.3 Listings that are submitted will be reviewed and processed within 24 hours following submission.
3.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject,unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
3.5 If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.
3.6 Listings submitted to our website must be true, fair, complete and accurate in all respects.
3.7 Listings submitted to our website must constitute bona fide listings relating to Brighton Hen Weekends.
3.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.
3.9 You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.
4. Service rules
4.1 You must not use our website to advertise, buy, sell or supply physical products, intangible products or downloadable products.
4.2 You must not advertise, buy, sell or supply through or in relation to our website any service that:
(a) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case
in any jurisdiction and under any applicable law;
(b) involves the supply, distribution or publication of any material that would, if published on our website by you, contravene the provisions of Section 3; or
(c) relates to drugs, narcotics, steroids or controlled substances; relates to pornography or obscene, indecent or sexually explicit materials; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of any intellectual property right.
5. The buying and selling process
5.1 You agree that a contract for the purchase and supply of a product or services will come into force between you and another registered website user, and accordingly that you commit to supplying the relevant product or services, in the following circumstances:
(a) a buyer must add the services he or she wishes to purchase to the shopping cart, and then proceed to the checkout;
(b) if the buyer is a new user, he or she must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details;
(c) once the buyer is logged in, he or she must select the preferred date and time for the supply of the services and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of supply.
(d) The booking request is received by you the seller and accepted or declined once you have checked whether you are able to meet the buyers order,
(e) When a booking request is accepted, the buyer is prompted to make payment via their account on Brighton Hen Weekend using Stripe Connect, a financially regulated body complying with the second Payment Services Directive (PSD2) and Stripe Connect will handle the buyer’s payment to the supplier; buyers must submit payment in full via credit or debit card;
(f) Brighton Hen Weekend will then send the buyer an automatically generated acknowledgement of payment;
(g) On receiving payment via Stripe Connect the supplier will send a booking confirmation and the order becomes a binding contract between you the supplier and the buyer.
6. Payment of products and services
Brighton Hen Weekend payments are processed by Stripe Connect. Suppliers will be set up as a recipient on Stripe Connect and money is transferred from buyers straight to you, with our commission deducted.
7. Seller cancellations
If you are unable to complete a transaction, you must notify the buyer via Brighton Hen Weekend and cancel the transaction. If the buyer already submitted payment, you must issue a full refund.
You are encouraged to keep proof of any refunds in the event a dispute arises.
You may cancel a transaction under the following circumstances:
7.1 The buyer did not pay. (The seller may flag a buyer for a payment not received, chargeback or cancelled payment.)
7.2 Both you and the buyer agree to cancel the transaction prior to sending a product or providing a service, and you have issued the buyer a full refund.
7.3 Without discrimination, you have decided to refuse service to the buyer. If the buyer has already paid, you must also issue a full refund, including shipping.
7.4 Both supplier and the buyer agreed that the buyer could return the item for a refund, you have received the returned product and issued a refund to thbuyer for the item.
(Refunding shipping is optional)
8. Terms and conditions of supply
8.1 Suppliers must ensure that:
(a) legal notices are sufficient to meet the supplier’s legal disclosure obligations and other legal obligations; and
(b) they comply with all laws applicable to their listings and supplies of services, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.
8.2 Except to the extent that a buyer and supplier expressly agree otherwise, the following provisions will be incorporated into the contract of for the supply of products and services between the buyer and the supplier:
(a) the price of the product or service will be as stated in the relevant listing;
(b) other amounts and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the listing;
(c) provision of the services must be made within 365 days following the date the contract or the supply of the services comes into force; and
(d) services must be provided with reasonable care and skill and must conform in all material respects to the description of the services in the listing and any other description of the services supplied or made available by the supplier to the buyer.
8.3 Both buyers and service providers undertake to comply with the agreed terms and conditions of supply.
9. Behaviour
9.1 Buyers agree to our booking terms and conditions and agree that they accept responsibility for the proper conduct of themselves and all other members of their booking party during your activity.
9.2 You or any person in authority can terminate your service if, in the reasonable opinion of yourself or the person in authority, their behaviour or that of any member(s) of the booking is likely to cause distress, damage, danger, or annoyance to other clients or members of the booking party, employees, suppliers, property or the person(s) concerned is or appears to be unfit to take part for whatever reason.
9.3 In this situation, the person(s) concerned will not be able to complete their booked activity and the supplier or Brighton Hen Weekend will not be liable for any refund, compensation, expenses or any costs they have to pay or incur.
9.4 We cannot accept liability for the behaviour of others in the booking party or any persons taking part in any activity and/or present in the same environment which forms part of the activity or service or if any facilities or services are removed or withdrawn as a result of their action.
9.5 You the supplier reserve the right within your reasonable opinion to terminate the service booked in question of any member(s) of the booking party due to misconduct. Full payment for any damage or loss (reasonably estimated if not precisely known) caused by any member of the booking party must be made direct to the supplier or to us as soon as possible.
9.6 The buyer will also be responsible for meeting any claims subsequently made against any supplier and all costs incurred by the supplier (including your own and other party’s full legal costs) as a result of a buyer’s or their booking party actions.
9.7 Buyers agree to ensure that all members of the booking party comply with all the timetables of events booked. Failure to keep to the timetables can result in either discontinuation of your event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred in this instance.
9.8 If your event or service requires a level of concentration, the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If any member of the booking party has, in your reasonable opinion, been using drink or drugs or fail to act
in a safe responsible manner, you reserve the right to cancel their participation forthwith. In this event neither Brighton Hen Weekend or you the supplier will be liable to pay any refund,compensation or any costs/expenses incurred.
10. Buyers right to withdrawal
10.1 Once the contract is formed the individual supplier’s shop cancellation policies apply.
10.2 The buyer may withdraw an offer to enter into a contract with the service provider at any time; and the buyer may be able to cancel a contract entered into with the supplier if permitted by individual shop cancellation policies.
10.3 The buyer does not have to give any reason for the withdrawal or cancellation.
11. Fees
11.1 Sellers must pay commission to us in respect of each sale of a product or services made through our website.
11.2 The fees will be as specified in the contract schedule between Brighton Hen Weekend and the seller;
11.3 Commission payable to us by sellers:
(a) shall be payable at the rate agreed in a seller’s contract schedule, excluding value added taxes;
(b) Stripe Connect shall deduct and pass on commission due from amounts processed by them on behalf of us; and
(c) commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.
12. Our role
12.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in listings;
(c) we are not party to any contract for the sale or supply of services advertised on the website;
(d) we are not involved in any transaction between a buyer and a service provider in any way, except that we facilitate a marketplace for buyers and service providers;
(e) we are not the agents for any buyer or service provider, and accordingly, we will not be liable to any person in relation to the offer for sale or supply of any products or services advertised on our website; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any products or services and we will have no obligation to mediate between the parties to any such contract.
12.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current, and not misleading; and you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
13. Provision of contact details
13.1 Except where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).
14. Limited warranties
14.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
14.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and except to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
15. Limitations and exclusions of liability
15.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
15.3 To the extent that our website and the information and services on our website are providedn free of charge, we will not be liable for any loss or damage of any nature.
15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6 You accept that we have an interest in limiting the personal liability of our employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our employees).
16. Breaches of these terms and conditions
16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
16.2 Where we suspend or prohibit or block your access to our website or a part of our website,
you must not take any action to circumvent such suspension or prohibition or blocking
(including without limitation creating and/or using a different account).
17. Third party websites
17.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
17.2 We have no control over third party websites and their contents and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Trademarks
18.1 Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
19. Variation
19.1 We may revise these terms and conditions from time to time.
19.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
19.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 These terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
22. Our details
22.1 This website is owned and operated by Brighton Hen Weekend.
22.2 Our principal place of business is at 30 Grand Parade, Brighton, East Sussex, BN2 9QA.
22.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website;
(d) by email, using the email address published on our website.
European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state. Read more about the EU Right of Withdrawal in this Help article.