Welcome to Cashmere.com and trading by Rich Imperial Ltd. ("Cashmere.com " and “Rich Imperial Ltd.”, "its", "we", "us", "our") online Marketplace on Cashmere.com part of the Rich Imperial Ltd. enterprise (the "Site"). Any person who wants to access the Site to buy or sell goods or services ("items") or to use the other features provided (collectively, the "Service") must accept the terms and conditions of this Participation Agreement without change. By pressing accept creating an account or using our facilities and site you acknowledge that you have read and fully understood and agree to all of the terms and conditions of this agreement. We reserve the right to amend any mistakes on the website due to prices as errors may sometimes occur due to our various products. Every care has been taken to ensure colours of the product are correct, slight variations may occur.
1. Eligibility and Registration Requirements
1.1 Use of the Service is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales and of Luxembourg (for example, minors are not permitted to use the Service).
1.2 Only visitors to the Site who register and enter into this Participation Agreement ("participants", "buyer", "seller", "you", "your" as the context requires) may participate in buying or selling on the Site using the Service.
1.3 If you are selling items as a trader in the course of your business, you are required by law to make that fact clear to potential buyers in your listing. You must provide us true and accurate information when registering and must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use. You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered (including credit reports about your spouse), and to obtain an initial credit authorisation from your credit card issuer at time of registration. You must be issued with a major credit/debit card that is accepted on the Site and you must register that card with us, and your application for registration must otherwise be acceptable to Cashmere.com in its own absolute discretion.
1.4 To register you must provide your real name, address, phone number, e-mail address and a valid credit or debit card acceptable by Cashmere.com. You warrant to Cashmere.com that the information you provide during the registration process (and any notification of change of such information) is true and correct.
1.5 You are obliged to notify Cashmere.com of any changes to your registration information immediately.
1.6 Cashmere.com reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion.
1.7 If you provide false or incorrect registration information or do not notify Cashmere.com of changes to your registration information immediately, Cashmere.com reserves the right to terminate your account immediately and without notice to you.
1.8 You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
2.1 Under the Service, items are offered by sellers for sale at a fixed price. Unless otherwise agreed by us with the seller in advance in writing, the price of any items sold using the Service (including the applicable delivery charge) are displayed inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export, and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site.
2.2 For items listed for sale using the Service, sellers may only charge buyers a fixed delivery charge and such a charge will be priced in accordance with the Cashmere.com delivery charge schedule in effect from time to time. Delivery charges will be displayed on the check-out page.
3. International sales
An item sold internationally, the seller may also have to comply with laws of the country in which the buyer resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items. For each item you list on the Site, you will provide to us the state or country from which the item ships.
The following items must not be listed on the Site by sellers or purchased by buyers:
4.1 Stolen goods;
4.3 Items that infringe another party's copyright, patent, trademark, design right, database right or other intellectual property
4.4 Items whose sale, distribution or offering for sale is prohibited by any applicable law;
4.5 Any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.
5.1 Cashmere.com will confirm each order to the seller and the buyer. Sellers must dispatch items sold within two Business Days once the order confirmation is made available to them. If and when Cashmere.com makes functionality available to the seller which allows seller to display a product availability message on the Site the seller must dispatch items sold in accordance with the product's availability stated on the Site at the time of the order. Sellers must provide a full refund to any buyer who remits payment, if the item cannot be shipped in accordance with this clause. Sellers must provide the refund promptly via their Cashmere.com Seller Account, but in no case later than thirty (30) days following the date the order was confirmed or 3 calendar days after the maximum estimated delivery date stated on the Site at the time of the order (as the case may be).
5.2 Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:
(a) All postage, customs, import, export and excise duty, VAT and any other taxes associated with the Fixed Price sale (if applicable) will be paid by the buyer and it is the seller's responsibility to determine, collect and remit the applicable VAT, customs, import, export and excise duties and any other taxes associated with the Fixed Price Sale. The price of any items sold using the Service must be displayed inclusive of any customs, import, export and excise duty, VAT and any other taxes associated with the Fixed Price Sale, which may be applicable and sellers will not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;
(b) Buyers are required to pay sellers in the currency in which the Fixed Price Sale is listed;
(c) The sale will be subject to any warranties implied under applicable law; and
(d) The contract between the buyer and seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
Buyers authorize Cashmere.com to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods via the Service. While Cashmere.com helps facilitate transactions that are carried out using the Service, Cashmere.com is neither the buyer nor the seller of the seller's items. Cashmere.com is not an auctioneer. Cashmere.com provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of this Participation Agreement. Cashmere.com is not the agent of the seller. Accordingly, the contract formed at the completion of a Fixed Price Sale is solely between buyer and seller. The enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. Cashmere.com is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Buyers and sellers use the Site and the Service at their own risk. Subject to the terms of this Participation Agreement, the seller will resolve any subsequent dispute directly with the buyer.
Cashmere.com may, in its sole and absolute discretion, terminate this Participation Agreement, access to the Site or the Service, or any current Fixed Price Sales immediately without notice if your participation agreement with any of the other Cashmere.com sites is terminated or for any breach of any of the terms of this Participation Agreement. Seller may terminate its participation in the Service at any time by giving notice to Cashmere.com. Cashmere.com may terminate the seller's participation in the Service at any at any time by giving notice to the seller. Upon termination, all rights and obligations of the parties under this Participation Agreement will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for items listed by seller using the Service.
Conditions relating specifically to Buyers
1.1 A buyer must pay via the Service for an item purchased via the Site, with any major credit or debit card accepted on the Site under the terms and conditions published on the Site at the time of order processing. After the credit or debit card charge is approved, and the buyer's order is confirmed to the seller, the seller is obliged to dispatch the item sold in accordance with shipping clauses. The buyer will resolve any dispute directly with the seller. Sellers shall not invoice buyers, and buyers must not accept seller's invoices, off the Site. All refunds for purchases made via the Site must be initiated by the Sellers and may only be accepted by buyers via the Site.
2. Buyer's fees.
Although Cashmere.com does not currently charge buyers any fees to use the Service and the Site, it reserves its right to do so in the future.
3. Prohibited acts.
Buyers must not:
3.1 Whether by themselves or in conjunction with other participants, manipulate transactions in ways that are unfair to other participants or users; and
3.2 Use the Service or the Site in the contravention of any applicable law nor permit or assist others to do so.
4. Inspection of items.
Buyers must inspect any item purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the item's listing and to ensure that the product is safe.
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