In the terms set out below, the following definitions shall apply:
the mobile application operated by us to compliment and run alongside the Site
that person (including a corporate body) who enters into a contract for the sale and purchase of a Product
that product which is listed for sale on our site or App by a Seller
that person (including a corporate body) who lists a Product for sale on our site or App
THE BUYING AND SELLING PROCESS
All Products must conform to our Products Rules which can be found at www.mytot.co/product-rules.
The Buyer must select the Products that he or she wishes to purchase within the App, then proceed to tap the big red buy button which takes you to the “order summary” screen. You will then confirm the details and select continue. Add or select your existing address and follow the PayPal instructions to the checkout.
If the Buyer is a new user, he or she must create an account on the App;
Once the Buyer is logged in, he or she must follow the buying process above and confirm the order and his or her consent to these terms and conditions, Mom Trading Group Limited’s (our/we/us) policies and the applicable terms and conditions of sale entered into between the Buyer and Seller.
The Buyer will be transferred to the website of the appointed payment service provider (PayPal), who will handle the Buyer’s payment to the Seller; Buyers must submit payment in full via PayPal.
PayPal will then send to the Buyer an automatically generated acknowledgement of payment;
WHEN A CONTRACT BETWEEN A BUYER AND A SELLER IS CREATED
By listing a Product on our App a Seller is offering that Product for sale to prospective Buyers.
A contract between a Buyer and a Seller for the purchase of a Product(s) will come into existence when the Buyer has successfully travelled through the online checkout procedure and paid for the Product; formation occurs at the time that PayPal acknowledges of receipt of payment for the Product by E-mail (such e mail will be sent to the Buyer the Seller and us.
When the contract is formed the Seller is committing to sell and deliver the Product to the Buyer. If for any reason a Seller is unable to sell the Product to the Buyer it must immediately inform the Buyer and immediately refund the purchase price of the Product in full (including and delivery costs).
TERMS AND CONDITIONS OF SALE
Sellers must post on our App the terms upon which a Product is to be sold. These terms will be incorporated into the contract between the Buyer and the Seller.
Sellers must include the following:
the price of the Products (including VAT if appropriate)
a full description of the Products(s) including (where appropriate) any defects. All Products must be fit for their purpose and be of satisfactory quality
delivery costs (including packaging) and options
an estimated time for delivery (this must at least be within 30 days of the date that the contract is formed (see when a contract between the Buyer and the Seller is created (above))
When the contract is formed the Buyer and the Seller each will receive an e-mail containing the following:
Name and address of the other party
Delivery and returns instructions (as appropriate)
Both Buyers and Sellers undertake to comply with those terms and conditions agreed between them for the sale and purchase of Products.
DISTANCE CONTRACTS: CANCELLATION RIGHT
This paragraph applies where:
The Seller is a trader (i.e. acting in the for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf); and
the Buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).
A Buyer may withdraw an offer to enter into a contract with a Seller through our App, or cancel a contract entered into with a Seller through our App (without giving any reason for the withdrawal or cancellation) at any time within the period:
beginning on the date when the Buyer submits its offer to purchase a Product (i.e. by clicking accept to purchase a Product on our App); and
ending at the end of 14 days after the day on which the goods come into the Buyer’s physical possession or the physical possession of a person identified by the Buyer to take possession of them
if the contract is for delivery of multiple goods, 14 days after the day on which the last of those goods, comes into the Buyer’s physical possession or the physical possession of a period identified by the Buyer to take possession of them).
To withdraw an offer to contract or cancel a contract the Buyer must inform the Seller of the Buyer’s decision to withdraw or cancel (as the case may be). This may be achieved by the Buyer writing to the Seller, or notifying the Seller by email or through PayPal that it wishes to cancel its contract with the Buyer.
To meet the cancellation deadline, it is sufficient for the Buyer notify the Seller of its intention to cancel before the cancellation period has expired.
If a contract is cancelled by a Buyer then:
the Buyer must send the Products back to the Seller (to the address specified by the Seller or hand them over to the Seller or a person authorised by the Seller to receive them;
the Buyer must comply with its obligation to return the Product not later than 14 days after the day on which the Buyer informs the Seller of the decision to cancel the contract. The Buyer must pay the direct cost of returning the Products unless agreed otherwise with the Seller; the Seller must refund the full amount paid by the Buyer for the Product(s) including the costs of delivery to the Buyer, except where the Buyer choses a delivery method which is not the least expensive; in these circumstances the Seller is only obliged to refund that amount which is applicable to the least expensive method of delivery;
the Seller may reduce the amount of the refund (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by the Buyer’s handling of them in a way which would not be permitted in a shop. If a refund has been made before the Seller has been able to inspect the Products and later discovers that the Buyer had handled them in an unacceptable way, the Buyer must pay an appropriate amount to the Seller
Unless the Seller has offered to collect the Products, refunds will be made within the period of 14 days after the day on which the Seller receive the returned Products or (if earlier) after the day on which the Buyer supplies to the Seller evidence of having sent the products back;
If the Seller has not sent the Products at the time of withdrawal or cancellation or has offered to collect the Products, the Seller will process a refund due to the Buyer without undue delay and, in any case, within the period of 14 days after the day on which the Seller is informed of the withdrawal or cancellation.
refunds will be made by the method used to pay for the Products;
The Buyer will not have any right to cancel a contract insofar as a contract relates to:
the supply of goods which are liable to deteriorate or expire rapidly;
the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the Buyer, or goods that are clearly personalised;
the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the Buyer; and
the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
All Buyers and Sellers acknowledge that:
we do not confirm the identity of app users, check their credit worthiness, or otherwise vet them;
we only undertake period and random checks of the information that is posted to our site, therefore do not check, audit or monitor the information contained in all listings;
we are not party to any contract for the sale or purchase of Products advertised on our site or App;
we are not involved in any transaction between a Buyer and a Seller in any way, save that we facilitate a marketplace for Buyers and Sellers;
we are not the agents for any Buyer or Seller;
we will have no obligation to mediate between the Buyer and the Seller in any dealings between them;
we will not be liable to any person in relation to the offer for sale or sale or purchase of any Products; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Products.
PRODUCT INFORMATION USAGE
By uploading your Product to our App, you give permission for the product image and any associated information to be used for:
Dynamic digital advertisements served on social media, app stores and third party websites
Any other digital marketing activity including but not limited to; paid or organic social media posts and email marketing
YOUR RIGHT TO USE THE SERVICE
The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the myTOT application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service