Terms of Use

We have tried to make our terms of use simple to understand and as useful and fair as possible. We want terms that you understand and can comply with. If you have any thoughts on how we can improve our terms then please do contact us.

Terms of Use

Definitions and Notification of Changes

By using the Moo and the Magpie.co.uk website [“Moo and the Magpie”] you are agreeing to be bound by the following terms and conditions [the Terms of Use” or “The Agreement”].

Moo and the Magpie may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Moo and the Magpie. Your continued use of Moo and the Magpie.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

General Terms

  1. You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Moo and the Magpie.

Behaviour

  1. You must not use Moo and the Magpie for any illegal or unauthorized purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
  2. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
  3. You must not threaten, intimidate, harass or otherwise abuse any other Moo and the Magpie user.
  4. You are responsible for maintaining that the content you submit is your own and is not owned by others.
  5. You must not modify or adapt or ‘hack’ Moo and the Magpie.co.uk or seek to create another website or communication to users that implies it is associated to Moo and the Magpie.co.uk
  6. You must not produce unwanted communications [spam] to other users of Moo and the Magpie.
  7. You must not transmit or seek to transmit any viruses orwormsor any code that seeks to alter the behaviour of the Moo and the Magpie site or that is in any way destructive.

Liability

  1. Under no circumstances will Moo and the Magpie Ltd. be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; © loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Moo and the Magpie regardless of the form of action.

Goods for Sale – Handmade

  1. If you seek to sell products then all goods sold as “handmade” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller.

Content and Copyright

  1. You [“the user”] in using Moo and the Magpie allow Moo and the Magpie the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Moo and the Magpie to use this content both on and offline in perpetuity (see also point 27.).
  2. You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).
  3. You must not copy, modify, or distribute Moo and the Magpie’s copyrighted works or trade marks, or other content from the Site, without our express consent.
  4. As editor, Moo and the Magpie may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site).
  5. By submitting your content you grant Moo and the Magpie a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.].
  6. Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify Moo and the Magpie against all legal fees, damages and other expenses that may be incurred by Moo and the Magpie as a result of your breach of the above warranty.

Sales and Returns

  1. You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item.
  2. You must post items purchased from you after receipt of payment in the time frame specified in the listing.

Data and Privacy

  1. You must not solicit for new business on Moo and the Magpie or use Moo and the Magpie.co.uk to send unsolicited communications except to ask or inform others about Moo and the Magpie business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP(internet service provider).

Changes to the Service

  1. Moo and the Magpie retains the right to terminate or change the service for any reason at any time without notice.
  2. Moo and the Magpie retains the right to modify the Terms of Use at any time. Moo and the Magpie will inform registered users by email and through the site blog of any changes to the Terms of Use.
  3. Moo and the Magpie retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.

Marketing and Linking

  1. You shall not link out from Moo and the Magpie to your own shop or other selling platform. Moo and the Magpie is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.

Fees

  1. You agree to pay the fees set out in our Fees Policy below.

Policies

  1. The Terms of Use covers acceptance of the following discrete policies:

The Fees Policy
Sales and Returns Policy
Makers Responsibility Policy

If you break the above terms then your account will be suspended and possibly terminated. Moo and the Magpie seeks to promote legal activity and well behaved conduct on its site however, you understand and agree in using the site that Moo and the Magpie is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the Moo and the Magpie service at your own risk.

If you have any questions relating to our Terms of Use or suggestions on how to improve them please contact us by emailing hello@mooandthemagpie.co.uk.

Fees Policy

It is free to join Moo and the Magpie – there are no sign up costs. We charge fees for listing items and we charge a commission fee when you sell an item. Listings last for 120 days unless the item is sold out or the quantity is reduced to zero. You can re-list items before their expiry date, up to once per day.

  1. Listing fees
  • £0.40 for each itemlisted (see below)
  • All fees to be paid through PayPal

When you list or re-list a product, we charge 40p for each item in that listing. For example, if you have made 10 knitted hats of the same design, you can create a listing for a knitted hat and set the available quantity to 10. You would be charged 40p x 10 (£4) for that listing.

If you’re just starting out, you might want to list only 1 or 2 of each item to begin with – you can always re-list items if they sell out!

  1. Commission Fees

We charge 10% sales commission on the selling price of all items. Commission is not charged on postage.

  1. Exemption

As the first of our makers, Pixiemade, Anita Gyori and Studio Kloon are exempt from the upfront listing fees and as such will only be asked to pay listing fees on the sale of the applicable items. Pixiemade’s, Anita Gyori’s and Studio Kloon’s listings will last for 365 days unless the item is sold. They can then be relisted but will revert to the standard Fees Policy with no exemptions.

How are fees billed and paid for?

  1. Listing fees

Bills are generated on the 1st of each month, in arrears (i.e. you pay for your use of Moo and the Magpie in the previous month. You will be sent an email on the 1st of the month if there are any fees due on your account. Bills must be paid by PayPal by the 1st of the following month otherwise your account will be placed on hold until all bills are paid.

  1. Commission Fees

All sales are processed through one central PayPal account. When a product is sold and paid for, a notification will be sent to the relevant maker. It is then the maker’s responsibility to dispatch the product (see guidance on Maker’s Responsibility Policy). Once payment is received from the buyer (including postage costs), the payment will be transferred to the maker, minus 10% sales commission.

Sales & Returns Policy

Sales Policy 

Selling

All sellers agree to abide by the Consumer Protection (Distance Selling) Regulations 2000 http://www.legislation.gov.uk/uksi/2000/2334/contents/made. This law protects the consumer when buying over the internet or by mail order and applies to all member states of the EU.
Moo and the Magpie aims to make it easy for sellers to comply with the DSR and consumer law, however, all compliance is the responsibility of the seller.

Sellers must post items purchased within four (4) working days of receiving payment unless otherwise clearly stated on the product description OR if the buyer’s identity and / or address cannot be authenticated. In the event that the seller is away and will not be able to fulfil this obligation, they should notify Moo and the Magpie so a ‘delay in dispatch’ notification can be added to all relevant product descriptions. All items must be received by the buyer in under 30 days.

Buying

You must pay for items purchased by you, unless the seller has made a clear typographical error. You and you alone are liable for paying Moo and the Magpie if you commit to buy an item.

Returns Policy

In using Moo and the Magpie, sellers agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to 14 days after receipt of the items and a full refund including the cost of the outgoing postage must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner.

Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage.

Please note: Unless faulty, the following types of items are non-refundable: items that are personalised, bespoke or made-to-order to your specific requirements; items which deteriorate quickly (e.g. food), personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken.

Cancelling a transaction.

The buyer must inform the seller if they wish to cancel the order and they must do this in writing (email is sufficient). Sellers must provide a full refund of the cost of the item and any postage costs within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. _If the goods have not yet been sent, refunds must be provided within 14 days of receipt of the notification of cancellation.

How do I cancel an order?

Return of faulty goods.

The consumer has a right to return goods if they develop a fault within six months of receipt of the goods. Depending on the circumstances, they may be entitled to a refund (full or partial), a repair or replacement.

Lost items.

If the item is lost in transit then, unless proven otherwise, the seller should assume the contract is terminated and provide a refund or deliver the same item.

Makers Responsibility Policy

As a Moo and the Magpie maker, you are responsible for ensuring all supplied information is correct.

  1. All products sold through Moo and the Magpie should be of a professional quality and therefore unlikely to disintegrate, break or otherwise malfunction within six months of reasonable usage.
  1. When supplying product imagery and description text, please ensure the photo is of a high standard and that the description text is accurate.
  1. The maker is responsible for supplying product dimensions, weights and accurate postage and packing costs in line with the available shipping categories on the website.
  1. The maker is responsible for packing and dispatching the product within four (4) working days of receiving payment unless otherwise clearly stated on the product description OR if the buyer’s identity and / or address cannot be authenticated. In the event that the seller is away and will not be able to fulfil this obligation, they should notify Moo and the Magpie so a ‘delay in dispatch’ notification can be added to all relevant product descriptions. All items mustbe received by the buyer in under 30 days.
  1. All items sold through Moo and the Magpie are sent by ‘Recorded’ Royal Mail postage to minimise loss and refunds.
  1. Makers will be supplied Moo and the Magpie business cards to include with the sold item. Makers are to ensure that the packing materials are in keeping with the Moo and the Magpie brand image. If you need clarification, please email hello@mooandthemagpie.co.uk.