1.1This website is owned and operated by Lisdie Ltd, a company registered in England with Company Number 12961030 and with registered address 20-22 Wenlock Road London N1 7GU
1.2 The Website www.lisadie.co.uk is a platform where sellers can advertise and sell their products or services to you.
1.3These terms and conditions apply to use of our website. The sale of goods via our website is subject to our customer terms. Selling on Lisadie is subject to our seller Terms.
1.4Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
2) Changes To The Terms And Conditions
2.1We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
3) Acceptable Use Policy
3.1You agree that you will not in connection with our website:
3.1.1breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
3.1.2publish or send any information (including links or references to other content), or otherwise behave in a manner, which:
126.96.36.199is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
188.8.131.52infringes any intellectual property or other rights of others;
184.108.40.206involves phishing or scamming or similar; or
220.127.116.11we otherwise reasonably consider to be inappropriate;
3.1.3publish or send any information which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
3.1.4impersonate any person or entity for the purpose of misleading others;
3.1.5sell access to our website;
3.1.6 use our website to provide a similar service to third parties or otherwise with a view to competing with us;
3.1.7 Sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
3.1.8 Use our website for junk mail, spam, pyramid or similar or fraudulent schemes;
3.1.9 Do anything which may have the effect of disrupting our website including worms, viruses, software bombs, or mass mailings;
3.1.10 do anything which may negatively affect other users’ enjoyment of our website;
3.1.11 gain unauthorized access to any part of our website or equipment used to provide our website;
3.1.12use any automated means to interact with our systems excluding public search engines; or
3.1.13 attempt, encourage or assist any of the above.
4.1You acknowledge that any information published or sent on or via our service by other users is the sole responsibility of the person from whom such content originated and we are not responsible for it.
4.2 We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
4.3 We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities or to a complainant any content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.
6) Functioning Of Our Website
6.1We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason and to make changes to our website.
7) Your Account
7.1If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure, or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
7.2 We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein.
8) Intellectual Property Rights
8.1All trademarks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text, and software used on this site are our intellectual property or that of our suppliers, partners, or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
8.2Just to be clear – you must not collect, scrape, harvest, frame or deep-link any information on our website without our specific prior written consent.
8.3You license (i.e. permit) us to use your content both on our own website and also, for marketing purposes, on other channels including different websites, social media, and emails.
9) Third-Party Websites / Advertising / Services
9.1We may link to third-party websites which may be of interest to you and/or include third-party advertising on our site and/or use third-party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third-party sites or services at your own risk.
10.1Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
10.2You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
10.3.1there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
10.3.2such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
10.3.3such loss or damage is caused by you, for example by not complying with this agreement; or
10.3.4such loss or damage relates to a business.
10.4If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (the subject of course to our obligation to mitigate any losses).
10.5The following clauses apply only if you are a business:
10.5.1In no event (including our own negligence) will we be liable for any:
10.5.1.1economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
10.5.1.2loss of goodwill or reputation;
10.5.1.3special, indirect or consequential losses; or
10.5.1.4damage to or loss of data
(Even if we have been advised of the possibility of such losses).
10.5.2You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
10.5.3To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
11) English Law
11.1These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
12.1We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
13.1If you have any complaints, please contact us via the contact details shown below.
1) Acceptance Of Terms
These provisions set out the terms and conditions (“Terms”) on which you (the “Seller”, “your”) may become a member of the Lisadie website (“Site”) to sell products to customers of the Site (“Customers”).
2) About Us
2.1 This website is owned and operated by Lisadie Ltd, a company registered in England with Company Number 12961030 and with registered address 20-22 Wenlock Road London N1 7GU
3) Overview Of Roles
3.1 Lisadie allows Sellers to list and sell their products on the Site contracting on the standard set of Lisadie Customer terms. Please note that although Lisadie provides the marketplace to help facilitate transactions, which are carried out through the Site. , Lisadie is neither a buyer nor a seller of the Products.
3.2Where a Customer orders a Product through the Site, the contract is formed solely between the Seller and the Customer at the completion of the sale (Contract). A Contract will comprise of the Lisadie Customer terms (and any other documents referred to therein), the email confirmation of the Customer’s order, and the information on the Seller’s shop (“Seller’s Shop”). Lisadie is not a party to that contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is Lisadie acting as the Seller’s agent.
3.3The terms (and the documents referred to in them) may be updated from time to time and the Seller is to be given written notice of such updates. These Terms were most recently updated on 27th October 2020.
3.4Seller details are displayed on the Site on the Seller’s Shop (linked to from the Product pages).
4) Seller Commitments And Order Processing
4.1 In signing up to these Terms, the Seller commits to:
4.2 sell Products in accordance with the Lisadie terms and comply with the Lisadie Terms in all material respects;
4.3 supply only Products that can be delivered to the Customer within the Timeframes stated in clause 18.104.22.168. For the purposes of these Terms a “Working Day” means any day that is not a Saturday, Sunday, or Bank Holiday in the UK;
4.3 be solely responsible and bear all risk and liability for sourcing, storing, selling, and delivering the Products to the Customers using reasonable skill and care.
4.4 ensure that the Seller’s company name, company number, registered office and where applicable trading address and VAT registration number are clearly displayed on the Seller’s Shop and updated, as necessary, as soon as practicable. This shall include updating the details of the Seller’s VAT registration number. Should the Seller no longer hold a VAT registration number, it shall remove this from the Seller Shop. The Seller acknowledges that Lisadie shall have no liability in relation to the Seller’s VAT registration details or any other details which it is obliged to display and keep updated under this clause
4.5 indemnify lisadie against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Lisadie arising out of or in connection with any claims related to a breach of clause 4.4;
4.6 take responsibility for the accuracy and detail of all Product information (including Product descriptions, images, measurements, condition, and any other supplementary information about the Products) as well as the price at which the Products are sold (“Product Sale Price”) along with stock value (the total amount of stock that Seller has available for Lisadie Customers to purchase) and the Seller’s SKU (Stock Keeping Unit) of the product, ensuring that this information is detailed in a listing. You agree that you are responsible for the accuracy and the information provided in a Listing whether you are creating the Listing or using an existing Listing;
4.7 indemnify Lisadie against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses) suffered or incurred by Lisadie arising out of or in connection with any claims related to inaccurate, incorrect, or otherwise misleading descriptions of the Products sold on the Site;
4.7.1ensure that it does not misrepresent the origin of the Products through any description made of the Products in a Listing or otherwise;
4.7.2 ensure that all postage costs and additional postage costs displayed through the Site are accurate;
4.7.3 ensure the quality of all Products is high;
4.7.4 ensure the photographic quality of the Products is high and have a white background color where possible – we recommend using professional photographs but this isn’t essential;
4.7.5 ensure that the Seller updates their account with all periods of the holiday (“Seller’s Holiday Period”);
4.7.6 ensure the Seller responds to order enquires with Lisadie or Customers in a timely manner (immediately if possible, at least within 1 Working Day) unless made during the Seller’s Holiday Period;
4.7.7 ensure that they keep up to date with the account on a daily basis, tracking orders, updating dispatches and orders and responding promptly to Customers requesting a return or raising a Dispute unless made during the Seller’s Holiday Period;
4.7.8 ensure stock levels are accurate (and available);
4.7.9 remove Product listings that are awaiting stock for prolonged periods (of two weeks or more) from the Seller’s account area until they become available;
4.7.10 prepare a suitable invoice for each order and ensure that this is sent to the Customer when requested;
4.7.11 ensure that where a Product should not be sold to Customers under a certain age, that the minimum age for that Product is correctly entered into the account (where applicable);
4.7.12 indemnify Lisadie against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Lisadie arising out of or in connection with any claims related to a breach of clause 4.7.11;
4.7.13 refrain from selling any Prohibited Products
4.7.14 refrain from uploading offensive or nude images or material or otherwise breaching Lisadies Terms of Website Use policy;
4.7.15 indemnify Lisadie against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses) suffered or incurred by Lisadie arising out of or in connection with any claims related to a breach of clauses 4.7.13 or 4.7.14;
4.7.16 refrain from using the Site as an advertising portal, other than in listing the Products which you are selling and permitted to sell under these Terms;
4.7.17 comply with all relevant legislation including the provisions of the Data Protection Act 2018 and all consumer legislation; and
4.7.18 be responsible for the collection and payment of all taxes due, including VAT (if applicable to the Seller);
4.7.19 refrain from selling products that infringe the intellectual property or proprietary rights of a third party.
4.7.20 Promotion of the Seller’s own website
4.7.21 The Seller may not bid on Lisadie name, or variations of the Lisadie brand or domain name or brand name, on Google or any other search engines, or any paid search sites.
4.7.22 The Seller must ensure their username and password logins are kept safe and not accessed by any other party. If these details are lost they must contact Lisadie immediately via the website for new passwords.
5) Pricing and Order Processing Information
5.1 Product Sale Prices should be inclusive of any applicable VAT and will be deemed to be so (if applicable to the Seller and such applicability is to be solely determined by the Seller and not the responsibility of Lisadie
6) The Seller acknowledges and accepts that:
6.1 Lisadie may discount Products for the purposes of the Lisadie Deals platform. Any pricing changes actioned by Lisadie will not be deducted from your payments.
6.1.2 Once the Seller has received an order
6.1.3 is obliged to fulfill and dispatch the Customer order as soon as reasonably practicable and for receipt within the following timeframes (“Timeframes”) which run from the point the Seller’s handling time (“Handling Time”) expires or, if no Handling Time is set, the point the order is submitted by the Customer through the Site:
Designated delivery Timeframes (in Working Days): 1, 1-2, 2-3, 3-5, 4-6, 6-8, 6-10, 10-15, 14-30
6.1.4 1Orders must be dispatched within the Seller’s Handling Time, set on the product displayed
6.1.5 The Seller acknowledges and agrees that Lisadie reserves the right to refund the Customer’s payment for an order if the Seller doesn’t meet the Timeframes for handling that order as detailed above, or if the Customer raises a Dispute relating to delay, and Lisadie resolves the matter directly with the Seller.
6.1.5 The Seller must include with all orders the appropriate invoice (if requested by the Customer), and any such additional documentation as may be provided by Lisadie; and
7) Delivery/post and packing
7.1 A range of shipping options will be available for the Seller to choose from. The Seller will be responsible for selecting which options shall apply. The Seller may choose to offer any appropriate option for the Seller’s Products and may choose from free shipping, flat rate shipping, weight-based shipping, or multiple shipping costs where multiple Products have been ordered within the same order.
7.2 If additional packaging and postage costs apply to the Seller’s Products, where for example the Products are heavy, fragile, bulky, or precious or perishable, the Seller is responsible for ensuring that these costs are considered on their Listing in the Product Sale Price.
7.3 Returns and Refunds
7.3.1 Any requests for refunds or returns for any Product(s) by a Customer shall be dealt with directly between the Seller and the Customer. The Seller will receive an email notification about these requests. The Customer will raise a dispute (“Dispute”) if the product is faulty, misdescribed, damaged, or not delivered and the Customer will request a cancellation (“Cancellation”) if they wish to exercise their rights under the Consumer Protection (Distance Selling) Regulations 2000. The Customer can cancel an order up to 30 (thirty) minutes after the order was placed. Thereafter, a cancellation request will be sent to the Seller for review.
7.3.2 Where the Seller triggers a refund through the account, the Product Sales Price (and where applicable, the postage costs) paid in respect of the refunded Product(s) will be returned to the Customer.
7.3.2 The Seller shall not issue refunds by cheque or other means.
7.3.3.by law, the Customer may cancel, return or obtain a refund in relation to the Products ordered under the Consumer Contracts Regulations within 14 (fourteen) days of the delivery of the Products, however, Lisadie requires sellers to offer a returns period of 20 days. The Customer will do this through their online account, and you will receive an email notification from the Customer;
7.3.4 if the Customer requires a refund because a Product is faulty, damaged, or misdescribed, reasonable postage and packing costs (being Royal Mail’s standard postage cost) incurred by the Customer in returning the Product(s) to the Seller must be refunded to the Customer along with the full cost of the Product;
7.3.5 Ensure that when selling on Lisadie UK, a UK returns address is clearly provided on the Seller Shop to which a Customer may return a Cancellable Product. If a UK returns address cannot be provided, the seller must:
– Offer the customer a pre-paid returns label
– Offer the customer a refund without requesting the Cancellable Product must be returned
7.3.6 the Seller shall provide the customer with a free-post return label to any address outside the United Kingdom to which a Customer may return a Cancellable Product.
7.4. 1Payments for Products on the Site shall be made directly by a Customer to the Seller through the Site, using PayPal.
8) Limitation Of Liability And Indemnity
8.1Nothing in these Terms shall limit or exclude our liability:
8.1.1 for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
8.1.2fraud or fraudulent misrepresentation;
8.2Subject to clause 8.1:-
8.2.1 we shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract, or otherwise; and
8.2.2 our total liability to you in respect of all other losses arising under or in connection with the sale of the Products to the Customers and these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount in Monthly Subscription Fees that you have paid to us in the past 12 months; and
8.2.3 we shall not be liable to you in relation to the Products. It is your responsibility to take out the relevant insurance necessary to cover the cost of the Products you are supplying to Customers in the event that they were lost or damaged in transit.
8.3 Except as set out in these Terms, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
8.4 The Seller shall indemnify and hold Lisadie harmless against all liabilities, claims, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, and all interest, penalties, taxes, duties, and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the Seller’s use of the Site.
8.5 From time to time, it will be necessary for Lisadie to perform Site updates and carry out maintenance of the Site. Although we will try to do this at times that are least likely to inconvenience our Sellers and Customers, and we will always try to notify Sellers of any planned maintenance, we shall have no liability to you for loss of profits or other losses caused by maintenance carried out on the Site or downtime of the Site.
9.1 Without limiting our other rights or remedies, we may terminate these Terms with immediate effect by giving written notice to you if:
9.1.1 you commit any continuing or material breach of any of the provisions of these Terms and, in the case of such a breach which is capable of remedy, fail to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
9.1.2 an encumbrancer takes possession or a receiver (or similar office holder) is appointed over any of your property or assets;
9.1.3 you make any voluntary (or similar) arrangement with your creditors, an administrator is appointed or you are subject to insolvency proceedings in any jurisdiction;
9.1.4 you go into liquidation (except for the purposes of an amalgamation, reconstruction, or other reorganization and in such manner that the company resulting from the reorganization effectively agrees to be bound by or to assume the obligations imposed on that other party under these Terms);
9.1.5 you cease or threaten to cease, to carry on business.
9.1.6 you fail to pay any amount due to us in connection with these Terms
9.2.3 terminate these Terms.
9.3 Without limiting your other rights or remedies, you shall have the right to terminate these Terms by giving us three month’s written notice
9.4 Without limiting our other rights or remedies, we shall have the right to suspend your access or grant you only Restricted Access to if you breach any of the terms listed in clause 7.
10) Consequences Of Termination
On termination of these Terms:
10.1 you shall immediately pay to us all of our outstanding fees and any other amounts which are properly owed to us together with any applicable VAT;
10.2 you shall return to us any property which belongs to us. Until such property has been returned, you shall be solely responsible for its safekeeping and will not use it for any purpose;
10.3 the accrued rights, remedies, obligations, and liabilities of the parties as at expiry or termination of these Terms shall not be affected. This includes the right to claim damages in respect of any breach which existed at or before the date of termination or expiry;
10.4 all licenses granted under these Terms will expire on termination;
10.5 clauses which expressly or by implication have effect after termination shall continue in full force and effect; and
10.6 you acknowledge and accept that we reserve the right to pass your contact details to a Customer where, on termination of these Terms, there remain any Disputes or issues which are unresolved between you and the Customer.
11.1 Lisadie will take all precautions to securely store all of the Seller’s Product and business information and will not share with any third party, unless specific permission is granted by the Seller.
11.2 The Seller will not disclose any details of correspondence or operations to any third parties.
11.3 The obligations of confidentiality under these Terms shall remain in effect for 5 years after the termination or expiry of these Terms.
12) Intellectual Property Rights
12.1The copyright, design rights, and all other intellectual property rights in the Site (including those in any materials and other documents or items that we prepare or produce in connection with the Site) will belong to us absolutely.
12.2 You may not use the materials, documents or other items detailed in clause 12.1 above without Lisadie’s prior written consent.
12.3You acknowledge and accept that the copyright, design rights and all other intellectual property rights in a Listing will belong to us absolutely or have been licensed to us. Listing a Product against a Listing does not grant you any intellectual property rights in that Listing.
12.4 We hereby grant you a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, each Listing for the sole purpose of advertising the Product(s) which you sell through the Site.
13) Seller’s IPR Warranty And Indemnity
13.1The Seller warrants to Lisadie that it is the legal beneficial owner of all the IPR and/or possesses a valid license to use the IPR in the materials which include the data, information (including Seller Information), photographs, logos, and images it provides or uploads to Lisadie and the use of its IPR by Lisadie pursuant to these Terms will not infringe IPR owned by any third party and that there is and will be no claim against Lisadie by any third party arising in relation to its IPR.
13.2 The Seller shall indemnify Lisadie and hold Lisadie harmless against any and all damages, liabilities, costs, expenses, and losses arising out of or relating to any non-compliance or breach of this clause 13.
13.3 For the purposes of clauses 12 and 13 “IPR” shall mean copyright and related rights, trademarks, and service marks, business names and domain names, rights in set-up, goodwill, and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in computer software, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
14) Law And Jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute or claim arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.
15.1 We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
15.2No party shall assign, transfer, charge, subcontract, or deal in any other manner with any of our rights or obligations under these Terms.
15.3 Any notice or other information required or permitted to be given under these Terms shall be deemed to have been validly given if served personally on that party or if sent by First Class pre-paid post to the last known address of that party. If sent by First Class pre-paid post the notice shall be deemed to have been received 2 days after the date of posting. If any such notice or other information is given by means of facsimile then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next Working Day where sent outside such hours.
15.4 No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
15.5 If any provision of these Terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable (or indications to that effect are received by us from any competent authority) then that provision shall be limited or eliminated to the minimum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.
15.6 Nothing in these Terms is intended or shall be deemed to constitute a partnership or joint venture of any kind between you and us, nor constitute us your agent. You shall have no authority to act as our agent or to bind us in any way.
15.7 These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.8 No variation of these Terms shall be binding unless made in writing and signed by you and us.
15.9 These Terms apply to the exclusion of any other terms that you seek to impose.
15.10 These Terms shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Terms.
15.11 References in these Terms to “writing” include facsimiles but not e-mail.