Acceptance of terms
By using the Free From Festival Marketplace website (“the Marketplace”) you agree to be bound by the terms and conditions set out below, including any policies or documents refered to therein (“the Customer Terms”) as to how you may make use of the Marketplace , whether as a guest or registered user.
From time to time, we may update the Customer Terms (and any of the documents referred). We may also make changes to the functionality of the Marketplace .
You should review the Customer Terms periodically for changes. If you do not agree to these Customer Terms then please do not use the Marketplace .
1. About us
The Free From Festival Marketplace is operated by the Free From Festival, a trading name of Free From Events of 12 Charles Darwin House, 17 Minnie Baldock Street, London E16 1YE.
2. Access to the the Marketplace
Access to the Marketplace is permitted on a temporary basis. We will not be liable if for any reason the Marketplace is unavailable at any time or for any period.
It is your responsibility to ensure that all information (including your name and address) you upload to the Marketplace , is correct and accurate. Ensure that you check all information before making a purchase.
By accessing and using the Marketplace to make purchases you are confirming that you are 18 years of age or over. This includes the purchase of any products containing alcohol.
3. Intellectual property
We own, or are the licensee to, all rights, title and interest in and to the Marketplace , including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Marketplace.
You must not extract or otherwise use any of the content on the Sit for commercial purposes without obtaining a licence to do so from us or our licensors.
4. Limitation of liability
When you place an order to purchase goods through the Marketplace , the resulting legal contract is between you and the Seller of the specific products purchased. Such contract shall comprise of these Customer Terms, the email confirmation of your order and the applicable details on the product page. By placing an order, you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to each order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot and do not provide any undertaking that goods you purchase from Sellers through the Marketplace will be of satisfactory quality. This and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods through the Marketplace we may disclose your customer information related to that transaction to the relevant Seller.
We are not responsible in any way for listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Marketplace .
To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of the Marketplace . Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
We reserve the right refuse to process any transaction at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
5. Your Orders
Each order you place through the Marketplace shall be deemed to be an offer by you to purchase the goods specified subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods notified in the email acknowledgement of order.
6. Promotional Discount Codes
From time to time we may release promotional discount codes for use through the Marketplace (“Discount Code”). These Customers Terms shall apply to any Discount Codes. By using a Discount Code, you will be deemed to have read, understood and agreed to be bound by the Customer Terms.
Any Discount Code will be an arrangement between you and us (and not between you and the Seller) and can only be applied to orders made through the Marketplace .
The relevant discount will be applied to your entire basket, excluding any delivery charges. Promotional codes should be entered on the payment page during checkout for the discount to apply.
Each Discount Code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. They may also have other conditions for use such as a minimum order value. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Marketplace (eg, via an on-Marketplace banner or pop-up).
We reserve the right to suspend, change or cancel any Discount Code, at any time, in the event of circumstances arising which make it necessary to do so. We may update these terms from time to time and reserve the right to add additional terms and conditions for specific promotional codes as and where necessary.
Discount Codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
Any refund to which you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards any order placed.
Purchases for goods and/or services you make with Sellers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the delivery options selected from the range offered by each Seller.
All prices quoted include any applicable VAT.
8. Delivery & Returns
Each Seller has responsibility for the delivery of their products. Delivery options and costs will vary according to the delivery methods offered by each Seller. The details of any available delivery methods together with pricing will be stated on each product page. Any delivery times quoted are in working days. See our Delivery & Return for more information.
If you wish to discuss or organise a return, exchange or refund of any item please contact the Seller directly using the Chat Now function on the Marketplace in accordance with our Delivery & Returns, which provides that any returns or refunds shall be arranged and made by the Seller.
You may link to the Marketplace, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
From time to time, the Marketplace may provide links to third party websites for your information. If you decide to access any such third party websites so linked, you do so entirely at your own risk. We have no control over such sites and therefore do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. We accept no responsibility or liability for third party websites or for any loss or damage that may arise from your use of them.
10. Uploading material to the Marketplace
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Marketplace will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Marketplace.
11.Reviews and Ratings
You may leave reviews (“Reviews“) for a Seller’s products. You may also rate the product using a 1-5 star rating system (“Rating“). You accept that Reviews and Ratings will be displayed publicly on the Marketplace. You must complete any Reviews honestly based on your experience with the seller’s products.
We reserve the right to remove (immediately and without notice) any posts which, in our absolute discretion, are illegal, defamatory, offensive or obscene.
You agree to indemnify and hold us, our affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third party, arising out of or in connection with any Reviews or Ratings left by you on the Marketplace.
12. Viruses, hacking and other offences
You must not misuse our Marketplace or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Marketplace , the server on which our Marketplace is stored or any server, computer or database connected to our Marketplace . You must not attack our Marketplace via a denial-of-service attack or a distributed denial-of-service attack.
We will report any breach of this provision to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Marketplace will cease immediately.
No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
16. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
17. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Free From Events or any Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes any of our rights when acting as commercial agent of any Seller.
18. Law and jurisdiction
Contracts for the purchase of goods or services through our Marketplace shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We are grateful for all feedback provided , which will help us to continue to improve the Marketplace and provide the best possible experience to our customers. General comments or Feedback about the Marketplace itself should be sent to us directly via Contact Us.
If you have any queries or complaints about a particular product or order please contact the Seller directly in the first instance.
If it has not been possible to resolve any issue with the Seller directly, please Contact Us.