Seller Terms & Conditions
These specific sellers terms and conditions are in addition to the standard Bookami website Terms and Conditions.
You only need to accept these additional terms if you decide to sell patterns through the Bookami website.
Please pay very careful attention to these Terms & Conditions before accepting. Ensure you read through all terms and conditions relating to a seller account including section 5 - YOUR OBLIGATIONS
A. These terms and conditions (the “Conditions”) apply between you (the “Seller”) and MCI Creative Ltd T/A Bookami (“we”, “us”), in connection with the provision of the Service to you by us.
B. It is important that you read and understand these terms and conditions before agreeing to them.
C. Bookami shall be entitled to amend the Conditions, the Charges or all or any of them from time to time by posting such amended versions of them on the Bookami Website. The Seller acknowledges that it is their responsibility to check the Bookami Website on a regular basis to make and keep themselves aware and notified of any changes made by Bookami to the Conditions, the Charges or all or any of them. Where reasonably practicable, Bookami shall provide not less than thirty days’ written notice to the Seller of any material amendment to the Conditions or the Charges. Notwithstanding the foregoing, Bookami reserves the right to make amendments to the Conditions and/or the Charges from time to time without notice, or providing less than thirty days’ notice, to the Seller, where Bookami reasonably considers:
i) such changes not to be material; or
ii) that it is otherwise not reasonably practicle to provide thirty days’ written notice.
2. TERM AND TERMINATION
A. The term of these Conditions (the “Term”) shall commence after:
i. Bookami has received an Application Form from the prospective Seller completed to the satisfaction of Bookami; and
ii. Bookami has accepted and approved the Seller’s Application Form. It shall be entirely at the discretion of Bookami whether or not to accept a Seller’s Application Form;
iii. and the Joining Fee (if applicable) has been paid by the Seller.
B. Without prejudice to either party's right to terminate the Conditions under the remainder of this clause 2, these Conditions shall continue in force unless and until either party notifies the other in writing at least 30 days prior to the expiry of the current Term.
C. Bookami may immediately suspend provision of the Service or terminate the Conditions without liability to Bookami.
3. THE SERVICE PROVIDED BY US
A. Following commencement of the Term, Bookami will:
i. allow the Seller to create a seller profile and to make patterns available for sale on the Bookami website following approval of any item for sale;
ii. provide the Service with reasonable skill and care; and
iii. use reasonable endeavours to restore any faults in the Service as soon as reasonably practicable. The Seller acknowledges that the transmission of information via the internet is not completely secure, there is always a risk that communications by electronic means may not reach their intended destination, or may do so much later than intended, for reasons outside Bookami's control, and that it is technically impossible to provide the Service entirely free of fault at all times.
B. Bookami reserves the right to revise or alter the Service at any time. Any variation in the Service will be subject to the Conditions.
C. The Bookami Website provides a platform to allow Sellers to offer and sell their Patterns directly to Customers. In doing so, the Seller authorises and appoints Bookami as its commercial agent to directly negotiate and/or conclude the sale and/or purchase of Products between the Seller and Customers via the Bookami Services and Bookami accepts this appointment on the terms of these Conditions. As part of this process:
i. any contract to sell and buy Products is made only between the Seller and Customer concerned and Bookami is not a party to any such contract;
ii. Bookami facilitates the negotiation of the sale of Products between Customers and Sellers through the use of the online shop operated and managed by Bookami, together with the Bookami Services that contribute to increasing the Seller’s goodwill, promote the Seller’s Products and generally encourage Customers to place orders with Sellers.
iii. Seller products offered for sale through the Bookami Website are not owned by Bookami at any time.
D. The Seller hereby acknowledges that Bookami has sole and complete discretion whether to invite or select prospective Sellers to subscribe to use of the Service.
E. The Site provides a system of Feedback. By using the Site and Service the Seller agrees that:
i. Bookami may, in its discretion, post on the Seller’s relevant Product Page any and all Customer Feedback relating to the transaction in question for a period of up to two (2) years after Bookami receives such Customer Feedback;
ii. Bookami may, in its sole discretion elect not to post any feedback deemed to be offensive, defamatory, unlawful or otherwise inappropriate.
5. YOUR OBLIGATIONS
i. The Seller hereby undertakes to:
a. establish and maintain access to the World Wide Web at their own cost, through use of a computer and modem or other access device;
b. ensure that at all times all computer hardware and software it uses to access and interoperate with the Site is equipped and functions with up-to-date software (including up-to-date internet browser software) and up-to-date protection against Viruses; and
c. to ensure that information supplied electronically to Bookami and to the Bookami Website is submitted free from Viruses;
ii. Bookami has no responsibility for the provision, support and maintenance of any of the Seller's hardware or software used to provide the Seller with access to the internet or the Bookami Website, or any related hardware or software (including any IP router, proxy server, firewall or anti-virus software), the responsibility for which shall remain exclusively with the Seller.
i. The Seller:
a. is responsible for the security and proper use of all passwords used in connection with the provision of the Service and access to the Online Shop (which responsibility shall include the obligation to change passwords on a regular basis);
b. shall take all necessary steps to ensure that passwords remain confidential, secure, used properly and not disclosed to unauthorised third parties;
c. shall inform Bookami immediately if there is any reason to believe that a password has or is likely to become known to someone not authorised to use it, or is being or is likely to be used in an unauthorised way;
d. shall inform Bookami immediately if the Seller forgets or loses a password and must satisfy such security checks as Bookami may operate in order to obtain a new password; and
e. shall ensure that the Online Shop Seller Portal and its content remains entirely confidential, and that no other person beside those in the Seller's employment has sight of the Online Shop Seller Portal or any of its content.
ii. Bookami reserves the right:
a. to suspend access to the Service if at any time Bookami considers that there is or is likely to be a breach of security, in which event Bookami will notify the Seller of the suspension and any steps to be taken by it as soon as reasonably practicable; and
b. to require the Seller to change any or all of the passwords used by the Seller in connection with the provision of the Service and access to the Onlne Shop, in which event Bookami will notify the Seller of the requirement to change passwords and any further steps to be taken by the Seller as soon as reasonably practicable.
C. YOUR Listings
Sellers are only permitted to offer for sale patterns that have been created using Bookami Book Folding Software
Please allow 24-48 hours for listings to be approved.
i. Bookami has absolute discretion as to:
a. the look, feel and content of the Bookami Website;
b. the inclusion, positioning, content, location and all other presentation of Seller Information (including in Bookami' sole discretion the right to remove any Seller Information from the Bookami Website at any time during the Term); and
c. the Products live on the Bookami Website (including in Bookami's sole discretion the right to remove any Product from the Bookami Website, or not allow a Product to be set live for sale on the Bookami Website).
d. advertise all products on the website as we see appropriate. By listing your items on the website you give permission for your images to be used in any advertising or marketing of your products we see fit.
ii. Quality of Presentation
a. The Seller shall:
i. ensure that its listings maintain a high standard of presentation and at all times accords with any applicable guidelines notified to it from time to time by Bookami, including in relation to the form and content of copy and product imagery;
ii. comply with reasonable instructions from Bookami concerning its Online Shop.
b. Any failure to maintain suitably high standards of page presentation may result in the de-activation of the relevant Product Page(s) in the first instance. Bookami reserves the right, in its sole discretion, to de-activate the Seller’s listings until standards have been improved.
iii. Seller and Product Information
a. The Seller shall ensure that all Seller Information provided about itself and the Products in its listings is and remains true, accurate, current and complete;
b. Without prejudice to the Seller's obligation to comply with any Policies, the Seller undertakes and agrees that none of its Seller Information nor any of the Seller's activities or use of the Bookami Website, will:
i. be false, inaccurate or misleading;
ii. be offensive, indecent, obscene, pornographic, menacing, abusive or defamatory;
iii. be in breach of any applicable law or regulation, including, but not limited to copyright;
iv. adversely affect the reputation of Bookami or the Bookami brand;
v. create, or be likely to create, liability for Bookami or cause Bookami to lose (in whole or in part) the services of its internet service or other suppliers;
vi. contain any Virus; and
vii. cause the Site or their functionality to be interrupted, damaged or impaired in any way.
c. The Seller shall not include within its listings, in the seller profile or, any other place on the Bookami Website or in any other means of communication with the Customer:
i. any direct or indirect link to other websites including the Seller's own website;
ii. its email address; or
iii. any other means by which a Customer could communicate directly with the Seller, other than through Bookami.
d. Sellers may amend and update information about their Products displayed on the Site and are responsible for designing, creating, managing and amending any bespoke graphics or product images in accordance with the applicable Policies.
a. The Seller's prices must be fully inclusive of all taxes and additional charges.
b. If the Seller is VAT registered, the Seller should set the VAT rate at the level which is currently in force in the UK with respect to the Seller's Products.
c. The Seller is solely responsible for ensuring that it fully complies with current VAT regulations and accounting for VAT correctly.
d. The Seller has complete discretion over how it wishes to price its Products within the following parameters. To keep the pricing fair and to prevent price wars, the minimum selling price of a pattern is set to £2.50. There is no upper limit to allow for patterns such as book folding alphabets.
vi. Product listing and categorisation
a. The Service allows Sellers to offer their Products on the Bookami Website as part of an 'always on' detailed electronic online catalogue containing categories and sub-categories, so that Sellers may display each Product in the most appropriate categories, and with Product information and pictures uploaded by them. Bookami reserve the right to recategorise products where it sees fit.
b. Bookami may, in its absolute discretion and where relevant and appropriate, select a Product for inclusion in a featured listings display.
c. The Seller shall ensure that each of the Seller's Product listings contains all the information required by a Customer to make a purchase, and that such information is wholly accurate. 'Dummy' box filling to circumnavigate required fields is not permitted.
d. The Seller shall not make use of keyword spamming (the use or placement of inappropriate keywords in a title or description to gain attention or divert users to another page) or similar techniques in Product listings.
e. The Seller shall not upload any duplicate patterns that are featured by another Seller. Variations of similar patterns are accepted. For example, the seller is not restricted form listing a 'Mum' pattern just becasue another seller has one for sale.
f. Subject to paragraph e. of this clause, if a Seller wishes to promote the same Pattern(s) on the Bookami Website as another Seller, it shall be solely the responsibility of the relevant Sellers to resolve between themselves any conflict, whether with regard to IPR or other, that arises in this respect. Bookami shall have no liability for any such scenario or any issues arising from it.
Upon the sale of one of your patterns, the customer payment is made to Bookami. You will be notified of the sale and this will appear in your seller dashboard showing the commission you paid to Bookami on the sale and your seller balance. Payments to sellers are paid once weekly, on Mondays, to the specified PayPal account provided at the time of sign-up to the seller facilities. Bookami will not be responsible for missing payments made to incorrectly provided PayPal accounts.
All sales are final in accordance with the standard Bookami Terms and Conditions relating to the sale of digital download products. This, however, does not stop customers from opening PayPal claims, submitting chargeback requests to credit cards or by other means making the transaction void. If a transaction is considered void, the balance gained from the sale of the patterns will be removed from the sellers balance.
D. SUSPENSION OF SERVICE
Bookami may immediately suspend or terminate the Seller's use of the Service in the event Bookami reasonably believes or suspects that any Seller Information does not comply with the provisions of this clause.