TERMS & CONDITIONS
These Terms and Conditions apply to The TMX Marketplace hosted at market.tmxnews.co.uk (the “Marketplace”) which is operated by Johnston Publishing Ltd (whose registered office address is Unex House - Suite B, Bourges Boulevard, Peterborough, Cambridgeshire, PE1 1NG and whose company number is 01919088 in England and Wales.), referred to below as (“Johnston Publishing Ltd”).
It is important that you understand that Johnston Publishing Ltd allows 3rd party sellers (the “Seller”) to list and sell products and services (the “Goods”) on the Marketplace and only helps the Seller to facilitate transactions that are carried out through the Marketplace. Johnston Publishing Ltd is not the seller of the Goods, unless listed as such on the Marketplace, and shall have no liability to you, for any claims, demands, losses, damages, or penalties arising out of any transaction with any other Seller. When you place an Order (as defined in section b of Part 1 of these Terms and Conditions) for any Goods on the Marketplace, you are placing an Order and legally contracting with the relevant Seller. The Seller is solely responsible for making the Goods available for purchase (including by taking Orders and collecting payment via PayPal). Johnston Publishing Ltd is not a party to and has no obligations under these Terms and Conditions. Any financial transaction is made directly between you and the Seller and not with Johnston Publishing Ltd, unless otherwise stated.
To use this Marketplace you must be legally capable of entering into a financial contract. You will also need to register/log-in with PayPal to use the Marketplace and will be subject to PayPal’s terms and conditions.
These Terms and Conditions are subject to change at any time. You should check these Terms and Conditions posted on the Marketplace periodically to ensure that you are aware of and comply with the current version. Any such change will be effective to all new Orders once included in the text of these Terms and Conditions and posted on the Marketplace. Your acceptance of these Terms and Conditions is given when you purchase Goods from the relevant Seller(s).
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. Neither the Marketplace nor the Seller shall be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Where you wish for Goods to be delivered outside of the United Kingdom, please note that you must comply with all applicable laws and regulations of the country for which the products are destined. Johnston Publishing Ltd will not be liable for any breach by you of any such laws.
The Terms and Conditions contain the following parts:
Part 1 – Buying Goods
Part 2 – Delivery
Part 3 – Returning Goods
Part 4 – Disputes procedure
Part 5 - Disclaimer of warranties and limitation of liability
Part 6 - General terms relating to each Seller’s relationship with you
Part 1 – Buying Goods
This Part 1 sets out some terms, which apply to your purchase or reservation of Goods from any of the Seller(s) through the Marketplace.
All prices are, unless otherwise stated, inclusive of applicable taxes. Delivery charges may apply and these will be displayed in the Order process. The Seller will make all reasonable steps to ensure that all local taxes and duty are paid but in rare circumstances you may be required to pay a local duty on international goods. In the event that you are asked to discharge such costs by the relevant Seller’s nominated carriers, please retain proof of payment and provide the same to the Seller(s) who will refund the same.
b. Order process
By placing Goods in your basket and proceeding with the checkout procedure, set out below, (your "Order"), you make an offer to purchase a product from a Seller(s):
Checkout step 1 – login to your account, using either your account details or your PayPal login.
Checkout step 2 – Register your credit/debit card details, if not already registered.
Checkout step 3 – Enter delivery address and confirm payment. Where applicable only one promotional code can be used at a time
The Seller reserve the right, at their sole discretion, to limit the number of items purchased per person, per household, or per Order. These restrictions also may be applicable to Orders placed by the same account, the same credit card, and also to Orders that use the same billing and/or shipping address, or are placed by dealers. All Goods are subject to availability – the relevant Seller may not be able to supply your Order.
Please note that when buying Goods over the internet the colours which are shown for the Goods on the Marketplace will depend on many factors – including your display settings and that all sizes and measurements are approximate.
The Goods and promotions which are offered on the Marketplace by the Seller may not be available in the Seller's store, and vice-versa.
c. Acceptance of your Order
Your Order only constitutes an offer to purchase Goods from a Seller, and does not form a binding contract until accepted by that Seller. Where you Order more than one product your Order contains a series of offers for each product individually.
On receipt of your Order, TMX Marketplace will send you an Order acknowledgement email to the email address you have provided. This Order acknowledgement email will contain your Order number, details of the Goods Ordered and a delivery estimate. Note that this email is only to acknowledge that your Order has been received, and is not acceptance by the relevant Seller of any offers to purchase Goods.
Each Seller must receive full payment both of the price of the Goods and any delivery charges before it can accept any Orders. Where you select to pay by credit or debit card the presiding banking institution or payment gateway operating on behalf of the relevant Seller will process the payment at the time of preparing your Goods for dispatch. Depending on the financial institution that you choose to make payment from an international transaction fee may be charged by that financial institution on your purchase. Please note that this fee is not charged by the Sellers or the Marketplace on the Seller’s behalf and as such neither the Sellers, nor Marketplace on behalf of the Sellers, can refund you any amount levied in this respect.
You will not be charged until your Order is verified, payment authorised, and your Order has entered the shipping process.
An offer made by you to purchase Goods shall only be deemed to be accepted by the relevant Seller when that Seller dispatches that product to you and sends you an Order dispatch email which includes details of the Goods. Each Seller reserves the right to refuse any offers in an Order prior to acceptance. If Goods are not available the relevant Seller will include details of the unavailable product in the Order dispatch email. Goods which are not available will not be included in the contract for Goods which are dispatched.
Each Seller reserves the right to decline your Order at their sole discretion. Each Seller reserves the right without prior notice to discontinue or change the specifications for Goods, locations where Goods are delivered, and prices on Goods without incurring any obligation to you.
Part 2 – Delivery
Each Seller currently displays their delivery policies on every product detail page. It is your responsibility to check the policies relating to all Goods that you order.
Any delivery estimates given on the Marketplace or by the Order confirmation email are estimates only.
Each Seller endeavours to ensure that the Goods that you Order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances. Neither the relevant Seller nor its nominated carrier shall be under any liability for any delay or failure to deliver the Goods within the estimated time frame.
Risk of loss and damage of Goods passes to you on the date and time of delivery of the Goods.
Part 3 – Returns Policy and Refund Policy
This Part 3 sets out the terms, which govern your right to return any Goods that you do not want to keep.
Please ensure you return Goods in their original condition and packaging, unworn and unwashed, with all labels intact. In addition, Goods listed in section a of Part 3 below under ‘What can’t I return?’ shall not be refunded.
a. What can’t I return?
Unfortunately, the items on the list below can not be returned unless they are faulty:
Bespoke or personalised products made to your specific requirements or measurements
Perishable products (including but not limited to food or drink)
Creative pieces that are specially commissioned when you place an order, including but not limited to art, sculpture and ceramics
Personal items sold with a hygiene seal (including but not limited to cosmetics or underwear) where the seal is broken
Earrings for pierced ears
b. How long do I have to return Goods?
If you have placed an Order for an item sold and dispatched by a Seller, you can view the Seller's return policy by visiting that particular Seller’s store page and selecting “Refund Policy”. From there, you can read more about that particular Seller's return policy for the items they sell.
Your rights under this Part 3 are in addition to the cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as amended or superseded from time to time. If you wish, you may notify the Seller(s) in writing by letter or email that you wish to cancel your contract before the end of the statutory cancellation period (30 calendar days from the day after you receive the products). You must then return the Goods to the Seller(s) in the specified manner below within 35 calendar days after the day on which you notify the Seller that you wish to cancel your contract.
If you return your purchase by post or courier after the periods outlined above (with the exception of faulty or damaged goods) the Seller reserves the right not to offer you a refund in full. The Seller may return your purchase to you on payment of an additional delivery fee. This refund policy does not affect your statutory rights in respect of faulty or damaged goods.
c. How do I return Goods?
Items purchased online at market.tmxnews.co.uk cannot be returned to any Seller(s) store, and any returned Goods should be done using the process below:
Step 1: Write your name, address, postcode and Order number on the returns form together with any other requested information.
Step 2: Enclose the return form with your Goods in accordance with the instructions contained therein.
Step 3: Ensure your Goods are in a securely wrapped parcel and place a returns address label on the parcel.
Step 4: Take the parcel (with enclosed return form) and the dispatch note to the Post Office or other courier depot.
Step 5: Request that the Post Office clerk or courier stamps your dispatch note with proof of posting. We advise you to return goods using a trackable service such as Royal Mail Recorded Delivery as the Seller cannot accept any responsibility for items lost during the return process.
Step 6: Retain your dispatch note with proof of posting until you have received your refund.
Once you decide to return the Goods you must not use them and must take reasonable care of them while they remain in your possession. The Goods must be returned intact, undamaged as soon as reasonably possible.
You will be responsible for all of the costs associated with returning any Goods to the Seller, unless the Goods are faulty or not as described in the Marketplace, in which case the Seller will be responsible for the costs.
d. When will I receive my refund?
Each Seller or presiding banking institution or payment gateway on that Seller’s behalf will refund to the payment card the price paid for the Goods upon acceptance the return, less any agreed costs, this will normally be refunded to you in five working days of an item being received by the Seller.
Fees and charges for online Goods will be refunded by the Seller, but refunds of delivery charges are limited to the amount of the least expensive common and generally accepted kind of delivery offered by the Seller.
Part 4 – Disputes Procedure
If you have a dispute with regards to any Order, in the first instance you should contact the Seller directly to try to resolve any issues. If you are unable to settle your dispute with the Seller, you have 45 days from the date of the transaction to register your dispute with PayPal via their Resolution Centre.
Nothing under these terms and conditions affects your statutory rights.
Part 5 – Disclaimer of warranties and limitations of liability
To the fullest extent possible under applicable law, Johnston Publishing Ltd disclaims any and all warranties of any kind whether expressed or implied, in relation to its website, goods and services. This does not affect your statutory rights in relation to faulty or damaged products or your contract cancellation rights.
Johnston Publishing Ltd will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation and any special or indirect losses suffered or incurred arising out of or in connection with the provisions of any matter under these terms and conditions.
Nothing in these terms and conditions will limit the liability of Johnston Publishing Ltd for death or personal injury resulting from its negligence or that of its servants, agents and employees.
Johnston Publishing Ltd does not guarantee continuous, uninterrupted access to the Marketplace, and operation of the Marketplace may be interfered with by numerous factors outside Johnston Publishing Ltd's control.
Johnston Publishing Ltd does not endorse, nor makes any warranty as to the accuracy, suitability, completeness, reliability or continuous supply of any information or content supplied on this website.
Nothing under these terms and conditions affects your statutory rights.
b. Limitation of liability
Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation, which cannot lawfully be excluded or limited.
You acknowledge that Johnston Publishing Ltd has no control over any content supplied by third parties including the Sellers which can be accessed via this site. Johnston Publishing Ltd excludes all liability relating to the value and integrity of such third-party products and services.
SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MARKETPLACE AND ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES (OR LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MARKETPLACE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY (SEVERALLY AND NOT JOINTLY) TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY GOODS.
Part 6 – General terms relating to each Seller’s relationship with you
Sellers will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of their reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
The name TMX and Johnston Publishing Ltd and all TMX and Johnston Publishing Ltd logos, slogans, programme names and designs are the trade marks, service marks, trade names and design rights of TMX and cannot be reproduced without the prior written consent of Johnston Publishing Ltd or its licensors. Where the names, logos and trademarks of third parties are displayed these are used with the permission of the owners. Copyright in the material contained on this website is owned by Johnston Publishing Ltd or its content suppliers or licensors, as applicable.
Nothing contained herein shall be construed as conferring any licence by Johnston Publishing Ltd to use any material displayed. Permission to reproduce any material on this website must be obtained from the copyright holder concerned.
All notices which Johnston Publishing Ltd and/or the Sellers need to give to you under these Terms and Conditions will be sent by Johnston Publishing Ltd and/or the Sellers to your registered e-mail address.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
These Terms and Conditions shall be governed by the laws of England and Wales, and you and each Seller agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes or any matter arising out of your use of this website.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
If you have any questions or concerns regarding these Terms and Conditions, please contact the Marketplace by sending an e-mail to firstname.lastname@example.org