Sellers Terms and Conditions

Ethical State Terms of Use for Sellers

This document and the other documents that we refer to below are our Terms of Use (the “Terms”).

  1. Basis of Terms
    1. The Terms are a legally binding contract between you as a seller of products through Ethical State (‘you’ or a ‘Seller’) and Ethical State Ltd Company Number 12864873 registered office Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX (‘Ethical State’ or ‘we’)
    1. This contract sets out your rights and responsibilities when you use Ethical State.com or any mobile apps we offer from time to time, and the other services provided by Ethical State (our “Services”). By using any of our Services you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
    1. As a Seller on Ethical State we act as your agent, you are therefore responsible for the product quality, delivery and the returns process and for the contractual relationship of buyer and seller with your customers. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Ethical State.
    1. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
  • Privacy
    • By using our Services, you also agreeing that we can process information in the ways set out in our Privacy Policy and our Cookies Policy.
    • Both Ethical State and Sellers process user’s personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Ethical State, will be responsible for that unauthorised disclosure.  You will indemnify us for any liability regarding disclosure of information caused by you.
  • Sellers Accounts with Ethical State
    • Once you have agreed to our terms, you will be able to create your account and have access to your personal and secure portal where you can upload your products, descriptions and prices.
    • You must follow these rules:-
      • You must be 18 years or older to be a Seller on Ethical State
      • All information you provide us with must be accurate and truthful
      • You may not use language that is offensive, vulgar, infringes someone else’s intellectual property rights, or otherwise violates the Terms.
    • It is your responsibility to keep your account secure by password protection.  We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@ethicalstate.com.
    • You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. As a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
    • You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
    • You will comply with the law and with our Policies provided to or posted on EthicalState.com including (but not limited to):-
      • Anti Bribery and Anti Corruption
      • Anti-Slavery / child labour
      • Ethical Sourcing
      • Ethical Employment
  • Seller Content
    • Content that you post using our Services is Seller Content (“Seller Content”). We don’t make any claim to it, which includes anything you post using our Services (shop names, pictures, listing photos, descriptions, reviews, comments, videos, usernames, etc.).
    • You understand that you are solely responsible for Seller Content. You represent that you have all necessary rights to Seller Content and that you’re not infringing or violating any third party’s rights by posting it.
    • By posting Seller Content, you grant Ethical State a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Seller Content. This allows us to provide the Services and to promote Ethical State, your Ethical State shop, or the Services in general, in any formats and through any channels, including across any Ethical State Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Seller Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Seller Content contains any personal information.
    • Ethical State has the right to remove infringing content from the Services. If Seller Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if that happens.
    • You agree that you will not post any content that is abusive, threatening, defamatory, discriminatory, contains hate-speech, or is obscene, vulgar, or otherwise offensive or in violation of our Policies.
    • You agree to  follow our Policies on images and other Seller Content
    • You agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
    • You must not establish a link on our site to any website that is not owned by you and may only establish such a link if your website complies with our content standards.  We reserve the right to withdraw linking permission without notice.
    • You are solely responsible for securing and backing up your content.
  • Use of Our Services
    • We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
    • You agree that you will not break any laws in connection with your use of the Services. It is your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law.
    • You are responsible for paying all fees that you owe to Ethical State. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services
    • You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services and not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
    • Our Services may contain links to third-party websites or services that (e.g. Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (e.g. a compatible mobile device). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Ethical State is not a party to those agreements; they are solely between you and the third party. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • Charges and payment
    • You will pay the Fees and Commission set out in our fees and commission schedule below.
    • We can use our own commission to lower the prices of your products with a view to trying to create a higher volume of sales. 
    • We will deduct fees and commissions from amounts received from your customers and remit the balance to you.  You will receive your sale value and delivery fee, less any returns, minus our commission rate.
    • We reserve the right to refund buyers and recoup such refunded amounts from the seller where the seller has been refused service by Ethical State in accordance with our Terms of Use and/or, in circumstances where the seller has unfulfilled or overdue orders.
    • Payment services:
      • Ethical State allows sellers to accept payment by debit and credit card transactions, some bank transfer services and Klarna where and when available.  You will be subject to the terms and conditions applicable to Klarna in respect of any Klarna payment.  
      • Funds are deposited into an account with Ethical State and then can be deposited in a Seller’s account.  We reserve the right to add or remove any payment method.
      • Ethical State has engaged third part service providers to perform many of its services related to payments processing including.
      • Ethical State’s payment functions may be made available, modified or discontinued at any time and may be subject to conditions such as transaction size limitations.  We reserve the right to refund or decline transactions we believe to be high risk, fraudulent in violation of law or regulation or in violation of any of our terms of use or policies.
      • Sellers may only use our payment services for the sale of items listed on Ethical State, and agree to dispatch sold items once a payment transaction is complete and reflected in their payment account. We reserve the right to terminate a seller’s access to our payment services if you use the in any other manner.
      • We may refuse service of our payments services to anyone, for any reason, at any time.
      • Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on Ethical State. In the event that a dispute is escalated to our Support Team, we reserve the right to issue a refund to a buyer and recoup such funds from the seller if a transaction is found to be in violation of Ethical State policies.
      • In the event that a buyer submits a chargeback, we will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. We reserves the right to recoup funds associated with buyer charge-backs from the seller.
      • Each seller appoints Ethical State as its agent for the limited purpose of receiving, holding and settling payments to seller. We will settle payments that are actually received by us to each seller, less any amounts owed to us and subject to these Terms. Each seller agrees that a buyer payment received by Ethical State, on behalf of seller, satisfies the buyer’s obligations to make payment to seller, regardless of whether we actually settles such payment to seller. If we do not settle any such payments as described in these Terms to a seller, such seller will have recourse only against Ethical State and not the buyer
    • Cancellation policy: A seller may cancel a transaction under the following circumstances
      • The buyer did not pay.
      • Both the buyer and seller agree to cancel the transaction before dispatch, and the seller has issued the buyer a full refund.
      • The seller has decided to refuse service to the buyer, and if the buyer has already paid, the seller has issued a full refund, including postage.
      • The buyer did not receive the item(s) ordered, even though the seller has provided proof of dispatch, and the seller has issued a refund for the item.
      • The buyer and seller agreed that the buyer could return the item to the seller for a refund. The seller has received the returned item and issued a refund to the buyer for the item.
  • Intellectual Property
    • The Seller acknowledges and agrees that Ethical State owns all intellectual property rights in the Services.
    • The name “Ethical State” and the other Ethical State marks, phrases, logos, and designs that we use in connection with our Services (the Ethical State Trademarks), are trademarks, service marks, or trade dress of Ethical State in England and Wales and other countries. We grant you a non-exclusive right to use the Ethical State Trade Marks in the promotion, advertisement and sale of your products through us.  You acknowledge and agree that all rights in the Ethical State Trade Marks shall remain with us.
    • Any unsolicited ideas or other materials you submit to Ethical State (not including Seller Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  • Communication
    • We and you agree that information can be sent electronically (such as by email) instead of by paper copies and that electronic agreement is the same as signature on paper.
  • Termination
    • You may terminate your account with Ethical State at any time by email to us at info@ethicalstate.com on not less than the notice specified in your Commission and Charges Schedule. Terminating your account will not affect the availability of some of Seller Content that you posted through the Services prior to termination.
    • We may terminate or suspend your account (and any accounts Ethical State determines are related to your account) and your access to the Services should we have reason to believe you, Seller Content, or your use of the Services violate our Terms. Ethical State will aim to notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
    • Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced
    • You acknowledge that if you or Ethical State terminates your account, you may lose any information associated with your account, including Seller Content.
    • Ethical State reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in Ethical State’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
  1. Dealing with your Customers
    1. If you are unable to complete a transaction, you must notify us via info@ethicalstate.com and we will notify your customer  and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy as set out in clause 6 above.
    1. Buyers may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by country. The right of withdrawal may not apply to certain items like custom items or perishable goods. Rights with respect to digital items vary by country. You agree to comply with any Right of Withdrawal.
    1. You will also ensure you comply with local laws surrounding delivery, cancellations, returns and exchanges applicable to any of your customers.
    1. Deliveries:
      1.  Sellers will be responsible for delivering their products to customers of their shop direct and for all costs and expenses incurred in arranging such delivery.
      1. Deliveries will be charged by us to your customers at the rates and on the basis set out in your commission and fees schedule
      1.  Where there are carbon-offsetting options it will be the customer’s decision to pay for this option and not ours or yours and we will have no responsibility to you in this regard
    1. Returns:
      1. You will have to take responsibility for the returns of your products as set out in your Fees and Commission Schedule. Returns will go through us and be passed onto you to handle. This is so that we can keep a log of any returns and to ensure we pay the correct amount to the Customer and your commission to you. If a return request is made, you will inspect the product and determine if a return/exchange is approved then letting us know of your decision.
      1. If the requested refund is due to a shipping error or damage product, you the seller will be responsible for the cost of returning the product. In all other cases, the customer will be responsible for the cost, unless you offer free returns as standard.
    1. All customer queries and questions will be handled by us. Should there be any questions we’re unable to answer on your behalf, we will reach out to you for assistance on the matter.  You will respond promptly to any enquiry or request for assistance.
  1. Warranties and Limitation of Liability
    1. You will indemnify Ethical State its employees and authorised agents from any liability or claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (including e.g. product liability claims) and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
    1. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by you or any actions taken by us at your direction;
    1. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
    1. the Services are provided to the Seller on an “as is” basis.
    1. While we use reasonable skill and care in the provision of the Services we do not guarantee that:
      1. the services will be secure or available at any particular time or location;
      1. any defects or errors will be corrected;
      1. the services will be free of viruses or other harmful materials; or
      1. the results of using the services will meet your expectations;

 you use the services solely at your own risk.

  • Nothing in this agreement excludes our liability:
    • for death or personal injury caused by our negligence; or
    • for fraud or fraudulent misrepresentation.
    • Subject to clause 10(g) we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
  1. Dispute Resolution
    1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales
    1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims)
  1. General
    1. We may update these Terms from time to time.  Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
    1. The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Ethical State regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
    1. We may assign any of our rights and obligations under the Terms.