Terms and conditions

Ethical State Terms of Use for Buyers

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

1) Basis of Terms

a) The Terms are a legally binding contract between you as a buyer of products through Ethical State or a user of the Ethical State website (‘you’ or a ‘Buyer) and Ethical State Ltd Company Number 12864873 registered office Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX (‘Ethical State’ or ‘we’)
b) 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 (which include browsing our website) you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
c) Ethical State acts as an agent for Sellers with a store on Ethical State and your contract is with that Seller as regards the product quality, delivery and the returns process and for the contractual relationship of buyer and seller with your customers.
d) The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

2) Privacy

a) 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.
b) 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.
c) Ethical State may share your personal or transactional information with third-party service providers for purposes related to payments processing.

3) Buyer Accounts with Ethical State

a) 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.
b) 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.

c) 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
d) 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.
e) 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.
f) You will comply with the law and with our Policies posted onEthicalState.com from time to time.

4) Seller Content

a) Content that you post using our Services is “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (pictures, reviews, comments, videos, usernames, etc.).
b) You understand that you are solely responsible for Your 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.
c) By posting Your 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 Your Content. This allows us to provide the Services and to promote Ethical State 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 Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
d) Ethical State has the right to remove infringing content from the Services. If Your 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.
e) You agree that you will not post any content that is abusive, threatening, defamatory, discriminatory, contains hate-speech, is  obscene, vulgar, or otherwise offensive or in violation of our Policies
f) You agree to  follow our Policies on images and other Seller Content
g) You agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
h) 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.
i) You are solely responsible for securing and backing up your content.

5) Use of Our Services

a) 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:
b) 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.
c) You are responsible for paying all payments due by you to Ethical State. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases you make through our Services.
d) 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.
e) 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.

6) Charges and payment

a) 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.   
b) 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.
c) You may only use those payment services if you are over 18 years of age
d) Ethical State has engaged third part service providers to perform many of its services related to payments processing including.
e) 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.
f) We may refuse service of our payments services to anyone, for any reason, at any time.
g) 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

7) Intellectual Property

a) You acknowledge and agree that Ethical State owns all intellectual property rights in the Services.
b) 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.
c) Any unsolicited ideas or other materials you submit to Ethical State 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.

8) Communication

a) 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.

9) Termination

a) 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 Your Content that you posted through the Services prior to termination.
b) 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, 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.
c) 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
d) You acknowledge that if you or Ethical State terminates your account, you may lose any information associated with your account.
e) 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.

10) Dealing with a Seller

a) As a buyer you 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.
b) Deliveries:
– Sellers will be responsible for delivering their products to you as a customer of their shop direct and for all the terms of delivery including cost.
– Where there are carbon-offsetting options it will be between you and your seller and we will have no responsibility to you in this regard
– Ethical State will have no liability regarding delivery of any products – this is a matter between you and your seller
c) All customer queries and questions will be handled by us. If your seller or you are unable to complete a transaction or resolve any dispute or request, you should notify us via info@ethicalstate.com. All cancellations are subject to our Cancellation Policy at clause 6 above.

11) Warranties and Limitation of Liability

a) You understand that Ethical State does not manufacture, store, or inspect any of the items sold through our Services. We provide the marketplaces and all products are produced, listed, and sold directly by independent sellers, so we do not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Ethical Sates from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
b) You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Ethical State is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
c) You will indemnify Ethical State its employees and authorised agents from any liability or claims related to your use (or misuse) of our Services, your breach of the Terms, or you or your infringement of someone else’s rights.
d) 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;
e) 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.
f) While we use reasonable skill and care in the provision of the Services we do not guarantee that:
– the services will be secure or available at any particular time or location;
– any defects or errors will be corrected;
– the services will be free of viruses or other harmful materials; or
– the results of using the services will meet your expectations;
– you use the services solely at your own risk.
g) Nothing in this agreement excludes our liability:
– for death or personal injury caused by our negligence; or
– for fraud or fraudulent misrepresentation.
h) 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.

12) Dispute Resolution

a) 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
b) 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)

13) General

a) 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.
b) 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.
c) We may assign any of our rights and obligations under the Terms.