Terms for buying and selling
In the terms set out below, the following definitions shall apply:
the mobile application operated by us to compliment and run alongside the Site
that person (including a corporate body) who enters into a contract for the sale and purchase of a Product
that product which is listed for sale on our site or App by a Seller
that person (including a corporate body) who lists a Product for sale on our site or App
THE BUYING AND SELLING PROCESS
All Products must conform to our Products Rules which can be found at www.mytot.co/product-rules.
The Buyer must select the Products that he or she wishes to purchase within the App, then proceed to tap the big red buy button which takes you to the “order summary” screen. You will then confirm the details and select continue. Add or select your existing address and follow the PayPal instructions to the checkout.
If the Buyer is a new user, he or she must create an account on the App;
Once the Buyer is logged in, he or she must follow the buying process above and confirm the order and his or her consent to these terms and conditions, Mom Trading Group Limited’s (our/we/us) policies and the applicable terms and conditions of sale entered into between the Buyer and Seller.
The Buyer will be transferred to the website of the appointed payment service provider (PayPal), who will handle the Buyer’s payment to the Seller; Buyers must submit payment in full via PayPal.
PayPal will then send to the Buyer an automatically generated acknowledgement of payment;
WHEN A CONTRACT BETWEEN A BUYER AND A SELLER IS CREATED
By listing a Product on our App a Seller is offering that Product for sale to prospective Buyers.
A contract between a Buyer and a Seller for the purchase of a Product(s) will come into existence when the Buyer has successfully travelled through the online checkout procedure and paid for the Product; formation occurs at the time that PayPal acknowledges of receipt of payment for the Product by E-mail (such e mail will be sent to the Buyer the Seller and us.
When the contract is formed the Seller is committing to sell and deliver the Product to the Buyer. If for any reason a Seller is unable to sell the Product to the Buyer it must immediately inform the Buyer and immediately refund the purchase price of the Product in full (including and delivery costs).
TERMS AND CONDITIONS OF SALE
Sellers must post on our App the terms upon which a Product is to be sold. These terms will be incorporated into the contract between the Buyer and the Seller.
Sellers must include the following:
When the contract is formed the Buyer and the Seller each will receive an e-mail containing the following:
Both Buyers and Sellers undertake to comply with those terms and conditions agreed between them for the sale and purchase of Products.
DISTANCE CONTRACTS: CANCELLATION RIGHT
This paragraph applies where:
A Buyer may withdraw an offer to enter into a contract with a Seller through our App, or cancel a contract entered into with a Seller through our App (without giving any reason for the withdrawal or cancellation) at any time within the period:
if the contract is for delivery of multiple goods, 14 days after the day on which the last of those goods, comes into the Buyer’s physical possession or the physical possession of a period identified by the Buyer to take possession of them).
To withdraw an offer to contract or cancel a contract the Buyer must inform the Seller of the Buyer’s decision to withdraw or cancel (as the case may be). This may be achieved by the Buyer writing to the Seller, or notifying the Seller by email or through PayPal that it wishes to cancel its contract with the Buyer.
To meet the cancellation deadline, it is sufficient for the Buyer notify the Seller of its intention to cancel before the cancellation period has expired.
If a contract is cancelled by a Buyer then:
The Buyer will not have any right to cancel a contract insofar as a contract relates to:
All Buyers and Sellers acknowledge that:
PRODUCT INFORMATION USAGE
By uploading your Product to our App, you give permission for the product image and any associated information to be used for:
YOUR RIGHT TO USE THE SERVICE
The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the myTOT application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service