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:
the price of the Products (including VAT if appropriate)
a full description of the Products(s) including (where appropriate) any defects. All Products must be fit for their purpose and be of satisfactory quality
delivery costs (including packaging) and options
an estimated time for delivery (this must at least be within 30 days of the date that the contract is formed (see when a contract between the Buyer and the Seller is created (above))
When the contract is formed the Buyer and the Seller each will receive an e-mail containing the following:
Name and address of the other party
Delivery and returns instructions (as appropriate)
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:
The Seller is a trader (i.e. acting in the for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf); and
the Buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).
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:
beginning on the date when the Buyer submits its offer to purchase a Product (i.e. by clicking accept to purchase a Product on our App); and
ending at the end of 14 days after the day on which the goods come into the Buyer’s physical possession or the physical possession of a person identified by the Buyer to take possession of them
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 must send the Products back to the Seller (to the address specified by the Seller or hand them over to the Seller or a person authorised by the Seller to receive them;
the Buyer must comply with its obligation to return the Product not later than 14 days after the day on which the Buyer informs the Seller of the decision to cancel the contract. The Buyer must pay the direct cost of returning the Products unless agreed otherwise with the Seller; the Seller must refund the full amount paid by the Buyer for the Product(s) including the costs of delivery to the Buyer, except where the Buyer choses a delivery method which is not the least expensive; in these circumstances the Seller is only obliged to refund that amount which is applicable to the least expensive method of delivery;
the Seller may reduce the amount of the refund (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by the Buyer’s handling of them in a way which would not be permitted in a shop. If a refund has been made before the Seller has been able to inspect the Products and later discovers that the Buyer had handled them in an unacceptable way, the Buyer must pay an appropriate amount to the Seller
Unless the Seller has offered to collect the Products, refunds will be made within the period of 14 days after the day on which the Seller receive the returned Products or (if earlier) after the day on which the Buyer supplies to the Seller evidence of having sent the products back;
If the Seller has not sent the Products at the time of withdrawal or cancellation or has offered to collect the Products, the Seller will process a refund due to the Buyer without undue delay and, in any case, within the period of 14 days after the day on which the Seller is informed of the withdrawal or cancellation.
refunds will be made by the method used to pay for the Products;
The Buyer will not have any right to cancel a contract insofar as a contract relates to:
the supply of goods which are liable to deteriorate or expire rapidly;
the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the Buyer, or goods that are clearly personalised;
the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the Buyer; and
the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
All Buyers and Sellers acknowledge that:
we do not confirm the identity of app users, check their credit worthiness, or otherwise vet them;
we only undertake period and random checks of the information that is posted to our site, therefore do not check, audit or monitor the information contained in all listings;
we are not party to any contract for the sale or purchase of Products advertised on our site or App;
we are not involved in any transaction between a Buyer and a Seller in any way, save that we facilitate a marketplace for Buyers and Sellers;
we are not the agents for any Buyer or Seller;
we will have no obligation to mediate between the Buyer and the Seller in any dealings between them;
we will not be liable to any person in relation to the offer for sale or sale or purchase of any Products; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Products.
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:
Dynamic digital advertisements served on social media, app stores and third party websites
Any other digital marketing activity including but not limited to; paid or organic social media posts and email marketing
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
Rules of Acceptable Use
1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
3. Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 8(3).
4. When using the Service you must not:
1. Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
2. Give any false or misleading information in your Account details.
3. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
4. Use the Service if we have suspended or banned you from using it.
5. Send junk, spam or repetitive messages.
6. Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
7. Modify, interfere, intercept, disrupt or hack the Service.
8. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
9. Collect any data from the Service other than in accordance with these Terms of Service.
10. Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as MyTOT may decide in its absolute discretion.
11. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
12. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
13. Offer to sell or buy any of the items we list as prohibited items – items – MyTOT has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
14. Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than PayPal or Stripe (if applicable) available through the Service.
15. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.
16. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
17. Mine data, screen scrape or crawl any part of the Service.
18. Disassemble, decompile or reverse engineer any part of the Service.
19. Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of myTOT.
20. Circumvent any technical measures implemented to protect or provide the Service.
21. Use any third party’s PayPal account unless you have express permission from them to do so.
22. Use the service to drop ship.
5. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
1. immediate, temporary or permanent withdrawal of your right to use our Service;
2. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
3. issuing of a warning to you;
4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
If you come across activities that do not adhere to the above, please contact [email protected] as soon as possible. All reports will be reviewed and managed under 24 hours.
How do I block another user?
If there are inappropriate comments on your listings or messages, get rid of them by:
Emailing [email protected] as soon as possible, like wise if you would like to block a the user altogether,
just email us as soon as the incident occurs.
In the Loop
YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include stolen or counterfeit goods or goods that are illegal to sell; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
Listing prices are determined by many factors, including the estimated retail price, brand, seasonality, and quality of each item. myTOT reserve the rights to set the listing price.
INSTET PAYOUT ESTIMATOR:
Your item will be listed on the site and available for you to adjust the listing price again unless it is reserved in someone’s cart or sells. You may not, at any time, increase the price more than 80% of the estimated retail price set by myTOT.
Any adjustments made to the listing price (e.g. sold within the bidding window, you change the listing price, etc) may affect the payout amount you receive if your item sells.
Consignment In the loop kits. Once your item is sold and the buyer keeps the item beyond the eligible return period, you’ll receive your payout in your account. Your payout will be based on the final selling price excluding multiple distribution center fees buyers may incur. You may cash out as soon as the 7-day return window has passed. However, if the item is returned, your consignment window will start where it left off so that your item has more time to sell, and you will be paid out as soon as the item sells for the second time.
Payouts may be adjusted accordingly if your item is bid on or purchased using a discount offer. Payout calculations may be subject to change from time to time without notice.
If you are supplying items to myTOT through one of our partnerships and your items meet our acceptance standards, you will receive your payout in accordance with the terms of the relevant partnership.
ITEMS LISTED ON THIRD-PARTY PLATFORMS
myTOT reserves the right to list and sell any items on third-party platforms (including online auctions, omnichannel retail partners and other relevant distribution channels). Any seller payouts for items sold on third-party platforms will be consistent with our published payout schedule regardless of whether any additional fees are charged to the end buyer.
In no event shall we be liable for any claims, penalties, loss, damage or expenses, howsoever arising, out of or in connection with your use of In The Loop, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss of data, loss arising from use or inability to use the Website, loss arising from any errors or omissions in the Website as a result of a breach of contract, negligence, delict. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence or for any liability which cannot be excluded or limited under applicable law.
RECLAIMING ACCEPTED ITEMS
You may reclaim an accepted item during the final seven days of the item’s listing window. If you do not reclaim an accepted item, the item becomes Property of myTOT.
DONATION IN THE LOOP BAGS
myTOT may offer you the option to elect to donate the contents of your In The Loop Bag to one of our designated active charity partners. By electing to donate to one of our active charity partners, you authorize myTOT and/or its affiliates to receive your donation on behalf of the charity partner. At its discretion, myTOT may elect to purchase the contents of your In The Loop Bag for a flat fee of £5 per bag from the charity partner. The charity partner will receive 100% of these proceeds. You will not receive a payout for items in your Donation In The Loop Bag.
myTOT will frequently update its charity partner relationships. myTOT reserves the right to assign your donation bag to any one of its then-current charity partners, in its discretion. For additional information on donations, please visit our Donations Page.
COUNTERFEIT AND STOLEN ITEMS
You acknowledge and understand that myTOT is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. myTOT fully cooperates with law enforcement and brands seeking to track down the source of counterfeit items.
You are responsible for ensuring the authenticity of all Property you provide to us. myTOT’s authentication process is proprietary and independent. If myTOT cannot verify the authenticity of an item in your In The Loop Bag or it does not otherwise meet our authenticity standards, we reserve the right in our sole discretion to refuse to accept the item. myTOT reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws. You acknowledge and agree that any item determined by myTOT to be counterfeit will not be returned to you and will be destroyed.
TITLE TO PROPERTY
Consignment In The Loop Bags. You will continue to own and have title to each item of Property that we have accepted until that item is “sold“. An accepted item will be considered sold when: (a) myTOT buys your item and (b) an item is sold by myTOT to a customer and not returned to myTOT within the then-current return window.
PAYOUT AND OTHER DISPUTES
If there is a dispute between you and myTOT, myTOT will have no obligation to pay any payout or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. myTOT may withhold any payout earnings due to you (including any due for sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to myTOT.
When an item is placed in a cart, the price is set and is not subject to an increase at that time. We price all items individually, so two items that look the same time might have slightly different prices.
Your payout will be 60% of the goods minus transaction fees.
If the consignment item does not sell within 84 days, you will have an additional 14 days to reclaim your item. If you do not reclaim your item within this period, it will be owned by myTOT.