Casa Ethica's Terms & Conditions

Terms of Use for Sellers & Buyers

Welcome to Casa Ethica. We hope you enjoy yourself here, our house is your house, and we have a few house rules that we all agree to abide by.

Casa Ethica is a marketplace platform for people/businesses to sell to buyers. The legal contract for the purposes of any transaction between a buyer and a seller rests with the buyer and the seller and not Casa Ethica

As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual seller (“Seller”) on their casethica.com home or product pages before making any order.

All our Terms & Conditions comply with UK Consumer’s Rights laws and Distance Selling Guidelines.

Acceptance of Terms

This contract sets out your rights and responsibilities when you use casathica.com, so please read carefully. By using the casaethica.com website [“Casa Ethica Ltd”] (even just browsing) and all sub-domains, which are a service of Casa Ethica you are agreeing to be bound by the following terms and conditions [the Terms of Use” or “The Agreement”]. If you don’t agree with the Terms, you may not use our Services. That ok? Perfect! Please read on.

Casa Ethica may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Casa Ethica. Your continued use of casaethica.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended. This policy was published on 19th of October 2020 and updated on February 18th 2021.

About Us

The Services are operated by Casa Ethica Ltd (“we”). We are registered in Scotland under company number SC664791 and with our registered office address at Casa Ethica Ltd. 13 Hutcheon Gardens, Bridge of Don, Aberdeen, AB23 8HA.

General Terms

  1. You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Casa Ethica

2. If you register membership as a business [as a sole trader or partnership] on Casa Ethica you must guarantee that you personally have the authority of the business to agree to the terms of use.

3 Be honest. As an Ethical Marketplace, all information must be 100% accurate, both from buyers and sellers. 

4. These terms shall be governed by and interpreted in accordance with the law of Scotland.

5. 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. If you’re registering 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 your own password security.

6 Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Casa Ethica

Behaviour

1. You must not use Casa Ethica for any illegal or unauthorised purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content,

2. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.

3. You must not threaten, intimidate, harass or otherwise abuse any other Casa Ethica user.

4. You are responsible for maintaining that the content you submit is your own and is not owned by others.

5. You are solely responsible for your behaviour and conduct on Casa Ethica including use of all content and data, images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the Casa Ethica website.

6. You must not modify, adapt or ‘hack’ Casa Ethica or seek to create another website or communication to users that implies it is associated to Casa Ethica.

7. You must not produce unwanted communications [spam] to other users of Casa Ethica. 

8. You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of the Casa Ethica site or that is in any way destructive.

Liability

  1. Under no circumstances will Casa Ethica be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Casa Ethica regardless of the form of action.

Goods for Sale, Ethically Made

1. If you seek to sell products then all goods sold as “ethically made” must be deemed not to have been produced through “unethical production” methods and must be originally designed.

2. Casa Ethica aims to promote, support and sell items from Ethical brands & Individual Craftspeople. Your company must be transparent in it’s manufacturing process and be paying Fair Wages equal to or above the minimum wage of the country. Your company should be a purpose-based brand, and have respect for people and planet.

3. Your company must abide by the Modern Slavery Act, as do we.

4. The design of the item must be an original design, created by someone within your brand, or if you ar a sole trader, by you.

5. Bespoke Service: The service you offer allows the buyer to have specific aspects or make changes to it. Or it is a one-to-one service where you are able to cater to the requests of the buyer.

Specific examples of things you can’t sell on Casa Ethica:

We approve each Seller, who can upload as many products as thy wish, providing they are not on the below list.

1. Items which infringe copyright

2. Illegal or hazardous or dangerous Items

Items which have been gained illegally or which are stolen or for which it would be illegal to trade [e.g. drugs, items sold as toys without the necessary license, copyrighted work or reproductions of copyrighted work without permissions]. Hazardous or dangerous such as weapons, knives or chemicals are not allowed.

3. Alcohol- Alcoholic beverages (which, by law, require a license to sell) are not allowed to be listed or sold on Casa Ethica

4. Nicotine, E-cigarettes and E-liquids

Any products which contain nicotine are not allowed to be sold on Casa Ethica. Additionally we do not allow vaping equipment including e-cigarettes or e-liquids, whether or not they contain any nicotine.

Content and Copyright

1. You [“the user”] in using Casa Ethica allow Casa Ethica the right to re-use, edit, modify, re- purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Casa Ethica to use this content both on and offline.

2. You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).

3. You must not list prohibited items – for a list of such items please refer to Restricted items. Casa Ethica reserves the right to change this list at any time and without notice.

4. You must not copy, modify, or distribute Casa Ethica’s copyrighted works or trade marks, or other content from the Site, without our express consent.

5. Casa Ethica may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that Casa Ethica determines to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on Casa Ethica.

6. By submitting your content you grant Casa Ethica a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.].

  7. Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify Casa Ethica against all legal fees, damages and other expenses that may be incurred by Casa Ethica as a result of your breach of the above warranty.

Sales and Return

1. The sales contract is between each individual “seller” and the “buyer”. Casa Ethica provides a service to facilitate that contract but is not responsible for it or its fulfilment.

2. You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item.

3. You must post items purchased from you after receipt of payment in the time frame specified in the listing unless you cannot authenticate the buyer’s identity in which case you must notify Casa Ethica staff via email at shop@casaethica.com

  4. All sellers agree to abide by the Consumer Protection (Distance Selling) Regulations 2000 http://www.legislation.gov.uk/uksi/2000/2334/contents/made. This law protects the consumer when buying over the internet or by mail order.

5. Casa Ethica aims to make it easy for sellers to comply with the DSR and consumer law, however, all compliance is the responsibility of the seller.

Sellers must post items purchased within five working days of receiving payment unless otherwise clearly stated on the product description OR if the buyer’s identity and / or address cannot be

 authenticated, in which case sellers must notify Casa Ethica staff by emailing us at shop@casaethica.com

Buying

1. You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item.

2. Payment methods. Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make availlable. All prices shall be shown in £GBP payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currency displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. These delivery charges ae specific to each seller, not Casa Ethica.

3. Delivery arrangements. Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

4. Import regulations and duty. If you order goods from our Site for delivery outside the seller’s country, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Returns Policy

1. In using Casa Ethica, sellers agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to 14 days after receipt of the items and a full refund including the cost of the outgoing postage must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner.

2. Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage.

Please note: Unless faulty, the following types of items are non-refundable: items that are personalised, bespoke or made-to-order to your specific requirements; items which deteriorate quickly (e.g. food), personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken. And earrings or pierced jewellery.

Cancelling a transaction.

The buyer must inform the seller if they wish to cancel the order and they must do this in writing. Sellers must provide a full refund of the cost of the item and any postage costs within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. If the goods have not yet been sent, refunds must be provided within 14 days of receipt of the notification of cancellation.

Return of faulty goods.

The consumer has a right to return goods if they develop a fault within six months of receipt of the goods. Depending on the circumstances, they may be entitled to a refund (full or partial), a repair or replacement.

Lost items.

If the item is lost in transit then, unless proven otherwise, the seller should assume the contract is terminated and provide a refund or deliver the same item.

Refunds.

Refunds will be dealt with directly by Casa Ethica who will contact both the buyer and the seller to confirm.

Data and Privacy: Seller’s Accounts

1. You must be able to form a legally binding contract of sale to be a member of Casa Ethica. This restricts membership to those of 18 years of age.

2. You must pay for all shipping costs involved in returning a non-faulty item, including the original cost of shipping the item to you.

3. You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the Casa Ethica service.

4. You must not solicit for new business on Casa Ethica or use Casa Ethica to send unsolicited communications except to ask or inform others about Casa Ethica business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).

5. You must not collect information about users, including email addresses, without their express consent.

Changes to the Service

1. Casa Ethica retains the right to terminate or change the service for any reason at any time without notice.

2. Casa Ethica retains the right to modify the Terms of Use at any time. Casa Ethica will inform registered users by email and through the site blog and Facebook Community of any changes to the Terms of Use.

3. Casa Ethica retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.

 

Marketing and Linking

1. You shall not link out from Casa Ethica to your own shop or other selling platform. Casa Ethica is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms. We of course support your own site, but it is separate from Casa Ethica, and therefore not to be explicitly promoted on our platform.

Fees

There are no listing fees at Casa Ethica in Until Spring 2021

Listings do not have an end date so will run as long as you

wish them to.

  1. Subscription – Casa Ethica packages for 2020 are available to view at Casa Ethica. Payment amount is payable by a single debit payment/6 monthly/yearly/monthly direct debit and is non- refundable after you have listed an item or been listed in our Directory (i.e. once the service has commenced) or after 7 calendar days, whichever is soonest. Subscription packages are currently Free until May 31 2021 for Founding Members Our 2021 prices will be added to the website shortly and you are under no obligation to join.

2. On paying this amount you are entitled to list your items for sale in Casa Ethica, and have your items promoted via our social media.

You can cancel your subscription by giving Casa Ethica notice in writing via email 14 days prior to when you want your subscription to end. Payment will be taken to include the 14 days notice period.

3. Commission Fees

Commission amount is agreed based on the Package you sign up to [15% in to all 2021 Sellers. Sellers who joined in 2020 and uploaded 5 products within 72 hours, currently have a 10% commission fee]

4. Payment

Casa Ethica pay the amount due to each Seller on a monthly basis. Casa Ethica endeavor to make payment within the timeframe unless a holiday or bank holiday beyond our control. We are using a monthly automated payment and this aids us to ensure paymetns are completed to you. 

The Privacy Policy

Casa Ethica complies with the principles of the General Data Protection Regulation when dealing with all data received from visitors to the site. We only hold the data necessary to offer services provided on our website namely to allow users of the service to buy and sell and also message one another. We also keep user data to allow us to contact you in the advent of account withdrawal or new passwords being provided.

We only hold personal data for as long as necessary. Once data is no longer needed it is deleted from our files. If you delete your account then all your personal data will be deleted too.

We regularly email news and information updates to those customers who have specifically subscribed to our email service. We will never add you to our email service without express consent from you. All subscription emails sent by us contain clear information on how to unsubscribe from our email service.

     

We never sell, rent or exchange mailing lists.

We may however share commercial and technical data with our sellers where a customer has accessed and used our website. This data would not be personal data but would be anonymised [for example the kind of data you see in “Google Analytics”].

In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003 and General Data Protection Regulation, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.

All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.

Our website may use “cookies” to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay. For more details please see our Cookie Policy.

We’ve tried to abide by the policies set out by the Campaign for Plain English. Under the General Data Protection Regulation you can request information about the data we hold in relation to you. You can request to have any data relating to you, held by us, to be deleted. You can view our Privacy Policy here https://www.casaethica.com/privacy-policy/. If you have any questions relating to our Privacy Policy or would like to request information about the data we hold please contact us via email at legal@casaethica.com

  

Community Policy

This policy forms part of the Terms of Use for Casa Ethica and covers specific etiquette and behaviour on site and through the community spaces.

We want to encourage a positive and supportive community on Casa Ethica. Our online Casa Ethica Community is provided primarily for sellers to share information and resources to help them improve their work and sales.

In order to promote a healthy and supportive space for people to discuss relevant issues the following behaviour is not permitted:

1. No personal attacks

2. No “calling out” (identifying someone you are claiming to have breached the terms of use)

3. No personally identifying information that cannot be found publicly elsewhere

4. No racist, sexist or hateful content

5. No spam or promotion of other competitor services

6. No vulgarity

7. No “trolling” (inflammatory or off-topic messages )

8. No defamation of others

9. No bringing Casa Ethica into disrepute

If anyone is found to be behaving in ways described above their account may be suspended or deleted and their content removed.

Legal Information: what sellers need to comply with

Casa Ethica is a platform for people/businesses to sell to buyers. The legal contract for the purposes of any transaction between a buyer and a seller rests with the buyer and the seller and not Casa Ethica

   

Key things you need to know and do as a seller to comply with UK law: 

Compliance with Distance Selling Regulations.

One of the key requirements for sellers is set out in the European Distance Selling Regulations (sometimes called the DSRs for short) set out the legal requirements for selling online. As a Seller on Casa Ethica you are legally bound by these regulations and form part of the legal rights on the consumer.

You need to provide:

  • Delivery details. The standard postage terms for Casa Ethica are 5 days. If your item is not able to be posted in 5 days then you must state when it will be posted – this should be in the item description.

As a seller on Casa Ethica you agree to comply with relevant UK law by:

  • Stating your business address (even if this is your home address). This information is provided in the email to the buyer so you should make sure you have added your address on your shop set up / edit screen (via your dashboard). The buyer has a legal right to this information and it is not optional. If you don’t provide it you are trading illegally.
  • Cancellation of the transactions. The buyer must inform you if they wish to cancel the order and they must do this in writing. Please contact the buyer to organise the return of the goods. Upon receipt of the returned goods, or evidence from the buyer that they have sent the goods back (whichever is soonest), a full refund of the cost of the item and any postage costs must be provided within 14 days. You have a right to deduct monies from refunds where goods “show signs of unreasonable use leading to diminished value”. You cannot usually deduct for removal of packaging to inspect the item, but you can deduct for damage or wear and tear where the item has not just been checked but used. Custom orders are exempt from cancellation unless faulty. All refunds will be administered through Casa Ethica who will contact both the seller and buyer directly.
  • Returns policy for goods that are not faulty. In using Casa Ethica you agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to 14 days after receipt of the items and a refund must be made within 14 days of you receiving the returned goods, or proof of the buyer has sent the goods back (whichever is soonest). The buyer pays for the cost of return postage. Custom orders are exempt from cancellation unless faulty.
  • Returns policy for faulty goods. The consumer has a right to return goods if they develop a fault up to six months after receipt of the goods. Depending on the circumstances, the buyer may be entitled to a free repair, replacement or a full or partial refund.
  • If the item is lost in transit then, unless you can prove otherwise, you assume the contract is terminated and you must provide a refund or deliver the same item.

Further information

• Distance Selling Regulations

• DTI: A Guide for Business on Distance Selling (PDF)

• Citizens Advice Bureau on Consumer Rights Act 2015

   

Further help

The best source of advice is your local Trading Standards Service which can be contacted through the Trading Standards website.

2. Regulation around certain types of goods

All And so to Shop sellers must comply with UK product legislation, including the following:

 

• The General Product Safety Regulations

• The Toy Safety Regulations

• The EU Regulation 1223/2009 (Cosmetics Regulation)

• The Furniture and Furnishings Fire Safety Regulations

• The Hallmark Act 1973

• The Nickel in Jewellery Regulations

• The Food Imitation Safety Regulations

• The Food Hygiene Regulations

• EU Regulation 1223/2009 (Cosmetics Regulation)

• The Cosmetics Products (Safety) Regulations 2008

• The Toys (Safety) Regulations 1995

• Toy Manufacturers and their responsibilities

• Food Standards Agency

• Food Hygiene – A Guide for Businesses

        

In all cases you should make sure your work complies with the above legislation. If in doubt contact your local trading standards office.

You can find more information on your legal responsibilities as a seller and manufacturer here www.gov.uk/guidance/product-safety-for-manufacturers

3. Marketing information and personal data

In using Casa Ethica you agree not to contact your buyers unless they have opted-in to any further communication (through any channel – phone, mail or electronic) or if you need to clarify an order.

If you break the above terms outlined in this document, then your account will be suspended and possibly terminated. Casa Ethica seeks to promote legal activity and well behaved conduct on its site however, you understand and agree in using the site that Casa Ethica is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the Casa Ethica service at your own risk.

If you have any questions relating to our Terms of Use or suggestions on how to improve them please contact us via email at shop@casaethica.com