Terms & Conditions
1.1 These terms of service apply to your use of our website, https://thesolesupplier.co.uk/ (the "Website") and our mobile application (the "App"), both as amended from time to time (together referred to as the "Sole Market") whether as a website visitor, seller or a buyer
1.2 BY USING OUR WEBSITE OR BY DOWNLOADING OUR APP, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF SERVICE IN FULL AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE OR DOWNLOAD OUR APP. WE WILL ALSO ASK YOU TO ACCEPT THESE TERMS WHEN REGISTERING FOR AN ACCOUNT AND/OR MAKING A PURCHASE THROUGH THE SOLE MARKET.
1.3 Every time you wish to use our Sole Market, please check these terms regularly to ensure that you understand the terms that apply at that time.
1.4 Amongst other things, these terms of service set out the terms and conditions under which you browse or buy products on our Sole Market and form the basis of the agreement between you and the seller of any product you buy on the Sole Market. In addition to these terms:
- where you sell a product through our Sole Market, the seller terms apply; and
1.5 These terms of service do not apply to your purchase of a product from a third-party website linked to via the Sole Market.
1.6 We reserve the right, from time to time, without prior notice, to:
- update and change the Sole Market, including any content we link to on our Sole Market as we see fit;
- stop providing the Sole Market, or features of the Sole Market, to you or to members generally or create usage limits for the Sole Market;
- permanently or temporarily terminate or suspend your access to the Sole Market, without liability, if in our sole determination you violate any provision of these terms of service.
2. About Sole Supplier
2.1 The Sole Market is owned and operated by The Sole Supplier Limited ("Sole" "Us" "We"). We are registered in England and Wales under company number 09098756 and have our registered office address at: Ckr House 70 East Hill, Dartford, Kent, DA1 1RZ. Our VAT number is 220675526.
2.2 We grant you the right to use our App and/or our Website, as permitted in these terms of service, which we may amend from time to time.
2.3 To contact us, please email email@example.com
3. Our Services
Sole as a Sole Market
3.1 We enable users of our Sole Market to buy and sell products. We do not sell any products directly ourselves. Note that if you buy a product on or through our Sole Market, the contract for sale is between the seller and the buyer, and Sole is not a party to that contract. We do not, at any time, have possession of the product(s).
3.2 In order to purchase a product, you must first register as a member of the Sole Market.
3.3 You can register by providing all information required or by signing in with your Facebook (or other social network) account details.
3.4 You will also be required to provide a payment method before you will be permitted to purchase any product. We do not store any information in relation to your payment method. This is processed and stored by the designated payment provider.
3.5 If you are considering buying a particular product, please read the description of the product carefully before placing your order. If you have any questions regarding the product you should raise this directly with us before you place your order. We will answer your query on behalf of the seller.
3.6 You acknowledge that once you place an order, you are making an irrevocable offer to purchase that product and are committing to pay the seller the amount shown in the purchase flow. See paragraph 4 below for payment and delivery information.
3.7 If the seller is unable to accept your order, we will inform you of this via email and will not charge you for the product. This might be because the product is no longer available, we have identified an error in the price or description of the product or because the seller is unable to meet a delivery deadline you have specified.
3.8 Otherwise, once you receive the email order confirmation from us, a binding contract of sale is formed between you and the seller.
Sole as an Affiliate Marketer
3.9 In addition to enabling you to purchase products from sellers on our Sole Market, we may also provide you with links to other third party websites where you will be able to purchase products that you are interested in, for which we receive affiliate marketing fees from the affiliate third party website(s) ("Third Party").
3.11 The affiliate payments we receive from Third Parties tend to take one of the following forms of payment:
- a payment each time you click through to a Third Party and purchase a product from their website; or
- payment for advertising on our Website and/or App, or other additional exposure that we may provide (such as within the emails to our customers), albeit if you do click one of our advertisements and make a purchase we may receive an affiliate payment from that sale, or other sales that you make on that website.
3.12 In each case the payment we receive may, or may not, be linked to the product that you originally clicked on our Website and/or App. For example, we may still receive an affiliate payment if you purchase a different product from the same site.
3.14 The links we provide to Third Parties should not be interpreted as approval by us of the linked websites or any of the information you may obtain from them. We have no control over the contents of those sites or resources. Purchases that you make from those Third Parties are from those sites and will be on their terms, not ours. For the avoidance of doubt, any returns that you would like to make should be to the retailer from whom you purchased the goods.
3.15 Product details may vary from retailer to retailer and country to country. The specifications shown on our Website and/or App are indicative only, and you should check the product details and specifications on the website that you make any purchase from, as well as ensuring that you carefully consider their purchase terms.
4. Payment and Delivery
4.1 Where you have ordered a product on the Sole Market, the terms of this paragraph 4 shall apply.
4.2 All prices include any applicable VAT.
4.3 The price of a product as stated on the Sole Market does not include delivery charges and/or other charges (such as customs charges or processing fees, if applicable). Any delivery charges or other charges will be made clear before the check-out process.
4.4 Payments for all products must be paid in Pound Sterling or such other currency as stated on our website from time to time. Payment will be taken when we send you an email order confirmation.
4.5 Our Sole Market sets out the method of payments that we are able to accept and the delivery options available to you.
5. Availability and Sole Market content
5.1 We do not guarantee that our Sole Market, or any content on our Sole Market, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all, or any part of, or item upon, our Sole Market for business or operational reasons. Our Sole Market may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party failures. We cannot predict or control when such downtime may occur nor control the duration of such downtime.
5.2 You are also responsible for ensuring that all persons who access our Sole Market through your internet connection are aware of these terms of service and that they comply with them.
5.3 The content on our Sole Market is provided for general information only. It is not intended to amount to advice on which you should rely. Any claims that are made in respect of any products on the Sole Market (including shoes) are claims which we have understood are made by the manufacturer or seller. Should you have any question about any of them you should contact either:
- the shop selling them, or the manufacturer, in respect of products sold via Third Parties; or
- us and we will liaise with the seller, in respect of products sold on the Sole Market.
5.4 Although we make reasonable efforts to update the information on our Sole Market, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sole Market is accurate, complete or up to date, or that any product may be available from any seller or Third Party. In particular, we are not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on our Sole Market.
5.5 Please note that the Sole Market may contain images of trainers that may vary slightly from the photos provided of them (in particular, in respect of the colour, which may differ slightly depending on the lighting). As we are not the seller of any products shown or linked to via the Sole Market, we have no control and do not give any commitment relating to the existence, quality, safety, truth or accuracy of any picture or description of the products, and we have no liability in this respect.
6. The App System Requirements and Updates
6.1 Where you are using the App, the ways in which you can use the App and related documentation may also be controlled by the relevant appstore's rules and policies (which may be Google or Apple) ("Appstore Rules"). In the event of any conflict or inconsistency between these terms of service and the Appstore Rules, the Appstore Rules shall prevail.
6.2 The App requires a compatible Apple iPhone, where the minimum OS is iOS 13.0.
6.3 We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
6.4 From time to time we may automatically update the App and change the service available on the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
6.5 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the services available on the App.
6.6 If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
7. Access Restrictions
7.1 In consideration of your access to and use of the Sole Market you agree that you will:
- comply with all applicable laws in relation to your use of the Sole Market;
- not act in any way that is or is likely to be unlawful or fraudulent, or has or is likely to have any unlawful or fraudulent purpose or effect;
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Sole Market in any form, in whole or in part to any person without prior written consent from us;
- not copy the Sole Market, except as part of the normal use of the Sole Market or where it is necessary for the purpose of back-up or operational security or as otherwise set out in these terms;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Sole Market nor permit the Sole Market or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Sole Market on devices as permitted in these terms;
- not use any robot, spider, scraper or other automated means to access our Sole Market for any purpose;
- not take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; and
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Sole Market nor attempt to do any such things, except to the extent that such actions cannot be prohibited under sections 50B and 296A of the Copyright, Designs and Patents Act 1988.
7.2 You must keep your account details safe. If you choose to register on the Sole Market, by providing us with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or allow a third party to access your account.
7.3 We have the right to disable any account connected to any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion:
- we believe that there may be suspicious activity on your account and/or in respect of any of your past purchases; or
- you have failed to comply with any of the provisions of these terms of service.
7.4 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org.
8. How you may use material on our Sole Market
8.1 We are the owner or the licensee of the Sole Market and all textual, graphical and other content appearing on the Sole Market. Those materials are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, the Sole Market or the content on the Sole Market other than the right to use them in accordance with these terms.
8.2 You may view, copy, print and use content contained on our Sole Market solely for your own personal use and provided that: (1) it is used for informational and non-commercial purposes only; (2) you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and (3) you must not use or copy any photographs, video or audio sequences or graphics separate from any accompanying text.
8.3 Our status and that of our identified contributors as the authors of content on our Sole Market must always be acknowledged.
8.4 If you print off, copy or download any part of our Sole Market in breach of these terms of service, your right to use our Sole Market will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. Linking to Our Website
9.1 You may link to our Website and/or App home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website and/or App in any website that is not owned by you. Our Website and/or App must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out below.
10. User-Generated Content
10.1 Our Sole Market may include information and materials uploaded by other users of the Sole Market. This information and these materials have not been verified or approved by us. The views expressed by other users on our Sole Market do not represent our views or values.
10.2 Whenever you make use of a feature that allows you to upload content to our Sole Market, you must ensure that your content:
- is accurate where it states facts, and genuinely held where it states opinions;
- complies with the law applicable in England and Wales and in any country from which it is posted;
- is not defamatory, likely to deceive any person, obscene, threatening, abusive, offensive, hateful or inflammatory;
- does not promote sexually explicit material, violence, discrimination, illegal activity;
- does not infringe any intellectual property right of another person;
- does not breach any legal duty owned to a third party, such as a duty of confidence;
- does not impersonate any person, or misrepresent your identity or affiliation with any person;
- does not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
- does not contain any advertising or promote any services or web links to other sites.
10.3 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our Sole Market if, in our opinion, your post does not comply with the content standards set out above.
10.4 Should you use our Sole Market to send any feedback, comments or enquiries, such as ideas, comments, suggestions or questions ("User Content"), such User Content shall be considered to be non-confidential and non-proprietary and you shall retain ownership rights in your content, but you hereby grant us a licence to reproduce, use, store, disclose and distribute and make available to third parties such User Content without limitation.
10.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sole Market constitutes a violation of their intellectual property rights, or of their right to privacy.
10.6 You are solely responsible for securing and backing up your content.
11. Our responsibility for loss or damage suffered by you
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11.2 We only provide our Sole Market for domestic and private use. You agree not to use our Sole Market for any commercial or business purposes, and subject to paragraph 11.1, Sole shall not be liable under or in connection with these terms of service whether in contract or tort (including negligence) or otherwise for any (a) damage to software, (b) damage to or loss of data, profit, revenues, anticipated savings, goodwill or business opportunity; or (c) for any indirect or consequential loss or damage.
11.3 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.4 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen
11.5 If you have a dispute with a seller, you release Sole from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute.
12.1 We are based in the United Kingdom and any and all information on our Sole Market is provided to you in accordance with the laws and regulations of England and Wales, irrespective of where you access the Sole Market from.
12.2 Please note that when you click through to a Third Party, you will need to review the terms and conditions of that site and make yourself aware of the jurisdiction within which it is based, your purchase (should you make one) will be subject to the terms of that site and the local laws. Furthermore please note that some products may not be available in your country due to availability constraints.
13.1 We do not guarantee that our Sole Market will be secure or free from bugs or viruses.
13.2 You are responsible for configuring your device, information technology, computer programmes and platform to access our Sole Market. You should use your own virus protection software.
13.3 You must not misuse our Sole Market by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sole Market, the server on which our Sole Market are stored or any server, computer or database connected to our Sole Market. You must not attack our Sole Market via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sole Market will cease immediately.
13.4 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Sole Market may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
14.1 If we end your rights to use the Sole Market:
- you must stop all activities authorised by these terms, including your use of the Sole Market;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- we may remotely access your devices and remove the App from them and cease providing you with access to the services available via the App.
14.2 If you are a consumer:
- you agree that we will commence supplying the services to you as soon as you accept these terms of service; and
- you can terminate your account for any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of registering with us.
14.3 Otherwise, you may delete your account at any time by logging onto your account and selecting ‘delete my account’ under ‘My Account’.
15. Right of Cancellation for products bought on the Sole Market
15.1 Where you purchase a product on the Sole Market from a business seller and you are a consumer, you have a legal right to change your mind within 14 days of receipt and receive a refund, provided that you have not used the product in any way. Where you wish to exercise this right, you must email us at email@example.com.
15.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must promptly return them to the seller at the address notified to you. You will be responsible for the postage cost of returning the product.
16. Third Party Rights
16.1 A person who is not a party to these terms of service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms.
16.2 You may not resell, assign, sub-licence or otherwise transfer any of the rights under these terms without Sole’s prior written consent.
17.1 If Sole fails, at any time to insist upon strict performance of any of your obligations under these terms of service, or if Sole fails to exercise any of the rights or remedies to which Sole is entitled under these terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by Sole of any default shall not constitute a waiver of any subsequent default.
18.1 If any provision (or part of a provision) of these terms of service is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Applicable Law and Jurisdiction
19.1 These terms of service, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law and the Sole Market is intended to be used by consumers from the UK. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
20. Complaints and Alternative Dispute Resolution
20.1 Please notify us immediately of any concerns in respect of an item purchased from a seller at firstname.lastname@example.org and we will raise a ticket and investigate your complaint.
20.2 If you are unhappy with the Sole Market or any of our services, please contact us at email@example.com and we will seek to resolve your complaint internally. If you are unhappy with a particular product that you have purchased, please contact us and we will liaise with the seller on your behalf.
20.3 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
20.4 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact your local Trading Standards Services which can found at https://www.tradingstandards.uk/consumers/support-advice.