Terms & Conditions for Partners
Terms and Conditions For Partners
One Heimat Ltd Marketplace
Company registration number: 13142669
Registered office address:
14 Betony Rise, Warfield, Bracknell, RG42 5AF, United Kingdom
These terms and conditions are applicable in addition to our standard
Terms of Service and our Privacy Policy.
Accepting These Terms
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and One Heimat Ltd. We’ll just refer to “Heimat“ in the following document. Also, with “You“ we are referring to you as a person if you are an individual seller or to your legal entity and all its employees and affiliated people if your business is a legal entity.
Please note that Section 11. Disputes with Heimat, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use heimat.one, our mobile app, and the other services provided by Heimat (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
Your Privacy
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.
Both Heimat and sellers process members’ 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 Heimat, will be responsible for that unauthorised disclosure.
If, however, Heimat and sellers are found to be joint data controllers of buyers’ personal information, and if Heimat is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Heimat for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Heimat.
Your Account with Heimat
You’ll need to create an account with Heimat to use some of our Services. Here are a few rules about accounts with Heimat:
You must be 18 years or older to use our Services.
Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
You're responsible for your account. 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.
Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Heimat.
Your Products & Services
Products & Services that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services.
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content. By posting Your Content through our Services, you grant Heimat a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Heimat function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Heimat may offer you or Heimat buyers promotions on the Site, from time to time, that may relate to your listings
Rights You Grant Heimat. By posting Your Content, you grant Heimat 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 Heimat, your Heimat shop, or the Services in general, in any formats and through any channels, including across any Heimat 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.
That sounds like a lot, but it’s necessary for us to keep Heimat going. Consider these examples: if you upload a photo or video of a listing on your Heimat shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade product, we can feature it - often along with your shop name and shop picture - on our homepage, in one of our blogs or even on a billboard to help promote your business and Heimat´s.
Reporting Unauthorised Content. Heimat has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please inform us immediately. 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 any of that happens.
Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Heimat´s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Your pricing and payouts
Taxes. Every product and service you offer is subject to VAT. This usually varies between 0% and 20% in the UK. You may not know the correct VAT but don’t worry. we’ll set it up for you once you added a product. Please keep the VAT in mind when setting your prices because these will be viewed as VAT-included. And when it comes to collecting and reporting the correct VAT to the UK tax authorities, this will be handled by us.
Commission. We will charge 15% on the amount of the order a customer places with you, including the shipment costs. Here’s an example: A customer orders products for £30 from you (incl. VAT). The shipping costs are £7.50. Total amount that the customer needs to pay is £37.50. Our commission is 15% of the total amount, i.e. £5.62 (15% x £37.50).
Payout. We will pay you the collected amount, minus our commission and VAT, twice a month. On the 1st and on the 15th of each month. Amounts for returned goods will be deducted at the same time.
Handling of shipments and returns
Shipments. You are free to offer the kind of shipment that you think is right for the customer. In fact, you yourself define the shipping rates you want to charge. This can be £0.00 or any other amount. You are required to set it up before products can be shown and sold to the customer.
Returns. We have a standard Returns Policy which can be found in our standard Terms of Service. Unless you set up your own policy, you agree to adhere to our standard one. If you want to set up your own policy, you can do this when setting up a product.
Your Use of Our Services
License to Use Our Services. 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:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your products/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. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Heimat, another Heimat user, or a third party.
Pay Your Bills. You are responsible for paying all fees that you owe to Heimat. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
Don’t Steal Our Stuff. 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.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
Follow Our Trademark Policy. The name "Heimat" and the other Heimat marks, phrases, logos, and designs that we use in connection with our Services (the Heimat Trademarks), are trademarks, service marks, or trade dress of Heimat in the EU and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Heimat (not including Your Content or items you sell through our Services) 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.
Talk to Us Online. From time to time, Heimat will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination
Termination By You. We'd hate to see you go, but you may terminate your account with Heimat at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination and you’ll still have to pay any outstanding bills.
Termination By Heimat. We may terminate or suspend your account (and any accounts Heimat determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Heimat will 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.
If you or Heimat terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services: Heimat reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Heimat 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.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Content You Access. 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. Heimat 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.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to 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 (like a compatible mobile device to use our mobile apps). 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. Heimat is not a party to those agreements; they are solely between you and the third party.
Gift Cards and Promotions. You acknowledge that Heimat does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES. HEIMAT IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HEIMAT, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL HEIMAT´S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED (100 GBP) BRITISH POUNDS OR THE AMOUNT YOU PAID HEIMAT IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Heimat gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Heimat (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Heimat´s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Heimat will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Heimat has no obligation to resolve any disputes.
Release of Heimat. You release Heimat from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with Heimat
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Governing Law. The Terms are governed by the laws of the United Kingdom, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration. You and Heimat agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Chartered Institute of Arbitrators (the “CIArb”) under its Consumer Arbitration Rules then in effect. Judgment on the arbitration award may be entered in any court that has jurisdiction.
For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Heimat are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration. Payment for any and all reasonable Arbitration filing, administrative, and arbitrator fees will be in accordance with the CEDR rules. The parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
Forum. We’re based in the UK, so any legal action against Heimat related to our Services must be filed and take place in the UK.
Modifications. If we make any changes to this “Disputes with Heimat” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Heimat prior to the date the changes became effective. Heimat will notify you of substantive changes to the “Disputes with Heimat” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Heimat a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Heimat in accordance with the provisions of this “Disputes with Heimat” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. 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.
Food safety
If you sell food using our Services, making sure it’s safe is of paramount importance. As a seller of eatable products it is solely your responsibility that you strictly comply with the Food Safety regulations across the various parts of the UK. The below outlines some, but not all, guidelines for England and Wales. Other parts of the UK may have different rules. Make sure you have informed yourself and that you comply with every rule outlined by the government.
You must make sure food is safe to eat
You must make sure you don’t add, remove or treat food in a way that makes it harmful to eat
You must make sure the food is the same quality that you say it is
You must make sure you don’t mislead people by the way food is labelled, advertised or marketed.
You must translate all ingredients labels into English and follow the UK guidelines on allergy labelling.
You must keep records on where you got food from and show this information on demand – see country of origin
You must withdraw unsafe food and complete an incident report
You must tell people why food has been withdrawn or recalled, for example by using a leaflet, email or any other form of effective communication tool
If you If you use a food additive you must only use an approved additive and only use it if it is approved for use in that food
Country of Origin: Food sold on Heimat must only come from the European Economic Area (EEA) and Switzerland.
Severability clause
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Heimat 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. We may assign any of our rights and obligations under the Terms.