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Terms and Conditions

TABLE OF CONTENTS

1. AGREEMENT TO TERMS
2. USER REPRESENTATIONS
3. USER REGISTRATION AND ACCOUNT
4. PRODUCTS
5. TERMS AND CONDITIONS OF SALE
6. PURCHASES AND PAYMENT
7. RETURN AND REFUND POLICY
8. RULES ABOUT YOUR CONTENT
9. OUR RIGHTS TO USE YOUR CONTENT
10. USE OF WEBSITE
11. COPYRIGHT INFRINGEMENTS AND TRADEMARKS
12. DATA PRIVACY
13. DUE DILIGENCE AND AUDIT RIGHTS
14. SARAH’S IDEA’S ROLE AS A MARKETPLACE
15. LIMITATIONS AND EXCLUSIONS OF LIABILITY
16. INDEMNIFICATION
17. BREACHES OF THESE TERMS AND CONDITIONS
18. ENTIRE AGREEMENT
19. THIRD PARTY RIGHTS
20. LAW AND JURISDICTION
21. CONTACT US

1.  AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally
or on behalf of an entity (“you”) and Sarah’s Idea (“Company”, “we”, “us”, or “our”), concerning
your access to and use of the sarahsidea.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “site”). You agree that by accessing the site, you have read, understood and agreed
to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use, and you waive any right to receive specific
notice of each of such change. Please ensure that you check the applicable Terms every time you use
our Site so that you understand which Terms apply. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised Terms of Use by your
continued use of the site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.

If you use our marketplace in the course of a business or other organizational project then by so
doing you:

  • Confirm that you have obtained the necessary authority to agree to these general terms and
    conditions;
  • bind both yourself and the person company or other legal entity that operates that business
    or organizational project to these general terms and conditions; and
  • agree that you in these general terms and conditions shall reference both the individual user
    and the relevant person company or legal entity unless the context requires otherwise.

2.   USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  • all registration information you submit will be true, accurate, current, and complete
  • you will maintain the accuracy of such information and promptly update such registration
    information as necessary
  • you have the legal capacity and you agree to comply with these Terms of Use
  • you are not under the age of 18
  • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received
    parental permission to use the Site
  • you will not access the Site through automated or non-human means, whether through a
    bot, script or otherwise
  • you will not use the site for any illegal or unauthorized purpose
  • your use of the Site will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion thereof)

3. USER REGISTRATION AND ACCOUNT

The Site is intended for users who are at least 18 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site.
If you register for an account with our marketplace you will be asked to provide an email
address/user ID and password and you agree to:

  • Keep your password confidential;
  • Notify us in writing immediately (using our contact details provided) if you become aware of any disclosure of your password; and
  • be responsible for any activity on our marketplace arising out of any failure to keep your password confidential and that you may be held liable for any losses arising out of such a failure.
  • Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
  • We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these general terms and conditions we will refund you in respect of the same.
  • You may cancel your account on our marketplace by contacting us

4. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and
details of the products available on the Site. However, we do not guarantee that the colors, features,
specifications, and details of the products will be accurate, complete, reliable, current, or free of
other errors, and your electronic display may not accurately reflect the actual colours and details of
the products. All products are subject to availability, and we cannot guarantee that items will be in
stock. We reserve the right to discontinue any products at any time for any reason. Prices for all the
products are subject to change.

5. TERMS AND CONDITIONS OF SALE

You acknowledge and agree that:

  1. the marketplace provides an online location for sellers to sell and buyers to purchase products;
  2. we shall accept binding sales on behalf of sellers but (unless Sarah’s Idea is indicated as the seller)
    Sarah’s Idea is not a party to the transaction between the seller and the buyer; and
  3. a contract for the sale and purchase of a product or products will come into force between the buyer
    and seller and accordingly you commit to buying or selling the relevant product or products upon
    the buyer’s confirmation of purchase via the marketplace.

Subject to these general terms and conditions the seller’s terms of business shall govern the contract
for sale and purchase between the buyer and the seller. Notwithstanding this the following
provisions will be incorporated into the contract of sale and purchase between the buyer and the
seller:

  1. the price for a product will be as stated in the relevant product listing;
  2. the price for the product must include all taxes and comply with applicable laws in force from time
    to time;
  3. delivery charges packaging charges handling charges administrative charges insurance costs other
    ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and
    clearly stated in the product listing; and delivery of digital products may be made electronically;
  4. products must be of satisfactory quality fit and safe for any purpose specified in and conform in all
    material respects to the product listing and any other description of the products supplied or made
    available by the seller to the buyer; and
  5. in respect of physical products sold the seller warrants that the seller has good title to and is the sole
    legal and beneficial owner of the products and/or has the right to supply the products pursuant to
    this agreement and that the products are not subject to any third party rights or restrictions
    including in respect of third party intellectual property rights and/or any criminal insolvency or tax
    investigation or proceedings; and in respect of digital products the seller warrants that the seller has
    the right to supply the digital products to the buyer.

6. PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information for all
purchases made via the Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date so that
we can complete your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall be in
Euros.

7. RETURN AND REFUND POLICY

Please review our Return and Refund policy posted on the Site prior to making any purchases.

8. RULES ABOUT YOUR CONTENT

In these general terms and conditions your content means:

  1. all works and materials (including without limitation text graphics images audio material video
    material audio-visual material scripts software and files) that you submit to us or our marketplace
    for storage or publication processing by or onward transmission; and
  2. all communications on the marketplace including product reviews feedback and comments.

Your content and the use of your content by us in accordance with these general terms and
conditions must be accurate complete and truthful.
Your content must be appropriate civil and tasteful and accord with generally accepted standards of
etiquette and behaviour on the internet and must not:

  1. be offensive obscene indecent pornographic lewd suggestive or sexually explicit;
  2. depict violence in an explicit graphic or gratuitous manner; or
  3. be blasphemous in breach of racial or religious hatred or discrimination legislation;
  4. be deceptive fraudulent threatening abusive harassing anti-social menacing hateful discriminatory or
    inflammatory;
  5. cause annoyance inconvenience or needless anxiety to any person; or
  6. constitute spam.

Your content must not be illegal or unlawful infringe any person’s legal rights or be capable of giving
rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content must not infringe or breach:

  1. any copyright moral right database right trademark right design right right in passing off or other
    intellectual property right;
  2. any right of confidence right of privacy or right under data protection legislation;
  3. any contractual obligation owed to any person; or
  4. any court order.

You must not use our marketplace to link to any website or web page consisting of or containing
material that would were it posted on our marketplace breach the provisions of these general terms
and conditions.
You must not submit to our marketplace any material that is or has ever been the subject of any
threatened or actual legal proceedings or other similar complaint.
The review function on the marketplace may be used to facilitate buyer reviews on products. You

shall not use the review function or any other form of communication to provide inaccurate
inauthentic or fake reviews.
You must not interfere with a transaction by

  1. contacting another user to buy or sell an item listed on the marketplace outside of the marketplace;
    or
  2. communicating with a user involved in an active or completed transaction to warn them away from
    a particular buyer seller or item; or
  3. contacting another user with the intent to collect any payments.

You acknowledge that all users of the marketplace are solely responsible for interactions with other
users and you shall exercise caution and good judgment in your communication with users. You shall
not send them personal information including credit card details.
We may periodically review your content and we reserve the right to remove any content at our
discretion for any reason whatsoever.
If you learn of any unlawful material or activity on our marketplace or any material or activity that
breaches these general terms and conditions you may inform us by contacting us as provided at
section

9. OUR RIGHTS TO USE YOUR CONTENT

You grant to us a worldwide irrevocable non-exclusive royalty-free license to use reproduce store
adapt publish translate and distribute your content on our marketplace and across our marketing
channels and any existing or future media.

You grant to us the right to sub-license the rights licensed
You grant to us the right to bring an action for infringement of the rights licensed
You hereby waive all your moral rights in your content to the maximum extent permitted by
applicable law; and you warrant and represent that all other moral rights in your content have been
waived to the maximum extent permitted by applicable law.
Without prejudice to our other rights under these general terms and conditions if you breach our

rules on content in any way or if we reasonably suspect that you have breached our rules on content
we may delete unpublish or edit any or all of your content.

10. USE OF WEBSITE

In this section, the words “marketplace” and website” shall be used interchangeably to refer to
Sarah’s Idea’s website.
You may:

  1. view pages from our website in a web browser;
  2. download pages from our website for caching in a web browser;
  3. print pages from our website for your own personal and non-commercial use providing that such
    printing is not systematic or excessive;
  4. stream audio and video files from our website using the media player on our website; and
  5. use our marketplace services by means of a web browser

subject to the other provisions of these general terms and conditions.
Except as expressly permitted or the other provisions of these general terms and conditions you
must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes in respect of selling or
purchasing products on the marketplace.
Except as expressly permitted by these general terms and conditions you must not edit or otherwise
modify any material on our website.
Unless you own or control the relevant rights in the material you must not:

  1. republish material from our website (including republication on another website);
  2. sell rent or sub-license material from our website;
  3. show any material from our website in public;
  4. exploit material from our website for a commercial purpose; or
  5. redistribute material from our website.

    Notwithstanding, you may forward links to products on our website and redistribute our newsletter
    and promotional materials in print and electronic form to any person.
    We reserve the right to suspend or restrict access to our website to areas of our website and/or to
    functionality upon our website. We may for example suspend access to the website during server
    maintenance or when we update the website. You must not circumvent or bypass or attempt to
    circumvent or bypass any access restriction measures on the website.
    You must not:
  6. use our website in any way or take any action that causes or may cause damage to the website or
    impairment of the performance availability accessibility integrity or security of the website;
  7. use our website in any way that is unethical unlawful illegal fraudulent or harmful or in connection
    with any unlawful illegal fraudulent or harmful purpose or activity;
  8. hack or otherwise tamper with our website;
  9. probe scan or test the vulnerability of our website without our permission;
  10. circumvent any authentication or security systems or processes on or relating to our website;
  11. use our website to copy store host transmit send use publish or distribute any material which
    consists of (or is linked to) any spyware computer virus Trojan horse worm keystroke logger rootkit
    or other malicious computer software;
  12. impose an unreasonably large load on our website resources (including bandwidth storage capacity
    and processing capacity);
  13. decrypt or decipher any communications sent by or to our website without our permission;
  14. conduct any systematic or automated data collection activities (including without limitation scraping
    data mining data extraction and data harvesting) on or in relation to our website without our
    express written consent;
  15. access or otherwise interact with our website using any robot spider or other automated means
    except for the purpose of search engine indexing;
  16. use our website except by means of our public interfaces;
  17. violate the directives set out in the robots.txt file for our website;
  18. use data collected from our website for any direct marketing activity (including without limitation
    email marketing SMS marketing telemarketing and direct mailing); or
  19. do anything that interferes with the normal use of our website.

11. COPYRIGHT INFRINGEMENTS AND TRADEMARKS

We respect the intellectual property right of others. If you believe that any material available on or
through the Site infringes upon any copyright you own or control, please immediately notify us using
the contact information provided. A copy of your notification will be sent to the person who posted
or stored the material addressed in the notification. Please be advised that pursuant to applicable
law, you may be held liable for damages if you make material misrepresentations in the notification.
This, if you are not sure that material located or linked to by the Site infringes your copyright, you
should consider first contacting an attorney.

Sarah’s Idea’s logos and our other registered and unregistered trademarks are trademarks belonging
to us; we give no permission for the use of these trademarks and such use may constitute an
infringement of our rights. The third party registered and unregistered trademarks or service marks on our website are the

property of their respective owners and we do not endorse and are not affiliated with any of the
holders of any such rights and as such we cannot grant any license to exercise such rights.

12. DATA PRIVACY

Buyers agree to processing of their personal data in accordance with the terms of Sarah’s Idea’s
Privacy and Cookie Notice.

Sarah’s Idea shall process all personal data obtained through the marketplace and related services in
accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

Sellers shall be directly responsible to buyers for any misuse of their personal data and Sarah’s Idea
shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

13. DUE DILIGENCE AND AUDIT RIGHTS

We operate an anti-fraud and anti-money laundering compliance program and reserve the right to
perform due diligence checks on all users of the marketplace.
You agree to provide to us all such information documentation and access to your business premises
as we may require:

  1. in order to verify your adherence to and performance of your obligations under these terms and
    conditions;
  2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
  3. as otherwise required by law or applicable regulation.

14. SARAH’S IDEA’S ROLE AS A MARKETPLACE

You acknowledge that:

  1. Sarah’s Idea facilitates a marketplace for buyers and third party sellers or Sarah’s Idea where Sarah’s
    Idea is the seller of a product;
  2. the relevant seller of the product (whether Sarah’s Idea is the seller or whether it is a third party
    seller) shall at all times remain exclusively liable for the products they sell on the marketplace; and
  3. in the event that there is an issue arising from the purchase of a product on the marketplace the
    buyer should seek recourse from the relevant seller of the product by following the due process set
    out.

We commit to ensure that Sarah’s Idea or third party sellers as applicable submit information
relating to their products on the marketplace that is complete accurate and up to date and pursuant
thereto:

  1. the relevant seller warrants and represents the completeness and accuracy of their information
    published on our marketplace relating to their products;
  2. the relevant seller warrants and represents that the material on the marketplace is up to date; and
  3. if a buyer has a complaint relating to the accuracy or completeness of the product information
    received from a seller (including where Sarah’s Idea is the seller) the buyer can seek recourse from
    the relevant seller by following the process set out in the Sarah’s Idea Dispute Resolution Policy.

We do not warrant or represent that the marketplace will operate without fault; or that the
marketplace or any service on the marketplace will remain available during the occurrence of events
beyond Sarah’s Idea’s control (force majeure events) which include but are not limited to; flood
drought earthquake or other natural disasters; hacking viruses malware or other malicious software
attacks on the marketplace; terrorist attacks civil war civil commotion or riots; war threat of or
preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which
materially and adversely affect the political or macro-economic stability of the territory as a whole.

We reserve the right to discontinue or alter any or all of our marketplace services and to stop
publishing our marketplace at any time in our sole discretion without notice or explanation; and you
will not be entitled to any compensation or other payment upon the discontinuance or alteration of
any marketplace services or if we stop publishing the marketplace. This is without prejudice to your
rights in respect of any unfulfilled orders or other existing liabilities of Sarah’s Idea.

If we discontinue or alter any or all of our marketplace in circumstances not relating to force
majeure we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with
clear guidance on the way forward for the pending transactions or other existing liabilities of Sarah’s
Idea. We do not guarantee any commercial results concerning the use of the marketplace.

To the maximum extent permitted by applicable law and subject to section below we exclude all
representations and warranties relating to the subject matter of these general terms and condition
our marketplace and the use of our marketplace.

15. LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these general terms and conditions will:

  1. limit any liabilities in any way that is not permitted under applicable law; or
  2. exclude any liabilities or statutory rights that may not be excluded under applicable law.
    The limitations and exclusions of liability set out in this section 15 and elsewhere in these general
    terms and conditions:
  3. are subject to section 1; and
  4. govern all liabilities arising under these general terms and conditions or relating to the subject
    matter of these general terms and conditions including liabilities arising in contract in tort (including
    negligence) and for breach of statutory duty except to the extent expressly provided otherwise in
    these general terms and conditions.
    In respect of the services offered to you free of charge we will not be liable to you for any loss or
    damage of any nature whatsoever.

    Our aggregate liability to you in respect of any contract to provide services to you under these
    general terms and conditions shall not exceed the total amount paid and payable to us under the
    contract. Each separate transaction on the marketplace shall constitute a separate contract for the
    purpose of this section.
    Notwithstanding section above we will not be liable to you for any loss or damage of any nature
    including in respect of:
  5. any losses occasioned by any interruption or dysfunction to the website;
  6. any losses arising out of any event or events beyond our reasonable control;
  7. any business losses including (without limitation) loss of or damage to profits income revenue use
    production anticipated savings business contracts commercial opportunities or goodwill;
  8. any loss or corruption of any data database or software; or
  9. any special indirect or consequential loss or damage.

We accept that we have an interest in limiting the personal liability of our officers and employees
and having regard to that interest you acknowledge that we are a limited liability entity; you agree
that you will not bring any claim personally against our officers or employees in respect of any losses
you suffer in connection with the marketplace or these general terms and conditions (this will not
limit or exclude the liability of the limited liability entity itself for the acts and omissions of our
officers and employees).

Our marketplace includes hyperlinks to other websites owned and operated by third parties; such
hyperlinks are not recommendations. We have no control over third party websites and their
contents and we accept no responsibility for them or for any loss or damage that may arise from
your use of them.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due
to or arising out of:

  • Your contributions
  • Use of the site
  • Breach of these Terms of Use
  • Any breach of your representations and warranties set forth in these Terms of Use
  • Your violation of the rights of a third party, including but not limited to intellectual property
  • rights; or
  • Any overt harmful act toward any other user of the Site with whom you connected via the Site.
  • Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. BREACHES OF THESE GENERAL TERMS AND CONDITIONS

If we permit the registration of an account on our marketplace it will remain open indefinitely
subject to these general terms and conditions.
If you breach these general terms and conditions or if we reasonably suspect that you have
breached these general terms and conditions or any Sarah’s Idea codes policies or guidelines in any
way we may:

  1. temporarily suspend your access to our marketplace;
  2. permanently prohibit you from accessing our marketplace;
  3. block computers using your IP address from accessing our marketplace;
  4. contact any or all of your internet service providers and request that they block your access to our
    marketplace;
  5. suspend or delete your account on our marketplace; and/or
  6. commence legal action against you whether for breach of contract or otherwise.

Where we suspend prohibit or block your access to our marketplace or a part of our marketplace
you must not take any action to circumvent such suspension or prohibition or blocking (including
without limitation creating and/or using a different account).

18. ENTIRE AGREEMENT

These general terms and conditions and the Sarah’s Idea codes policies and guidelines (and in
respect of sellers the seller terms and conditions) shall constitute the entire agreement between you
and us in relation to your use of our marketplace and shall supersede all previous agreements
between you and us in relation to your use of our marketplace.

19. THIRD PARTY RIGHTS

A contract under these general terms and conditions is for our benefit and your benefit and is not
intended to benefit or be enforceable by any third party.
The exercise of the parties’ rights under a contract under these general terms and conditions is not
subject to the consent of any third party.

20. LAW AND JURISDICTION

These general terms and conditions shall be governed by and construed in accordance with the laws
of the territory.

Any disputes relating to these general terms and conditions shall be subject to the exclusive
jurisdiction of the courts of the territory.

21. CONTACT US

In order to resolve a complaint regarding the site or to receive further information regarding
use of the Site, please contact us at:

Sarah’s Idea
Phone: 02256995
Email: help@sarahsidea.com

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