Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AEM Labs Limited ("we", "us", "our", "AEM Labs") governing your access to and use of the AEM Labs Marketplace platform, website, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this platform.

These Terms apply to all users of the Service, including buyers, sellers, creators, and visitors.

2. Definitions

• "Platform" or "Service": The AEM Labs Marketplace website, mobile applications, and all related services
• "Buyer": A user who purchases products through the platform
• "Seller": A user who lists and sells products through the platform
• "Creator": A user who participates in our referral/affiliate program
• "Product": Any item listed for sale on the platform
• "Order": A purchase transaction completed through the platform
• "Content": Any text, images, reviews, messages, or other materials posted on the platform

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3.2 Account Creation

To access certain features of the platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and identification
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with any third party

3.3 Account Types

We offer different account types:

• Buyer Accounts: For purchasing products on the platform
• Seller Accounts: For listing and selling products (requires approval)
• Creator Accounts: For participating in our referral program

You may hold multiple account types simultaneously, subject to our approval.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violations of these Terms of Service
• Fraudulent, illegal, or harmful activity
• Providing false or misleading information
• Abuse of the platform or other users
• Any other reason we deem necessary to protect the platform and its users

You may terminate your account at any time by contacting us or using account deletion features (where available).

4. Marketplace Rules and User Conduct

4.1 General Rules

You agree not to:

• Use the platform for any illegal purpose or in violation of any laws
• Post false, misleading, or fraudulent information
• Infringe upon the intellectual property rights of others
• Harass, abuse, threaten, or harm other users
• Interfere with or disrupt the platform's operation
• Attempt to gain unauthorized access to any portion of the platform
• Use automated systems (bots, scrapers) to access the platform without permission
• Circumvent security measures or attempt to breach platform security
• Impersonate any person or entity
• Collect or harvest information about other users without consent

4.2 Buyer Responsibilities

As a buyer, you agree to:

• Provide accurate payment and shipping information
• Complete transactions in good faith
• Respect seller policies and shipping terms
• Provide honest and fair reviews
• Pay for all items you purchase in a timely manner
• Communicate respectfully with sellers
• Comply with all applicable consumer protection laws

4.3 Seller Responsibilities

As a seller, you agree to:

• Provide accurate product descriptions, images, and pricing
• Honor all sales and shipping commitments
• Comply with all applicable laws and regulations, including consumer protection laws
• Respond promptly to buyer inquiries and issues
• Maintain appropriate inventory levels
• Ship products within stated timeframes
• Provide accurate tracking information
• Handle returns and refunds in accordance with these Terms and applicable law
• Not list prohibited items (see Section 5)
• Pay all applicable fees and commissions

5. Prohibited Items

You may not list, sell, or purchase the following items on our platform:

• Illegal goods or services
• Counterfeit or pirated items
• Stolen goods
• Hazardous materials or dangerous goods
• Items that infringe intellectual property rights
• Weapons, ammunition, or related items (where prohibited by law)
• Items that violate applicable laws or regulations
• Any other items we determine to be inappropriate for the platform

We reserve the right to remove any listing that violates these prohibitions.

6. Products, Listings, and Pricing

6.1 Product Listings

Sellers are responsible for the accuracy of their product listings, including:

• Product descriptions and specifications
• Product images and media
• Pricing and availability
• Shipping options and costs

We reserve the right to edit, remove, or reject any listing that violates these Terms or applicable laws.

6.2 Pricing

All prices are displayed in GBP (British Pounds) unless otherwise stated. Prices include applicable VAT where required by law. Sellers are responsible for setting accurate prices and updating them as necessary.

We reserve the right to correct pricing errors, even after an order has been placed. If a pricing error is discovered, we will notify you and provide options to proceed or cancel the order.

6.3 Product Availability

Product availability is subject to change. We do not guarantee that products will be available at all times. If a product becomes unavailable after you place an order, we will notify you and provide a refund if payment has been processed.

7. Orders and Transactions

7.1 Order Process

When you place an order:

1. You submit an order through our checkout process
2. We process your payment through our payment processor (Stripe)
3. You receive an order confirmation
4. The seller is notified and prepares your order for shipment
5. You receive shipping confirmation and tracking information

7.2 Payment Processing

All payments are processed securely through Stripe, our PCI-DSS compliant payment processor. We do not store your full payment card details. By making a purchase, you agree to:

• Pay all charges associated with your transaction, including product prices, shipping costs, and applicable taxes
• Provide accurate payment information
• Authorize us to charge your payment method for the total amount

We accept major credit and debit cards, as well as alternative payment methods such as Klarna and Afterpay (where available).

7.3 Order Acceptance

Your order is an offer to purchase. We reserve the right to refuse or cancel any order at our discretion, including but not limited to:

• Orders that violate these Terms
• Orders for products that are unavailable or mispriced
• Orders that appear fraudulent or suspicious
• Orders that cannot be fulfilled due to technical issues

If we cancel your order, we will refund any payment made.

7.4 Order Modifications and Cancellations

You may cancel an order before it is shipped by contacting us or the seller. Once an order has been shipped, cancellation is subject to our returns and refunds policy (see Section 9).

We cannot modify orders after they have been placed. If you need to change shipping address or other details, contact us immediately.

8. Shipping and Delivery

8.1 Shipping Options

Shipping options and costs are determined by sellers and displayed during checkout. Shipping costs vary based on:

• Product size and weight
• Shipping method selected
• Delivery destination

8.2 Delivery Times

Estimated delivery times are provided at checkout but are not guaranteed. Delivery times may vary due to:

• Shipping carrier delays
• Customs processing (for international orders)
• Weather or other circumstances beyond our control

Sellers are responsible for shipping products within stated timeframes.

8.3 Delivery Issues

If you experience delivery issues:

• Contact the seller first to resolve the issue
• If unresolved, contact our support team
• We will work with you and the seller to resolve delivery problems

We are not responsible for delays caused by shipping carriers or circumstances beyond our control.

9. Returns, Refunds, and Cancellations

9.1 Your Rights Under UK Consumer Law

Under UK consumer protection laws, you have the right to:

• Cancel within 14 days: For most products, you have 14 days from receipt to cancel your order and receive a full refund
• Return faulty products: You can return products that are faulty, not as described, or not fit for purpose
• Receive a refund: For cancelled orders or faulty products, you are entitled to a full refund

These rights are in addition to any seller-specific return policies.

9.2 Return Process

To return a product:

1. Contact the seller or our support team within the return period
2. Obtain return authorization and instructions
3. Ship the product back in its original condition and packaging
4. Receive your refund once the return is processed

You are responsible for return shipping costs unless the product is faulty or not as described.

9.3 Refund Processing

Refunds will be processed to your original payment method within 14 business days of receiving the returned product or approving the refund. Refund processing times may vary depending on your payment provider.

9.4 Non-Returnable Items

Certain items may not be returnable, including:

• Customized or personalized products
• Perishable goods
• Digital products (where applicable)
• Items that have been used beyond reasonable inspection

These exceptions are subject to your statutory rights under UK consumer law.

10. Intellectual Property

10.1 Platform Content

The platform and its original content, features, and functionality are owned by AEM Labs Limited and are protected by UK and international copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 User Content

By posting content on the platform (including product listings, reviews, messages, and images), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of operating and promoting the platform.

You retain ownership of your content but grant us the right to use it as described above.

10.3 Intellectual Property Infringement

We respect intellectual property rights. If you believe your intellectual property has been infringed, please contact us with:

• A description of the infringing material
• Proof of your ownership
• Your contact information

We will investigate and take appropriate action in accordance with applicable law.

11. Fees and Commissions

11.1 Buyer Fees

Buyers are charged the product price plus shipping costs and applicable taxes. No additional platform fees are charged to buyers.

11.2 Seller Fees

Sellers may be subject to:

• Transaction fees or commissions on sales
• Payment processing fees
• Shipping label costs (if using our shipping services)
• Other fees as disclosed in seller agreements

All fees are clearly disclosed before you become a seller.

12. Disclaimers and Limitations of Liability

12.1 Platform Availability

We strive to maintain platform availability but do not guarantee uninterrupted or error-free operation. The platform is provided on an "as is" and "as available" basis.

12.2 Product Information

We do not warrant the accuracy, completeness, or usefulness of product information provided by sellers. Buyers are responsible for verifying product details before purchase.

12.3 Third-Party Transactions

We facilitate transactions between buyers and sellers but are not a party to the sale contract. We are not responsible for:

• The quality, safety, or legality of products sold
• The accuracy of product listings
• The ability of sellers to complete sales
• The ability of buyers to pay for purchases

12.4 Limitation of Liability

To the maximum extent permitted by UK law:

• Our total liability for any claims arising from your use of the platform shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for loss of profits, data, or business opportunities

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded by law

13. Indemnification

You agree to indemnify, defend, and hold harmless AEM Labs Limited and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or products

14. Dispute Resolution

14.1 Internal Resolution

We encourage users to resolve disputes directly. If you have a dispute with another user:

1. Contact the other party to attempt resolution
2. If unresolved, contact our support team
3. We will attempt to facilitate resolution

14.2 Legal Proceedings

If a dispute cannot be resolved internally, these Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms or the platform shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3 Alternative Dispute Resolution

Before initiating legal proceedings, you may be required to attempt resolution through alternative dispute resolution methods, such as mediation, as required by applicable law.

15. Data Protection and Privacy

Your use of the platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with UK GDPR and the Data Protection Act 2018. Please review our Privacy Policy to understand our data practices.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending email notifications for significant changes (where we have your email address)

Your continued use of the platform after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the platform.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and AEM Labs Limited regarding your use of the platform and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions about these Terms of Service, please contact us:

AEM Labs Limited
Email: [email protected]