PLEASE READ THE TERMS OF THIS CUSTOMER TERMS CAREFULLY BEFORE USING THE SITE

 

 

The terms set out below (Customer terms) (together with the Privacy Policy, the Website terms and conditions, the Website Acceptable Use Policy) tells you information about us and the basis on which you may make use of the website (the Site) to browse the Site and/or buy any of the products (Products) listed on the Site.

 

A site operated by Bestseller Group USA, LLC ("We"). We are registered in USA under company number 35-2773986 and have our registered office at 400 NW 1st Ave., #2502, Miami, FL, 33128. Our address for correspondence is 643 S Prospect Ave, apt 203, CA 90277. We are a limited liability company.

 

To contact us, please use the information from the "Contacts" tab.

 

The Site is a marketplace for independent third-party sellers (each a Seller with their own shop ("Seller Shop")) to sell Products to you.

 

Our objective is to link you to the Seller Shop we partner with (Partner Seller) and allow you to order Products. Where you order from a Partner Seller, We act as an agent on behalf of that Partner Seller to conclude your order from our Site, to manage your experience throughout the order process, and to help facilitate transactions, which are carried out through the Site. After you have placed an order, the Partner Seller will contact you and discuss all the details of delivery of the Product.  

 

Please note that although We act as an agent on behalf of that Partner Seller you are dealing with, We cannot give any guarantee or warranty as to the Products supplied by the Seller Shop. Therefore, we recommend that before placing an order you make sure that you are happy with the Customer terms.

 

Should you proceed to purchase a Product through the Site the contract is formed between you and Bestseller Group USA, LLC (Agent) and the Partner Seller (Principal) (Contract). The Agent is acting in the name of and on behalf of the Principal without prior reference to the Principal, and the Agent is not liable for the Contract or any claim or dispute arising out of or in connection with it. In case of any claim from your side regarding the Products, the Agent is authorized, upon your respective written request, to provide you with the respective details of the Principal for the further negotiation procedure.   

 

A Contract will comprise of these Customer terms (and any other documents referred to therein), and the information on the Product page.

 

The Customer terms (and the documents referred to in them) may be updated from time to time as set out in herein below. Every time you wish to order Products, please check these Customer terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on March 13, 2024.

 

 

 

 

Terms of Contract with Partner Seller

These Customer terms will apply to any Contract between you and the Partner Seller for the sale of Products to you. Please read these Customer terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that by placing an order you agree to these Customer Terms and Conditions. If you refuse to accept these Customer Terms, you will not be able to order any Products from the Site.

 

You should print a copy of these Customer terms or save them to your computer for future reference.

These Customer terms, and any Contract between you and the Seller, are only in the English language.

 

Information about Partner Seller

Information about Partner Seller are available on the Product page.

 

Products

The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

 

Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site have a 10% disparity.

The packaging of the Products may vary from that shown on images on the Site.

All Products shown on the Site are subject to availability.

 

Use of this Site

Your use of the Site is governed by the Website terms and conditions, the Website Acceptable Use Policy. Please take the time to read this documents as it includes important terms which apply to you.

 

In particular, you agree:

• to post or publish feedback on Partner Sellers or Products which is honest, fair and factual; and
• to refrain from posting or publishing any content or materials which are libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way.

 

Due to the volume of Partner Sellers and Products on the Site we are unable to review all comments given in the feedback sections. Therefore, we ask you to let us know of any defamatory, illegal or offensive posts immediately by contacting us. We will then review these and take the appropriate action.

 

You acknowledge and accept that your failure to use the Site in accordance with these Customer terms and any documents referred to in these Customer terms may result in your access to the Site being blocked.

 

 

 

 

How We use your personal Information

Your personal information will be used in accordance with the Privacy Policy. Please take the time to read this document, as it includes important terms which apply to you.

 

If you are a consumer

This clause only applies if you are a consumer.

As a consumer, you may only purchase Products from the Site if you are at least 18 years old.

Certain Products on the Site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through the Site.

 

These Products are:

• Tobacco products and any substitute for tobacco - minimum age: 21;
• Spirits and other alcohol - minimum age: 21;
• Fireworks - minimum age: 21;
• Knives - minimum age: 21;
• E-cigarettes, vapes, e-liquids, vape refills and any paraphernalia - minimum age: 21;
• Glues and solvents - minimum age: 21;
• Butane lighter refills - minimum age: 21; and
• DVD and computer games - minimum age as detailed on the packaging.

 

You acknowledge and accept that we may perform proof of age checks when you make an order for a Product. Please note that in proceeding to order a Product through the Site, you consent to these checks being carried out. If you do not consent to these checks being carried out, you should not order Products through the Site.

 

As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

If you are a business customer

This clause only applies if you are a business.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.

 

These Customer terms and any document expressly referred to in them constitute the entire agreement between you and Agent and Principal. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Customer terms or any document expressly referred to in them.

 

How the Contract is formed

Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.

 

After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Confirmation). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below. We will transfer information about the order to the Partner Seller and he will contact you to discuss delivery details.

 

Without affecting your rights to return the Product(s) set out in these Customer terms, you can cancel your order for a Product. Thereafter, a Cancellation request will be sent to the Seller Shop for review. The Cancellation is at the Seller's Shop discretion - there is no guarantee that your order will be cancelled.

 

If Seller Shop are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on the Site as referred to in this Customer terms), we will inform you of this by e-mail and we will process a refund of the full amount to your payment method as soon as practicably possible.

 

Our right to vary these Customer terms

These Customer terms may be updated from time to time.

Every time you order Products from Seller Shop, the Customer terms in force at that time will apply to the Contract between you and Agent and Principal.

 

Your consumer right of return and refund

This clause only applies if you are a consumer.

As a consumer, you have legal rights in relation to Products that are faulty, of poor quality or not as described under the Consumer Rights Act. As such, Product(s) must be:

• Of satisfactory quality - i.e. not faulty or damaged;
• Fit for purpose - the Product(s) should be suited to the purpose they are supplied for;
• As described - the Product(s) must match the given description.

 

You have a legal right to cancel a Contract under the Consumer Contracts Regulations during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

 

However, this cancellation right does not apply in the case of:

• any products made to your specification, clearly personalised, custom-made or commissioned in any way;
• newspapers, periodicals or magazines;
• perishable goods, including but not limited to food, drink or fresh flowers;
• software, DVDs or CDs which have a security seal which you have opened or unsealed.

 

Your legal right to cancel a Contract starts from the date on which Seller Shop dispatch the Product(s) to you, which is when the Contract between you and Agent and Principal is formed. If the Products have already been delivered to you, you may return them in accordance with the law and these rules.

 

To terminate the Contract, contact the Partner Seller. Upon termination of the contract, you will receive a refund from the Seller Partner, provided that the Store Seller receives the returned Product(s) in the condition you received them.

 

 

If the Products were delivered to you:

• you must return the Products to Seller Shop as soon as reasonably practicable. If the Products require collection, Seller Shop may arrange to collect the Products from the address to which they were delivered. Seller Shop will contact you to arrange a suitable time for collection;
• unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to Seller Shop or, where relevant, the cost of Seller Shop collecting the Products from you. Where a collection is possible, Seller Shop will confirm the charges for a collection of the Products before arranging a collection with you;
• you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

 

Details of your legal right to cancel and an explanation of how to exercise it are set out in clauses above.

 

As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Customer terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

Delivery

You can discuss delivery details with the Partner Seller.

Your order will be fulfilled by the Partner Delivery Service on the estimated delivery date specified by the Partner Seller, unless an event occurs beyond the Seller’s control. If Partner Delivery is unable to meet the estimated delivery date, Partner Delivery may contact you with a revised estimated delivery date.

 

Delivery will be completed when Partner Delivery deliver the Products to the address you gave us.

 

The Products will be your responsibility from the completion of delivery.

 

International delivery

Еhere are restrictions on some Products for certain Delivery Destinations, so please review the information on each Product page together with the associated costs carefully before ordering Products.

 

If you order Products from the Site for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.

 

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

Price of Products

The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

Prices for Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

 

The price of a Product includes VAT (where relevant) at the applicable current rate.

 

The price of a Product does not include delivery charges. Partner Delivery charges are as quoted on the Site. To check current delivery charges, please refer to the relevant Seller Shop page for the Product you are ordering.

 

The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

 

• where the Product's correct price is less than the price stated on the Site, Seller Shop will issue you with a refund for the difference between the price you paid and the actual price of the Product. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we or Seller Shop do not have to provide the Products to you at the incorrect (lower) price; and
• if the Product's correct price is higher than the price stated on the Site, we will contact you by email as soon as possible to inform you of this error. We or Seller Shop will then give you the option of cancelling your order or cancelling your order and continuing to purchase the Product at the correct price. We or Seller Shop will not process your order until we have your instructions. If we or Seller Shop are unable to contact you using the contact details you provided during the order process within 7 days, we and Seller Shop will treat the order as cancelled and notify you in writing.

 

How to pay

You can only pay for Products using any major debit or credit card through our online payment processing system. We accept the following cards: Discover, Visa/Visa Debit/Visa Electron, Mastercard, Maestro, and American Express (AMEX). The currency displayed will always show in US dollars ($).

 

Manufacturer guarantees

Some of the Products Seller Shop sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

 

If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

 

Our liability

Where the Products are supplied for use by your business, you agree not to use the Product for any re-sale purposes.

Nothing in these Customer terms limit or exclude Partner Seller liability for:

• death or personal injury caused by him negligence;
• fraud or fraudulent misrepresentation;
• defective products.

If Seller Shop fail to comply with these Customer terms, Seller Shop is responsible for loss or damage you suffer that is a foreseeable result of our breach of these Customer terms, but we are not responsible for any loss or damage that is not foreseeable.

 

We do not bear any responsibility for the product, as we act as a marketplace.

 

Subject to clause above, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Subject to clause above, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.

 

Except as expressly stated in these Customer terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Customer terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

Events Outside Of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause.

 

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• we will contact you as soon as reasonably possible to notify you; and
• our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery of Products to you, we or Seller Shop will arrange a new delivery date with you after the Event Outside Our Control is over.

 

Communications between us

When we refer, in these Customer terms, to "in writing", this will include e-mail.

 

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

Other important terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Customer terms. We will always notify you by posting on this webpage if this happens.

 

You may only transfer your rights or your obligations under these Customer terms to another person if we agree in writing.

 

The Contract is between you and Agent and Principal - no other person shall have any rights to enforce any of its terms, whether under the Contracts or otherwise.

 

We shall be entitled to enforce the Contract and Customer terms under the Contracts  Act.

 

Each of the paragraphs of these Customer terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

If we fail to insist that you perform any of your obligations under these Customer terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

 

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

If you are a consumer, please note that these Customer terms are governed by American law. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by American law. You and we both agree that the courts of USA will have exclusive jurisdiction.

 

If you are a business, these Customer terms are governed by American law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by American law. We all agree to the exclusive jurisdiction of the courts of USA.

 

Either party may take any further steps as it considers appropriate to resolve the dispute, including the initiation of court proceedings or through mediation. Unless otherwise agreed by the parties, the place of mediation shall be nominated by the mediator.

 

We will not file a copy of the Contract between us.