Mettalife Ltd Brand Partner Terms & Conditions
Mettalife Ltd Brand Partner Terms & Conditions
Accepting These Terms
This document makes up our Terms & conditions for Mettalife Ltd brand partners.
The Terms are a legally binding contract between you a brand partner and Mettalife Ltd.
This contract sets out your rights and responsibilities when you use www.mettalife.co.uk, our mobile apps, and the other services provided by Mettalife Ltd (we will refer to all these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services.
Both Mettalife Ltd and Brand partners process buyers personal information (for example; buyer name, email address, and shipping 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 Mettalife Ltd, will be responsible for that unauthorised disclosure.
If, however, Mettalife Ltd and sellers are found to be joint data controllers of buyers’ personal information, and if Mettalife Ltd 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 Mettalife Ltd for the expenses it occurs in connection with your processing of buyer personal information.
Your Account with Mettalife Ltd
You will need to create an account with Mettalife Ltd to use some of our Services. Here are a few rules about accounts with Mettalife Ltd:
- You must be 18 years or older to use our Services.
- You are responsible for any and all account activity.
- There is no monthly fee – you may terminate your account with a 30 day notice period.
- You agree to pay agreed commission of sales on every sale.
Termination by You
We would hate to see you go, but you may terminate your account with Mettalife Ltd at any time, (after your entitled six months, if you choose 9% commission option) one full month notice is required from your last payment date. Any outstanding fees/payments must be paid in full before your months’ notice begins.
Termination By Mettalife Ltd
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Mettalife Ltd may refuse service to anyone, at any time, for any reason.
If you or Mettalife Ltd terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services
Mettalife Ltd reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. 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.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Provide accurate information about yourself
It is prohibited to use false information or impersonate another person or company through your account.
Choose an appropriate name
If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
You are responsible for your account
You are solely responsible for any activity on your account.
If you are 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 are 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
You are responsible for paying all fees that you owe to Mettalife Ltd
You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
You agree not to interfere with or try to disrupt our Services;
For example, by distributing a virus or other harmful computer code.
All Brand partners are expected to adhere to the following policies when listing products on Mettalife Ltd:
Brand Partner offences and prohibited content can result in suspension of your Mettalife Ltd account.
We strive to ensure a fair, trustworthy buyer and seller experience. At Mettalife Ltd, we expect you to adhere to the code of conduct principles that are outlined below. Violation of the code of conduct principles can result in the loss of your selling privileges and removal from Mettalife Ltd Marketplace.
- Adhere to all applicable laws and abide by all Mettalife Ltd policies.
- Maintain current account information.
- Never misrepresent yourself.
- Always act in a manner that ensures a trustworthy experience for Mettalife Ltd customers.
- Never list products that might cause harm to Mettalife Ltd customers.
- Never engage in any misleading, inappropriate or offensive behaviour. This applies to all your activities, including but not limited to:
- Information provided on your account
- Information provided in listings, content or images
You hereby grant to Mettalife Ltd Marketplace, its affiliates and licensees a nonexclusive, worldwide, transferable, royalty-free right to display and use the information, graphic, trademark, copyrighted work and other material and information contained in your listings in any existing or future media, known or unknown, now or at any later date.
Such right shall include, without limitation
- The right to provide to prospective and actual Customers the right to access and use the Listing via any website owned or operated by Mettalife.co.uk to which The Marketplace provides Brand partner’s Listings, including but not limited to Mettalife.co.uk.
- The right to display and use the Listing and any portion thereof in the promotion and advertisement of the Marketplace.
Communication between you and Mettalife Ltd, or you and our customers
Act fairly at all times
Unfair behaviour includes, but is not limited to the following:
- Behaviour that could be deemed as manipulation or “gaming” of any part of the buying or selling experience
- Actions that could be perceived as manipulating customer reviews, including by directly or indirectly contributing false, misleading or inauthentic content.
Product and Content Restrictions
As a Brand partner on the Mettalife Ltd website, it is your responsibility to make sure that both you and your products comply with all applicable laws and Mettalife Ltd policies.
You should carefully review the “Examples of Prohibited Listings ” and the “Restrictions Affecting All Items” sections shown below before listing a product on Mettalife Ltd.
The examples provided in these Help Pages are not exhaustive and are not intended as legal advice. They are provided for information purposes only and Mettalife Ltd does not warrant the accuracy of any information provided in these links. We encourage you to consult with your legal advisor if you have questions about the laws and regulations concerning your products. Remember that even when a product is not prohibited, it must always comply with applicable laws. Also, you should regularly review Mettalife Ltd policies as these may change from time to time and we may restrict or prohibit products that are allowed by law.
Violating Mettalife Ltd ‘s policies on listing prohibited items may result in Mettalife Ltd taking actions including:
- Cancellation of listing
- Limits on listing privileges
- Suspension of your listing privileges
- Removal of your selling privileges
Mettalife Ltd reserves the right to make judgments in its sole discretion about whether or not a listing is appropriate. If we determine that the content of a product detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice.
Examples of Prohibited Listings
- Animal products or products containing animal products.
- Products and ingredients tested on animals.
- Drugs, Drug Paraphernalia & Dietary Supplements.
- Gambling or lottery tickets.
- Tobacco & Tobacco-Related Products.
Restrictions Affecting All Items
Illegal and potentially illegal products: Products sold on the Mettalife Ltd marketplace must comply with all applicable laws. As sellers are legally liable for their actions and transactions, sellers must know the legal parameters surrounding any product they offer for sale on Mettalife Ltd.
Promoting illegal use: Sellers must not promote illegal or prohibited uses of their products on Mettalife Ltd.
Stolen property: Stolen property is prohibited at Mettalife Ltd.
Offensive material: Mettalife Ltd reserves the right to determine the appropriateness of listings posted to our site.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual’s privacy: Mettalife Ltd holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, any individual’s privacy are prohibited.
Advertisements: Listings that are intended wholly or mainly as “portals” to commercial or private websites for the purposes of advertising, or that offer contact information for non-mettalife.co.uk offers, particularly those with non-mettalife.co.uk ordering tools or information are prohibited.
Products from embargoed and sanctioned countries: Products from (originating in or produced in) any of the countries currently sanctioned or embargoed by UK laws and regulations applicable to Mettalife Ltd are not permitted for sale at mettalife.co.uk.
Product detail rules
- ‘Add a Product’ lets you create product detail pages for products that aren’t currently available on your Mettalife Ltd store.
2 When you create product detail pages on Mettalife Ltd, you agree to the following rules and restrictions:
- Detail pages may not feature or contain Prohibited Content or Restricted Products.
- The inclusion of any of the following information in detail page titles, descriptions, bullet points or images is prohibited:
- Pornographic, obscene or offensive content.
- Phone numbers, physical postal addresses, email addresses or website URLs.
- Availability, price, condition, alternative ordering information (such as links to other websites for placing orders) or delivery offers (such as free delivery).
- Advertisements, promotional material or watermarks on images, photos or videos.
- When creating a listing or when matching a listing to an existing listing, sellers must follow Mettalife Ltd listing standards for any product sold on Mettalife Ltd.
- All products must be appropriately and accurately classified to the most specific locations available. Incorrectly classifying products is prohibited.
- Product titles, product descriptions and bullet points must be clearly written and should assist the customer in understanding the product.
- All product images and description must meet Mettalife Ltd ‘Brand Partner best practise’ guidelines standards,
- Using page-creation tools for any purpose other than creating product details pages is prohibited.
Prohibited Seller Activities and Actions
These Prohibited Seller Activities and Actions are established to maintain a selling service that is safe for buyers and fair for sellers of both products and services. Failure to comply with the terms of this policy might result in cancellation of listings, suspension from use of Mettalife Ltd tools and reports, and/or the removal of selling privileges.
The following guidelines apply to both sellers of products and services.
Attempts to divert transactions or buyers: The use of email intended to divert customers away from the Mettalife Ltd sales process. The inclusion of hyperlinks, URLs or web addresses within any seller-generated confirmation email messages or any product/listing description fields that are intended to divert customers away from the Mettalife Ltd sales process.
Unauthorised and improper business names:
Your business name (identifying your business entity on Mettalife Ltd ) must be a name that: accurately identifies you; is not misleading; and that you have the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, you cannot use a business name that contains an email suffix such as .com, .net, .biz etc.
Item prices offered by the Brand partners, using Mettalife Ltd Marketplace, must be reflected elsewhere in any online content, in that, they cannot be more expensive on the Mettalife Ltd Marketplace. (This may or may not include shipping costs)
Appropriate treatment of customer phone numbers:
Mettalife Ltd provides professional sellers who fulfil their own orders access to customer phone numbers so that they can comply with carrier label requirements. If you receive this customer information, you are required to adhere to Mettalife Ltd ’s customer personal information policy.
Proper treatment of customer phone numbers:
- Dispose of any customer phone number data that you retain after you have processed the customers’ orders.
- Monitor who in your organisation has access to customer phone numbers – protecting this data is your responsibility.
- Improper treatment of customer phone numbers:
- Never contact a customer using their phone number.
- Never share customer phone information with an external party.
- Never pass along customer information of any kind, including phone numbers, outside of Buyer-Seller Messaging.
Misuse of ratings, feedback or reviews
Any attempt to manipulate ratings, feedback or reviews is prohibited.
Ratings and feedback: The rating and feedback features allow buyers to evaluate the overall performance of a seller, helping sellers to develop a reputation within Mettalife Ltd Marketplace. You should not post abusive or inappropriate feedback or include personal information about a transaction partner. This also includes posting ratings or feedback to your own account. You may request feedback from a buyer, but you may not pay or offer any incentive to a buyer for either providing or removing feedback. In addition, it is strictly prohibited to post ratings and feedbacks by spoofing or for commercial purpose.
Reviews: Reviews are important to the Mettalife Ltd Marketplace, providing a forum for feedback about product and service details and reviewers’ experiences with products and services – positive or negative. You should not write reviews for products or services that you have a financial interest in, including reviews for products or services that you or your competitors sell. Additionally, you should not provide compensation for a review (including free or discounted products). Review solicitations that ask for only positive reviews or that offer compensation are prohibited. You should not ask buyers to modify or remove reviews.
Uploading product images displaying inappropriately branded generic products: Uploading images of products displaying your trademark affixed in a temporary or impermanent fashion (e.g. on a sticker or on product packaging, etc.) is prohibited where that product is a generic product not permanently branded with your trademark. Mettalife Ltd reserves the right to remove, screen or edit any product images that breach this prohibition.
Creating separate listings: Sellers should not create separate listings for identical copies of the same item. Individually listing the same item several times is confusing for buyers and frustrating for other sellers. Sellers must use the quantity field to offer multiple copies of the same item, and only list separately if offering the same item in different conditions.
Post-transaction price manipulation and excessive postage fees: Any attempt to increase the sale price of an item after a transaction has been completed is prohibited. Additionally, you cannot set excessive order fulfilment and postage & packing costs.
Listing prohibited products: No animal or tested on animal products to be mentioned or sold in any listing.
- Being as honest and kind as possible is at the forefront of what we do.
- All brand partners must confirm that the item or garment is Vegan, and one that uses no animal product at any stage of production; this includes animal skins and by-products such as silk and less obvious components such as adhesives.
- The brand partner confirms that no part of a product has ever been tested on animals during the design or manufacturing process.
- By not adhering to this will prohibit any further listing on Mettalife Ltd.
- The brand partner confirms that ‘where practical’ items or garments have been ethically produced and/or sourced through the entire manufacturing chain, ensuring fair working practices of all work carried out after the sourcing of raw materials.
- A fair working practice includes fair salaries, legal employment and safe working conditions for employees.
Providing Great Customer Service
We expect our Brand partners to provide a high level of customer service. By selling on Mettalife.co.uk, you agree to:
- Honour your shipping and processing times. Sellers are obligated to send an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for Postage times vary.
- Respond to Conversations in a timely manner.
- Honour the commitments you make in your online store policies.
- Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, Mettalife Ltd must be informed.
- If you are unable to complete an order, you must notify the buyer, cancel the order and arrange refund to customer.
- As a seller, you must provide excellent customer service and maintain trust with your buyers.
- Responding to Requests for Cancellations, Returns, and Exchanges
If you are unable to complete a transaction, you must notify the buyer via email and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. (any commission taken by Mettalife will automatically be refunded to the customer) You are encouraged to keep proof of any refunds in the event a dispute arises.
European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods.
Mettalife Ltd ask buyers to contact sellers directly and attempt to resolve any outstanding issues before contacting Mettalife Ltd:
For this reason, it is important that you fill out your online store policies and regularly respond to conversations from your buyers.
Buyers may file a case for a non-delivery or a not-as-described item
You must respond to any open cases within three days. Mettalife Ltd may request your assistance in resolving a case opened against your online store.
Mettalife Ltd has the authority to act on: –
Mettalife Ltd reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation.
A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:
- There is no proof that the item was shipped to the buyer.
- An item was not sent to the address provided on Mettalife Ltd.
Not as Described
An item is “not as described” if the buyer can demonstrate that it is significantly different from your listing description or your photos. The following are examples of “not as described” cases:
- The item received is a different colour, model, version, or size.
- The item has a different design or material.
- The seller failed to disclose that an item is damaged or incomplete.
- The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
- The item was advertised as authentic but is not authentic.
- The condition of the item is misrepresented (e.g., the item is described as new but is used).
Not as Described cases can also be filed for late delivery
In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:
- The item(s) were ordered for a specific date or event.
- The item(s) are rendered useless after that date.
- The seller did not ship the item(s) according to their processing time or the date agreed upon in conversations.
If Mettalife Ltd determines that an item is not as described, you will be required to refund the order, including original postage and return postage.
Mettalife Ltd retains the right to offset from any amounts payable to a Brand partner or to seek and obtain reimbursement from such Brand partner if Mettalife Ltd provides a refund or reimbursement to a Customer or Mettalife receives a chargeback from a Customer’s credit card issuer in connection with the purchase of the item described in such Brand partner’s Listing.
Mettalife Ltd will not be involved in some disputes. These include:
- Items that are damaged by the delivery carrier (if properly packaged by the seller).
- Items that have been altered, used, worn, washed, or discarded after receipt.
- Items that are received after the agreed-upon delivery date due to shipping delays.
- Items that are returned without a return agreement.
- Items that are accurately described but don’t meet a buyer’s expectations.
- Cost of shipping disputes.
- Items that are purchased in person.
- Transactions where payment is not made via Mettalife Ltd checkout system.
When a dispute is ineligible for Mettalife Ltd, we encourage both parties to work together to come to an amicable solution.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we will 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.
Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Mettalife Ltd 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.
METTALIFE LTD AND ACCESS TO ANY METTALIFE LTD WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. METTALIFE LTD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION: (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (II) THAT METTALIFE LTD WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; (III) THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED VIA THE METTALIFE LTD WILL BE AS REPRESENTED BY BRAND PARTNERS, AVAILABLE FOR SALE, LAWFUL TO SELL, OR THAT SELLERS OR CUSTOMERS WILL PERFORM AS PROMISED; (IV) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (V) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE METTALIFE LTD. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE METTALIFE LTD DISCLAIMS ANY AND ALL SUCH WARRANTIES.
Indemnification. Brand partner hereby agrees to indemnify and hold harmless Mettalife Ltd and its subsidiaries and affiliates, and their respective directors, officers, employees, agents, shareholders, partners, members and other owners (collectively, “Indemnified Parties”), against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and expenses) brought about by any person (any or all of the foregoing hereinafter referred to as “Claims”), insofar as such Claim (or actions in respect thereof) arise out of or are based on:
- Its breach of this Agreement and, any breach of the representations, warranties, covenants or agreements it makes herein
- Intentional misconduct
- Gross negligence.
Mettalife Ltd will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by Mettalife Ltd. No delay or omission by Mettalife Ltd in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Mettalife Ltd’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Mettalife Ltd’s right to subsequently enforce such provision or any other provisions of this Agreement.
Brand partner acknowledges and agrees that:
Mettalife Ltd and its licensors’ patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) is and shall remain the sole property of Mettalife Ltd or its licensors. Nothing in this Agreement shall confer a Brand partner any right of ownership or license rights in the Intellectual Property. Brand partner shall not now or in the future contest the validity of the Intellectual Property.
If you have any questions about the Terms, please email us at – firstname.lastname@example.org
The Services are operated by Mettalife Limited.
We are registered in England and wales under company number 11882567