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Icephorm provides a safe and open platform for users to sell and buy items in accordance with our Ethics, in return for a fair fee.
Price and availability of items on Icephorm are subject to change. The shopping bag is a temporary place to store a list of your items and reflects each item's most recent price. Where foreign currency pricing is shown on the site, this is a best guess estimate based on the most recent currency conversion rates provided by PayPal. A shopping bag reflects the actual currencies specified by the seller when listing their item, and all payments are made in that particular currency.
Where Icephorm charges fees, we will provide advance notice of any changes to fees and tariffs. We use an algorithm to randomly select the featured listings chosen to be appear on the Pre-Loved home page and category pages in a fair manner.
Whilst we aim to provide a safe and open platform and will act as an arbiter in any dispute between users, we do not accept liability for the following:
- Inaccuracies introduced as part of the automated translation process for listings.
- General failure of any service provided by the third party tools included on the website (details of which are included in our Privacy and Security Policy.
- Rounding errors on pricing and approximated currency conversion figures.
- Miscalculations in feedback and review scoring mechanisms.
- Availability of the website (for example we may need to undertake maintenance on the website).
- Loss of items and/or inaccuracies in items listed on the platform.
- Transfer of monies between users; as payments are made direct using a third party platform.
- Refunds for items sold through the platform.
- Failure by winners of auctions to pay for their items within a reasonable time.
- Any other matters outside of our control.
That said, Icephorm will always use our best endeavours to assist and put things right where we can.
If requested, Icephorm may pass user details and other data including financial information to HMRC (in the United Kingdom), other taxation authorities and law Enforcement Agencies.
Icephorm Limited is a registered Company in England and Wales and abides by the terms of UK law which is the applicable law in the event of any dispute.
Registered Office 54 Queen Street, Henley-on-Thames, Oxfordshire, RG9 1AP, United Kingdom
Registered Number 07713900
VAT Number GB116313256
This is our promise to our users.
Users agree to abide by our Ethics and to treat each other with respect.
As such we reserve the right to take steps, including temporary or permanent suspension of accounts and/or items, or even legal action, against any person or company who uses our website or services for inappropriate or unauthorised use, which we feel may bring our site into disrepute. This includes a breach of our Ethics, misrepresentation, misselling and making an excessive number of claims for refunds against sellers.
The site should not be used for price comparison services and users are not permitted to do anything that may affect the security of our website or any information or material stored within it.
Users are not allowed to register more than one account on Icephorm or to use friends and family accounts to artificially increase the bid price on auction items.
Registered Details
Anyone over the age of 18 can register with Icephorm.
Users must keep their location and registered address up to date as this is used to allow a buyer/seller to determine whether they have the correct details for payments and shipping.
All contact details must also be maintained to ensure that Icephorm can contact the user and send email alerts as required.
VAT and Taxation
If you are VAT registered and plan to sell through Icephorm, then you must open a Business Account. Icephorm does not allow VAT registered sellers to sell Pre-Loved items. If you are a business located in the EU, and your sales exceed €10,000 per annum, you must immediately notify Icephorm, as you will be responsible for collection of cross-border VAT made on sales to other EU countries.
If a seller is purchasing goods for re-sale and/or regularly selling through Icephorm, then you are classed as a Business and must open a Business Account and ensure that you are registered as a business in your own country.
All items listed on Icephorm must use inclusive pricing, so that the Buyer sees the full price for an item including any VAT and customs duty applicable.
Where required by the country that the items are being shipped to, Icephorm will deduct the relevant VAT from the amount paid for items sold through the site – it is therefore essential that sellers list their items in the correct category as this has implications for VAT treatment and is the only way of Icephorm determining the correct rate of VAT to be deducted.
Special care must be taken when listing items in the Children's (and Babies) categories. Ireland, Luembourg and the United Kingdom all allow a reduced (or nil) rate of VAT to be applied on sales of these items. However, there are different rules as to what qualifies as children's clothing in each country (such as maximum age and size, or materials used). For this reason, if you list an item in a children's category, then you are asked to specify whether the item meets that country's requirements for reduced (or nil) rate of VAT. If not ticked then Icephorm will market the items at standard rate VAT in those countries. Icephorm take no responsibility for ensuring that items listed in these categories meet the necessary requirements and the seller is fully responsible if reduced / nil VAT is applied in error.
For business sellers, when shipping goods cross-border, there are certain international thresholds below which Icephorm will pay applicable VAT to the relevant authorities on behalf of the seller. In this case, we display our IOSS or UK EORI number on the printed order. Use of these regulatory numbers on any other shipments is expressly prohibited; and as such those numbers should not be disclosed by the seller to any third party other than its courier. In the case of abuse, Icephorm will seek to recover the costs plus interest at 20% per annum until paid relating to any VAT for which Icephorm was not responsible from the seller.
Responsibilities of Users
Sellers are responsible for:
- ensuring that correct and up to date business details are provided including a telephone number which matches to the country that the business is registered in.
- only listing items which they have in stock and the right to sell, this includes not creating fake or overpriced listings as ‘placeholders’.
- not listing any controlled substances such as alcohol and tobacco; and ensuring that when listing items they are suitable for being sent by courier (check prohibited items detailed by the courier you will be using at the time).
- ensuring the accuracy of any listings they place on the website, and must ensure that they have the right to use any media or text which they upload to the website, whilst ensuring that they comply in full with our Ethics and with Advertising Standard Authority (and other regulatory) rules.
- ensuring that all items are safe and appropriate for the purpose to which they are advertised and meet requisite safety standards, such as the UKCA, CE Marking and flammability requirements
- ensuring that all prices quoted on the site include all applicable VAT and any customs duty.
- making refunds to any buyer in line with the principles of distance selling. In the case of Business Sellers, this means accepting all returns (except where prohibited) within the distance selling timescales. In the case of pre-loved sellers, this means accepting returns for any mis-described items.
By making refunds through the Icephorm system, we will credit any selling fees and adjust the stock levels as required.
- paying VAT/GST (or other sales tax) on sale of goods to any country where the seller is responsible for this under international laws. In the event that Icephorm is held jointly liable for any tax on items sold, sellers undertake to work with Icephorm to meet outstanding tax liabilities.
- not using shill accounts or other methods to artificially inflate prices on auction listings.
- setting delivery charges at reasonable rates for the service provided. Overcharging for delivery services could have a detrimental effect on the businesses and brands for both the seller and Icephorm. Icephorm reserves the right to take whatever action it deems necessary to protect its business. As such, shipping costs should be representative of, and no more, than the actual cost to the seller.
- responding to direct communication from Icephorm and messages from other users within two working days.
- notifying the buyer immediately, if the seller is unable to fulfil an order and needs to cancel it.
- ensuring the correct paperwork is included within all shipments (including full invoices even if an order is sent in several packets).
- ensuring that the address provided by the buyer on Icephorm is the address used for shipping. Icephorm are not responsible for changes to the destination country on shipping which may result in the incorrect rate of VAT being applied to a sale, nor are we responsible for any transactions where items are not shipped to the buyer's registered address.
Sellers also agree to provide buyers with an invoice if requested. This should be a VAT invoice if applicable.
Buyers are responsible for:
- only ordering items which they are able to purchase from their own funds.
- checking goods on receipt for faults or any errors (risk in the products passes to the buyer when items are delivered).
- confirming the process for returning items with the seller in the event of a refund or return.
- ensuring that where an item has been purchased from a different country, the same shipping handler is used to return an item as originally used by the seller.
- paying for items (in the case of winning an auction, a bid is considered a contract and the user is obliged to pay as soon as possible and no later than seven days from the end of the auction).
- ensuring that they do not avoid sales tax on goods sold to them including using someone else’s Stripe account or a different destination country to make use of reduced rates of taxation.
- responding to direct communication from Icephorm within two working days.
Promotions
Business users are able to join Icephorm promotions as well as create their own vouchers and promotions. Users are responsible for ensuring that items which they add to any promotion and/or voucher meets with appropriate laws for promotional offers.
Icephorm Promotions
These are percentage discount promotions. Applicable discounts are shown on the offer details page shop and on category/search results. If an item is subject to multiple promotions and/or discounts, then the best discount available to a potential buyer is shown.
At any time prior to the start of the campaign phase, Icephorm reserves the right to cancel the promotion. A seller can also decide to leave the promotion prior to that period as well and remove as many items from the promotion as they wish.
Once the campaign has commenced, there are strict limitations on sellers removing items from the promotion.
Business users can choose whether they wish to be informed of any upcoming Icephorm Promotions. Users will receive marketing notifications once the campaign has started (if they have opted in to receive these emails).
Seller Promotions
Business users can create their own promotions, with either a percentage or fixed discount on specific items. Icephorm automatically show these promotions in the user’s shop and on category/search results. Applicable discounts are shown on the product page. If an item is subject to multiple promotions and discounts, then the best discount available to a potential buyer is shown.
A user cannot change a promotion once it is in the active period.
Sellers must not operate a promotion where there are no applicable listings. This includes ensuring that items have previously been on sale at the original price as required by law.
Icephorm does not send any emails out to other users in connection with Seller Promotions.
Seller Vouchers
Business users cancreate vouchers, with either a percentage or fixed discount, or for free shipping. Sellers can opt to show these promotions in their shop but they are not shown anywhere else on the site.
A user cannot change a voucher once it is in the active period.
Sellers must not operate a voucher where there are no applicable listings. This includes ensuring that items have previously been on sale at the original price as required by law.
Icephorm does not send any emails out to other users in connection with Seller Vouchers.
A seller is responsible for promoting their own Vouchers. If a buyer wishes to use a Seller Voucher, then they must use the appropriate Voucher Code during checkout.
A buyer cannot use both a Voucher Code and a Promotional discount at the same time.
Shipping
To ensure the best buying experience, all items from cross-border sales must be shipped using an appropriate method with insurance where the seller assumes all of the responsibility, risk and costs associated with transporting items until the buyer receives them.
Any shipment abroad must include a copy of Icephorm’s invoice as this shows whether or not VAT has been collected. Each package from a partial shipment must also include a copy of Icephorm’s invoice for the full order.
In order to help keep customs duties to a minimum, sellers must include the relevant customs documentation with all packages (CN22 and CN23 for example) and include the correct place of manufacture of their items, as well as the tariff (HS) codes.
Sellers should confirm each shipment individually through the Icephorm platform so that the correct paper trail is maintained and VAT handled correctly.
Returns
Returns of items from cross-border sales should be via the same shipping handler used on the outbound route. The package should be clearly marked as “Return to Seller – unwanted item”.
Returns will not be accepted for the following types of item: Jewellery, Underwear, Bikini bottoms, Perishables.
Sellers and Icephorm are not responsible for any items returned by mistake or oversight, in that the buyer will be solely responsible for all costs and fees in sending the item back to the buyer.
Feedback and Ratings
We encourage users to leave feedback and ratings about items which they purchase through the site as this helps to build trust and highlight any issues.
Icephorm reserves the right to take steps, including temporary or permanent suspension of accounts and items where ratings fall below an acceptable level.
Disputes Between Users
In the first instance, most disputes will be dealt with directly by a seller. Buyers will need to return any goods to a seller and ask for a refund.
Icephorm can assist by arbitrating any dispute, and reserve the right to take steps, including temporary or permanent suspension of accounts and items where sellers or buyers fail to respond to messages within an appropriate timescale.
Business Trials
A business can open a trial account which provides a tariff-free period for testing whether Icephorm provides the right fit for their business. During the trial period, the business is allowed to list a number of items for free.
All other Icephorm fees including commission on items sold apply to trial accounts.
At the end of the trial, the business will need to either close their account or sign up to a new contract. If a new contract is not taken out, then all listings and any promotions set up by the user will end.
Business Tariffs
Any business selling through Icephorm has to sign up for a fixed contract term. This provides them with a number of inclusive listings for which they pay a monthly fee. Icephorm fees (excluding VAT) during this initial contractual term will remain unchanged for the duration of the contract.
A seller can change the date of the month when they are billed. Any change to the billing date is deemed to be a natural extension to the current contract period to cover the additional days required for adjustment.
Businesses may upgrade their contract at any time, but may only downgrade at the end of the agreed contract term.
A higher monthly contract applies at the end of the fixed term.
Icephorm Fees
Icephorm Fees, including rates of commission, are subject to change at any time upon reasonable notice. Wherever possible, Icephorm will provide at least 14 days notification to users when fees are due to change.
All users are responsible for paying Icephorm invoices within 14 days.
In the event that an invoice remains unpaid, Icephorm reserve the right to take steps to protect the reputation of Icephorm and longevity of the site, including temporary or permanent suspension of accounts and legal action to recover sums due.
Account Suspension
Icephorm reserves the right to suspend any user account at any time, be it for breaching these terms and conditions, or in the event of a suspected security breach. When suspended a user’s listings are also hidden from the site.
Account Closure
Once you ask to close your account, Icephorm initially only de-activate your account and any items you have listed for sale will continue to run, but will not be re-listed.
The account will become closed once all listings you have placed cease to run.
Liquidation/Administration of a User
Any user should notify Icephorm immediately if they become aware of any event which will lead to their administration and/or liquidation.
In the event of administration/liquidation, Icephorm will suspend a user’s account until such time as it is notified that the account needs to be closed.
Online Dispute Resolution
We work with sellers and buyers to resolve disputes between them. However, there is also the possibility of referring disputes with other users or Icephorm to the European Commission's Online Dispute Resolution platform.
We would, however, recommend that in the first instance you contact us for assistance.
Notification of Changes to This Policy
In the event that there is a change to this Policy, all registered users that have logged into Icephorm’s website during the previous six months will be contacted via their e-mail address on record. If this e-mail address is not valid, a written notice will be sent to the postal address on record.