Terms of Service

SOBAYHA

Please read these terms of service ("Agreement" or "Terms & Conditions") carefully before using the website and services offered by My Precious Limited (“My Precious”). The Agreement sets out the legally binding terms and conditions for your use of the website at www.sobayha.com (the "Site") and all services provided by My Precious on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, contributors of content, information and other materials or services on the Site.

My Precious via the Site provides a platform to users, who comply with My Precious’s terms and conditions, to offer, sell and buy new or pre-owned bridal wear and other occasion clothing and accessories within a fixed price format. My Precious therefore has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. My Precious does not pre-screen content or information provided by users. My Precious cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, My Precious does not transfer legal ownership of items from the seller to the buyer.

My Precious cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site.

You agree that the Site provided by My Precious is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site and the associated services at your own risk.

Registering on the Site

Age: The Site and its services can be used by and can only be available to individuals who are 18 years and older who can form legally binding contracts under applicable law. You consent that you are at least 18 years old and that all registration information you submit is accurate and truthful. 

Where law and jurisdiction permits My Precious may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by My Precious’s terms and conditions as stated in the Agreement and the My Precious terms and conditions listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by My Precious, each of which is incorporated herein by reference and each of which may be updated by My Precious from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions published by My Precious from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify My Precious of any unauthorised use of your password or any breach of security. You also agree that My Precious cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than My Precious without My Precious’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the Site you must provide and maintain a valid PayPal account and postal address.

Account Transfer: You may not transfer or sell your Site account and Username to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: My Precious reserves the right to refuse service to anyone at any time. My Precious’s services are not available to temporarily or indefinitely suspended Site members. My Precious reserves the right, in My Precious’s sole discretion, to cancel unconfirmed or inactive accounts.

Fees and Services

Worn once sellers (sellers that are selling worn or pre-owned items within the Worn Once section of the Site) can list for free, except where they select additional features that will be charged at the associated fees. Designers will be charged a monthly subscription fee for their online store on the Site. All sellers will be charged a sales fee (whether a worn once seller or a designer) when their item sells. This sales fee will be a percentage of the sales price when the item sells.

My Precious’s Services and fees, which are subject to change, are incorporated into this Agreement by reference. My Precious is required to provide you with at least thirty (30) days notice if increases are made to the My Precious Services and Fees and posted to the Site, unless they are for promotional events; in which case the changes are effective immediately from the point these temporary promotional events are posted to the Site or notified to you. My Precious can decrease the fees at any point with no notice. My precious may, at its sole discretion, change some or all of My Precious’s services at any time. In the event My Precious introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in UK Pounds (GBP).

You are responsible for paying all fees and applicable taxes associated with using the Site. The monthly subscription due by Designers must be paid by standing order on the date agreed with My Precious on your signed Designer Agreement. The sales fee due by all sellers when their item sells will be taken via pre-approved payments from their PayPal account.

Fees and Termination: If My Precious terminates a listing or your account, if you close your account, or if the payment of your Site fees cannot be completed for any reason, you remain obligated to pay My Precious for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account. If you have a question or wish to dispute a charge, contact My Precious.

Seller Accounts

By registering as a seller, be it a Worn Once or Designer seller, and by accepting these Terms of Service, you agree to pre-approve My Precious to deduct the sales fee due when an item sells from your registered PayPal account. 

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with My Precious’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exceptions being colour or size variations details of which must be included on the listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding the Site transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on the Site outside of the Site, such as directly through PayPal. This may also constitute fee avoidance.

Prohibited, questionable and infringing items and activities

You are solely responsible for your conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.

Restricted Activities: Your Content and your use of the Site:

Must not be false, inaccurate or misleading Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, My Precious’s Copyright Policy) Must not violate this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) Must not contain items that have been identified as hazardous to consumers Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including My Precious staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device Must not be obscene Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information Must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with My Precious; Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on the Site.

Furthermore, you must not list any item on the Site (or conclude any transaction that was initiated using My Precious’s service) that, by paying to My Precious a sales fee, could cause My Precious to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.

Returns & Refunds

Returns and refunds are between the buyer and seller and My Precious has no involvement in this, except when the item is part of the Sobayha range. Sellers define their own return & refund policy and will be located on each item page in the Delivery & Returns section. All buyers should read this. A buyer, by entering into a sale has accepted these terms.

If a refund is to be made, it is the duty of the seller to return the full amount paid by the buyer. The buyer will only request the refund from the seller. The seller can then, by submitting proof of the refund to My Precious, reclaim a refund for the sales fee that was deducted.

For example, if a buyer purchased an item for £10 plus £2 delivery, a sales fee of £1.50 will be taken from the seller (sales fee of 15% x £10). If the buyer requests a refund and delivery charge is to be refunded too, the seller needs to refund £12. The seller can then request their sales fee refund of £1.50 from My Precious.

Content

License: My Precious does not claim ownership rights in your Content. You grant My Precious a licence solely to enable My Precious to use any information or Content you supply My Precious with so that My Precious is not violating any rights you might have in that Content. You grant My Precious a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow My Precious to store or re-format your Content on the Site and display your Content on the Site or its associated social media in any way as My Precious chooses. My Precious will only use personal information in accordance with My Precious’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Site user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Site -related communications. My Precious has not granted you a licence to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Site user to your email or physical mail list. For more information, see My Precious’s Privacy Policy.

By uploading images to the Site, you agree that My Precious has the right to use your images to promote the Site and/or your online store on it’s associated social media pages and in any external press.

Re-Posting Content: By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold My Precious harmless for any dispute concerning this use. If you choose to display your own My Precious - hosted image on another website, the image must provide a link back to its listing page on the Site.

Messaging

Messaging is your way to communicate privately with other Site members. It’s essentially email, but purely for Site members. Messages are primarily intended for communicating about transactions and orders that are underway.

  • You must not use Messages to send unsolicited advertising or promotions, requests for donations or "spam”, or pass on email addresses or any other information on to third parties.
  • Please use common sense when giving out personal information to others via messaging, don’t send someone all your credit card details.
  • You must not use messages to knowingly harass or abuse another member.
  • If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
  • You must not use Messages to interfere with a transaction. This means…
    • You must not contact another member to buy or sell an item listed on the Site outside of the Site. This may also constitute fee avoidance.
    • You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

Information Control

My Precious does not control the Content provided by users that is made available on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks dealing with international trade. By using the Site, you agree to accept such risks and that My Precious (and My Precious’s officers, directors, agents and employees) is not responsible for any acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using My Precious, its Site and services.

Other Resources: My Precious is not responsible for the availability of outside websites or resources linked to or referenced on the Site. My Precious does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that My Precious shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Interactions with other users

Users are solely responsible for interactions with others. Users understand that My Precious does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Resolution of disputes and release

In the event a dispute arises between you and My Precious, please contact My Precious.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release My Precious (and its officers, directors and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

All disputes relating to transactions can be raised with PayPal. This should be a last resort and every attempt to solve the problem first by communicating with the buyer or seller directly should be made. My Precious does not get involved in dispute resolution, but appreciates being notified when a dispute matter arises, as repeated occurrences of this by a user would be made note of and any consequential action may be taken at My Precious’s sole discretion.

Intellectual Property

The Site, and other Site graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of My Precious Ltd. My Precious’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach

My Precious may, without notice, and without refunding any fees, delay or immediately remove Content, warn My Precious’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  • My Precious suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
  • My Precious is unable to verify or authenticate any of your personal information or Content
  • A user has engaged in improper or fraudulent activity in connection with My Precious and it’s Site or the actions may cause legal liability or financial loss to My Precious users or to My Precious

Privacy

Except as provided in My Precious’s Privacy Policy My Precious will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

No Warranty

MY PRECIOUS, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE MY PRECIOUS’S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MY PRECIOUS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MY PRECIOUS SHALL CREATE ANY WARRANTY.

Liability Limit

IN NO EVENT SHALL MY PRECIOUS, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MY PRECIOUS’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

MY PRECIOUS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MY PRECIOUS’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MY PRECIOUS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) £100.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD MY PRECIOUS AND (AS APPLICABLE) OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

My Precious does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside My Precious’s control.

We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any My Precious service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and My Precious are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Service

My Precious reserves the right to modify or terminate the My Precious service for any reason, without notice, at any time. My Precious reserves the right to alter these Terms of Services or other Site policies at any time, so please review the policies frequently. If My Precious makes a material change My Precious will notify you here, by email, by means of a notice on our home page, or other places My Precious deems appropriate. What constitutes a "material change" will be determined at My Precious’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

Survival

All sections shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices to My Precious shall be given by post to My Precious Ltd; 7 Albert Road, Bolton, BL1 5HE, or, in your case, to the email address you provide to My Precious (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, My Precious may give you notice by post to the address provided to My Precious. In such case, notice shall be deemed given three days after the date of posting.

For issues with intellectual property, please provide the notice as specified in My Precious’s Copyright Policy.

Disclosures

The services hereunder are offered by My Precious Ltd, 7 Albert Road, Bolton, BL1 5HE