RESTRICTION, SUSPENSION AND TERMINATION POLICY

We reserve the right to restrict, suspend and/or terminate your Account, Shopfront, or individual Product(s) in the event you breach the Agreement between us, or any other issues arise that we feel we need to handle through this Policy. Please read this Policy in conjunction with the Conditions. Remember that the Conditions and all the Policies together form the Agreement between us. 

This Policy sets out how we will decide the consequence of an issue that arises. In short:

• We will consider the severity and regularity of your breach(es) or issue(s).
• We will consider all relevant information we have about you, your history on the site including any previous breach(es) or issue(s), and your business.
• We will consider any legal issues and risks resulting from the breach or issue, and how this might impact Us and/or the Marketplace and/or any of the Hearst brands.
• We remind you that the Fees (for example your Joining and Annual Fee) are non-refundable except as otherwise set out in the Agreement between us. In the event we take any action set out in this Policy, you will not be entitled to a refund on any Fees, including Commission Fees and any outstanding Fees will remain payable.

Where appropriate, we will follow the steps set out below to try to find a solution that works for us both. Our decision is always final and, except as set out below, we will not enter into any further correspondence with you. The examples set out below are illustrative only and not exhaustive.

Whatever the stage, please remember to treat all communications from us as confidential and important and promptly respond or take the action we ask you to take. Don’t forget to update your email address if it changes as we will use the email address you have provided to us to contact you.

1. Where appropriate, in the first instance, we will endeavour to work with you to resolve any disputes or issues and find a constructive solution without having to take action that is disruptive to the Marketplace. We’ll get in touch with you by email explaining the rectification or amendments we need you to make. You’ll have two (2) Business Days to make the amendment(s) or provide an explanation.

For example, if we spot a minor issue or are made aware of a small complaint that we think can be easily rectified by You, we’ll get in touch with You to let you know what you need to do to correct it.

2. Removal of a Product/particular Shopfront Content. If we find out that there has been a breach of the Agreement between us, and either you’ve failed to rectify it as set out in step 1 above, or we think it needs more urgent attention from us, we might access your Account and remove the relevant part of the Shopfront Content, or a Product or Listing. We will send you an email on or before the date that this comes into effect with the reasons for our decision and, unless we instruct you otherwise, any pending orders must continue to be fulfilled.

For example, if a Product description is not accurate and you’ve failed to rectify it after we’ve asked you to, we might take down that Product from your Shopfront.

3. Temporary Restriction/Suspension. If we feel that steps 1 and 2 are not sufficient or appropriate to handle an issue, or if you repeatedly ignore our instructions or communications, or repeatedly breach the Agreement, we may temporarily restrict or suspend your Shopfront and/or your Account until a full investigation has taken place. We will send you an email on or before the date that this comes into effect with the reasons for our decision. Unless we instruct you otherwise, any pending orders must continue to be fulfilled.

For example, You regularly cancel Orders without reason or otherwise fail to fulfil Orders or there are product liability claims in relation to your Product(s).

4. If we’ve been through steps 1-3 without resolving the issue to our satisfaction, or if we feel that steps 1, 2 and/or 3 would be insufficient to handle a particular issue, then we might remove you, your Products and Shopfront from the Marketplace entirely, and terminate your Account and the Agreement between us. For the avoidance of doubt, in this event, Your Shopfront, including Product listings and company details will be removed from the Marketplace. We will send you an email at least 30 days’ before termination comes into effect with the reasons for our decision, unless there’s a legal reason why we don’t have to do so (please refer to clause 11.4 of the Conditions). We will include in this email whether and how you can challenge our decision. During those 30 days, your Account will be suspended and any pending orders will be cancelled. We’ll only do this as a last resort or in extreme circumstances.

For example, you sell illegal items on the Marketplace, or misuse personal data you receive through selling on the Marketplace or do something that damages our reputation or bring you or your business into disrepute.