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BUYER TERMS OF SERVICE

Last modified: 2016/02/15

Please read the following carefully. The terms below form a binding contract between you and Rakuten which governs your use of Rakuten's services. We will commence providing the Services to you immediately on your acceptance of this Agreement. You expressly acknowledge and agree that you will not be able to withdraw from this Agreement other than as set out below once the Services have commenced.

WHO YOUR CONTRACT IS WITH
  • This contract (the "Agreement") is between you and Rakuten Europe S.à.r.l. ("Rakuten"), registered under number B136664 at the Luxembourg Trade and Companies Register, with the VAT number LU22375408. You can contact Rakuten at:

    Address: 2 Rue du Fosse, Luxembourg, L-1536, LUXEMBOURG

    Email: customercare@rakuten.co.uk

    Unless expressly stated, no third party has any rights under this Agreement.

  • We allow third parties to operate stores, provide services, or sell products via the Services. All such third parties are identified to you on the Services. In addition, we may provide links to the services of affiliated companies and third parties. We are not responsible for examining or evaluating, and we do not promise anything in respect of those third parties or their services. We do not provide or control their services or actions and they are not a party to this Agreement. At no stage does Rakuten have possession of anything listed or sold through the Services.

THE SERVICES COVERED BY THESE TERMS
  • This contract covers the following services (together the "Services") offered by Rakuten.
    • Marketplace
    • Rakuten Mail
    • SuperPoints
  • Information on how to use these Services can be found here.
  • Other members of the Rakuten Group of companies may be involved in providing the Services to you. All members of the Rakuten Group are intended to benefit from Rakuten's rights under this Agreement, but are not parties to this Agreement.
YOUR ACCOUNT
  • In order to use the Services you need to open an account with us (your "Account"). Details on how to open and manage your Account can be found here. You can only have one Account with Rakuten.
  • Please make sure that the details you provide to us in your Account are accurate, complete and up to date. This is your responsibility.
  • You are also responsible for taking all reasonable steps to safeguard the security of your Account, including keeping your password confidential. Information about how to keep your Account secure can be found here.
  • We will primarily communicate with you by e-mail. You acknowledge that you will communicate electronically with us. You agree to receive any communications from us electronically and that all agreements, notices, disclosures and other communications made between us electronically satisfy any legal requirements that such notices be made in writing. It is your responsibility to ensure you are able to receive e-mails from us. Any communications from us will be subject to our Privacy Policy.
  • We reserve the right to suspend or terminate your Account immediately if you are in breach of this Agreement. You can terminate your Account by writing to our registered address or emailing us at customercare@rakuten.co.uk. Upon your request, we will close your account as soon as reasonably possible, subject to the status of your Account.
  • We also reserve the right to cancel Accounts that have been dormant for more than twelve (12) months.
MAKING A PURCHASE ON MARKETPLACE
  • Marketplace allows you to buy products from third party sellers ("Merchants"). How to buy products can be found here.
  • If you do choose to buy something, this is a separate transaction from your use of the Services and you enter into a separate contract ("Terms of Sale") with the Merchant. Rakuten is not a party to the Terms of Sale, though it is a third party beneficiary of the Terms of Sale and is entitled to enforce any terms in the Terms of Sale which are intended to benefit Rakuten. Rakuten is not an agent for any Merchant.
  • Your Terms of Sale with the Merchant is formed when you receive an email from Rakuten confirming that the Merchant has dispatched your purchase to you.
  • When you click on the "Pay Now" button, you authorise us to charge your payment method for the purchase. Information on the payment methods that you can use to pay Merchants can be found here. For the avoidance of doubt, Rakuten is not providing any payment service to you.
  • The relevant Merchant is responsible for the products that they sell to you, including delivery, any information that they provide you or claims that they make about the product, dealing with any complaints that you may have, and refunds. Details on how to contact Merchants can be found here.
  • You should not pay a Merchant directly for any transaction.
  • Any information provided in respect of a product is not intended to be medical advice and are not intended to diagnose, treat, cure or prevent any condition or disease. We strongly recommend that if you are taking medicinal products and or suffer from any form of medical disorder that you consult your doctor prior to purchasing or using any products offered for sale on Marketplace.
  • Rakuten does offer a limited guarantee in relation to sales by Merchants on Marketplace. In the event of a dispute with a Merchant, you should contact the Merchant in the first instance, and use good faith efforts to resolve the dispute with the respective Merchant. In the event that you cannot resolve a dispute with a Merchant directly, you may be able to make a claim under our Rakuten.co.uk Marketplace Guarantee. How to make a claim under the Rakuten.co.uk Marketplace Guarantee can be found here.
  • In the event that you are unable to resolve the dispute with the Merchant you may appeal to us for a refund under the Rakuten.co.uk Marketplace Guarantee. We will examine your case within a reasonable timeframe. As part of our investigations, you may be required to submit further information regarding the sale, warrant that the information you provide is fair and true and/or return the item to us. You should return the item to the Merchant if it is defective or not as described by the Merchant, or if you claim non-delivery of the item which subsequently arrives (unless we have requested that you return the item to us).
  • Claims cannot be made under the Rakuten.co.uk Marketplace Guarantee if (a) you have already made a Rakuten.co.uk Marketplace Guarantee claim in respect of the same item; (b) you have already been refunded in full in respect of the item; (c) the Merchant has been declared bankrupt or has otherwise gone out of business; or (d) you have already made three Rakuten.co.uk Marketplace Guarantee claims before. Once you have submitted three Rakuten.co.uk Marketplace Guarantee claims, you will no longer be entitled to use the Services.
  • If we are unable to resolve a complaint that you make to us within eight weeks you can take your complaint to The Retail Ombudsman. This is an independent organisation, which specialises in providing Alternative Dispute Resolution services for consumers and retailers. As members of the organisation, we are bound by their code of practice and they can be contacted via:
SUPER POINTS
  • Super Points is Rakuten's customer loyalty scheme, which is available if you have an Account with us. Super Points can be spent with Merchants. Details on how Super Points work can be found here.
  • If you have an Account with us, you can earn Super Points on all purchases made via the Services. Super Points may be earned on qualifying pre-order purchases. The number of Super Points earned will be calculated based on the each item price paid by you. The number of Super Points will earned will be rounded down to the nearest whole number (e.g. if an item costs £1.39, you will earn 1 Super Point). If you cancel your order, Super Points cannot be earned on that purchase and any Super Points already awarded will be void.
  • Super Points have no cash value and may not be assigned, transferred or redeemed for cash. If you return an item that you have purchased using Super Points and receive a refund for that item, those Super Points will be recredited to you. You will not receive a cash refund in respect of those Super Points.
  • Your Super Points will expire one (1) year from the date that you last Super Points were issued to you, provided that we have given you reasonable notice reminding you that your Super Points will expire if not used.
  • Your Super Points will expire upon closure of your Account for any reason.
YOUR PROMISES
  • You promise that you are over the age of 18 and can lawfully enter into a binding contract. If you are under 18, you may still use the Services provided that you are over 13 and have a parent or guardian's consent. If you are under 18 you are prohibited from buying certain products not appropriate for minors (eg alcohol, 18+ content, etc) via the Services.
  • You promise that you will not use the Services for anything unlawful. In particular, you promise that you will be courteous and will not use any Services to send, list, distribute or otherwise divulge any material that is illegal, objectionable, misleading, false, defamatory, obscene, abusive, menacing, threatening, otherwise injurious or in breach of third parties' privacy or any intellectual property rights. Any communications from you will be subject to our Shop Review Policy and Acceptable Use Policy.
  • You promise that you will not knowingly or negligently cause any Service to be impaired, interrupted or damaged, including without limitation promising to take all reasonable steps to avoid introducing viruses, malware or other such items to Rakuten's systems or other users.
  • You promise not to use the Services for political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
  • The Services may allow you to post reviews and other feedback. You are responsible for the information that you post. You promise that you have the rights necessary to post any information that you do. Rakuten has no obligation to publish or keep up your review / feedback, but if it does you grant to us all rights we need to do so, including without limitation a non-exclusive, royalty-free, fully sub-licensable, assignable and transferable, irrevocable, worldwide license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, display, attribute to the name you use in connection with your submission of the content and otherwise use any such content posted by you in any media in perpetuity. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights including the execution of deeds and documents, at our request.
  • You can report any inappropriate content on the Services by emailing us at customercare@rakuten.co.uk.
RAKUTEN'S PROMISES
  • We promise to use reasonable skill and due care in providing the Services to you.
  • We strive to ensure that the information on our Services is accurate and we will do our best to correct errors and omissions in as quickly as practicable after being notified of them.
  • Beyond that, we do not make any promises, express or implied, about the Services, which are provided to you 'as is'. In particular, we do not promise anything in respect of (a) the products that you buy from Merchants; (b) the accuracy of any of the information provided by the Merchants or Rakuten via the Services; or that (c) the Services will meet your requirements, be always available or be error free.
INTELLECTUAL PROPERTY AND OTHER RIGHTS
  • Please note that all content, including without limitation graphics, logos, button icons, text, images, audio clips, digital downloads, data compilations and software made available by Rakuten on or via the Services is the property of the Rakuten Group or its licensors. Rakuten, SuperPoints and other registered and unregistered trademarks and branding used in connection with the Services are the property of the Rakuten Group and may not be used without prior permission.
  • We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and make personal and non-commercial use of the Services. Any right not expressly granted is expressly reserved. Without limitation to this reservation of rights, this licence expressly excludes modifying, distributing, copying, reproducing, republishing, selling, making any derivative works from or extracting or utilising parts of the Services; deep linking to the Services without our express written consent; any framing or similar techniques of the Services; using any meta tags or other tags; any unauthorised collection and use of buyer e-mail addresses or other information, ratings, feedback or listings, or any data extraction or data mining. This licence automatically terminates if you breach this Agreement.
  • The use of data mining, robots, crawlers or any similar software or similar data gathering and extraction tools to extract data from the services is expressly prohibited without prior consent.
  • If you believe that a Merchant is infringing your rights, please contact the Merchant at first instance. If you are unable to resolve your dispute directly with the Merchant, please notify Rakuten by emailing us at customercare@rakuten.co.uk.
PRIVACY
  • Please review our Privacy Policy for information about how we use your personal data. Please review our Cookies Notice for information on how we use cookies.
CHANGES TO THE SERVICES OR THIS AGREEMENT
  • In order to provide you with the best experiences and services, our Services are constantly evolving. We will give you reasonable notice of any material changes to our Services. Those changes will not affect past purchases. If you are not happy with any of the changes we make, you are free to stop using the Services.
  • From time to time we will also need to make changes to this Agreement. We will give you reasonable notice of any changes to this Agreement. Those changes will not affect past purchases. If you are not happy with the changes we make, you are free to terminate this Agreement.
WHAT IF THINGS GO WRONG?
  • Neither we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) nor you will be liable to the other in contract, tort (including negligence) or otherwise for: (i) loss of profits; (ii) loss of data; (iii) intangible losses; or (iv) any indirect, incidental, special and consequential damages, arising out of or in connection with this Agreement and/or your use of or inability to use the Services.
  • Nothing in this user agreement limits or excludes either your or Rakuten's liability for fraud, for death or personal injury resulting from negligence or for any other liability that cannot be limited or excluded by law.
  • You expressly acknowledge that we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not a party to and have no responsibility for any transaction between you and a Merchant.
  • This Agreement and any dispute or claim arising out of or in connection with it or your use of the Services (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Grand-Duchy of Luxembourg, save and unless your local mandatory consumer law provides you with different rights.
  • Any dispute between us is subject to the non-exclusive jurisdiction of the courts of Luxembourg.
COMMUNICATIONS
  • We will send notices and other communications to you at the e-mail address you have provided to us. We will also from time to time provide information to you by way of a notice on the Services. Any communications from us will be subject to our Privacy Policy.
  • You should send all notices and other communications to us by using the contact details above.
  • Any notices sent by e-mail or to us to customercare@rakuten.co.uk will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post to us or to you at the address held on your account will be deemed to have been received on the next working day (being a day other than a Saturday, Sunday or public holiday in England, Luxembourg or your place of usual residence). Any notices provided on the Services will be deemed to have been received by you the next time you use the Services and are presented with the notice.
OTHER
  • We reserve the right to take such action as we think appropriate in the event that you breach this Agreement. If we do not exercise a right available to us under this Agreement, this does not constitute a waiver of our rights.
  • If any term of this Agreement is held invalided, void or unenforceable by a court or regulator, that term will be severable and will not affect the validity and enforceability of the remaining terms of this Agreement.
  • You may not assign or otherwise transfer this Agreement or any rights or obligations under it without our prior written consent. We may assign or transfer this Agreement, or any rights or obligations under it, on reasonable notice to you.
  • We may temporarily suspend your access to the Services in order to carry out maintenance, repairs, upgrades or to remove, add or alter our Services.
  • You and Rakuten are independent contractors, and nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative or employment relationship between us.
  • All provisions in this Agreement, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this Agreement.
  • Neither you nor Rakuten will be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
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