Riwaya - Terms and conditions of use

1.      Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register a seller account with our website, submit any material to our website or use any of our website business services, we will ask you to expressly agree to these terms and conditions.

2.      Copyright notice

2.1    Copyright (c) 2025 Riwaya.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    our website and the material published on it are protected by copyright laws and treaties around the world. All such rights are reserved.

3.      Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website, where available, using any relevant media player found on our website; and

(e)    use our website services, by means of a web browser,

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal OR business purposes, when registered; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. You cannot modify the paper or digital copies of any materials you have printed or downloaded in any way. In addition you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter or relevant marketing material in both print and electronic form to any person.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during routine server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

3.8    The user is responsible for ensuring that all persons who access the website through the user’s internet connection are aware of the terms of use  and that they comply with them.

3.9    Riwaya maintains the status (and that of any licensors or other identified contributors) as the authors of content on the website and must always be acknowledged by the user.

3.10  If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.      Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

4.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.      Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

        to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6.      Buyer registration and accounts

6.1    This Section 6 applies to buyers and prospective buyers.

6.2    You may register for a buyer account with our website by completing and submitting the steps on the account registration form on our website.

7.      Seller registration and accounts

7.1    This Section 7 applies to sellers and prospective sellers.

7.2    You may register for a seller account with our website by completing and submitting the account registration form on our website, and going through the onboarding flow prior to gaining access to your seller account.

7.3    You must go through the necessary verification checks to complete your account.

7.3    You must keep your seller account information up to date.

8.      User login details

8.1    If you register for an account with our website, you will be asked to choose a user ID and password.

8.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person. 

8.3    You must keep your password confidential.

8.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9.      Cancellation and suspension of account

9.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any additional services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology. Refund is referring to any payments to the marketplace in relation to any additional services and is not referring to any fees related to base marketplace commission.

9.2    In the case that you may cancel your account on our website, you may do so by letting us know as soon as you wish to cancel your account. You will be entitled to a refund if you cancel your account and you are part way through a service, in accordance with this Section 9.2. We are entitled to charge reasonable compensation to cover any fees that have incurred in providing the service. Refunds are in reference to the explanation found in Section 9.1.

10.    Seller stores

10.1  If you register with our website as a seller, you will be able to create your own mini-store on the website.

10.2  Seller stores that are submitted will be individually reviewed within 3 days following submission.

10.4  Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.

10.5  If we permit the publication of a seller store, it will remain published on our website for the relevant period set out on our website from time to time, subject to these terms and conditions.

11.    Seller listings

11.1  If you register with our website as a seller and create a store on the website, you will be able to submit listings to the website.

11.2  To create a listing on our website, you should take the following steps: 

        1) Click on the ‘products’ menu

        2) Select ‘products’ 

        3) Click on the ‘+’ sign

        4) Fill in all the relevant details regarding your listing

        5) Submit your listing and wait for product review

11.3  Listings that are submitted will be individually reviewed within 3 days following submission. They must have completed all necessary information and FAQs prior to being considered for approval.

11.4  Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

11.5  If we permit the publication of a listing, it will remain published on our website indefinitely unless your account is closed or there is otherwise found to be a problem with the relevant publication, as per the provisions of clause 19.8.

11.6  Listings submitted to our website must be true, fair, complete and accurate in all respects. 

11.7  Listings submitted to our website must constitute bona fide listings relating to the spirit of the platform.

11.8  Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

11.9  You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available. Routine failure to do so, may lead to removal from the platform.

11.10 You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.

12.    Product rules

12.1  You may not use our website to advertise, buy, sell or supply services, intangible products. Downloadable products that can place within our categories and values are allowed. 

12.2  You must not advertise, buy, sell or supply through our website any product that: 

(a)    breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b)    consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 20; or

(c)    is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

13.    The buying and selling process

13.1  You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered or guest website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:

(a)    a buyer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;

(b)    if the buyer is a new user, he or she must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details; otherwise, the buyer may proceed as a guest user

(c)    once the buyer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of sale;

(d)    the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer's payment to the seller; buyers must submit payment in full via credit or debit card;

(e)    the website will then send to the buyer an automatically generated acknowledgement of payment; 

(f)    once the seller has checked whether it is able to meet the buyer's order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and the buyer) or the seller will confirm by email that it is unable to meet the buyer's order.

14.    Terms and conditions of sale

14.1  Sellers must use the website interface to create legal notices applying to their relationships with customers. 

14.2  A seller must ensure that: 

(a)    the seller's legal notices are sufficient to meet the seller's legal disclosure obligations and other legal obligations;

(b)    to the extent required by applicable law, the seller registers with relevant tax authorities and pays all relevant taxes in relation to the seller's product sales; and

(c)    the seller complies with all other laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

14.3  Except to the extent that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law), the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller: 

(a)    the price for a product will be as stated in the relevant product listing;

(b)    delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;

(c)    deliveries of products must be made within 30 days following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree;

(d)    appropriate means of delivery of products must be used by the seller; and

(e)    products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.

14.4  If the seller is a trader and the buyer is a consumer, the provisions of Section 15 shall be incorporated into the contract of sale and purchase between a buyer and a seller.

14.5  Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

15.    Distance contracts: cancellation right

15.1  This Section 15 applies if and only if the seller is a trader (a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

15.2  The buyer may withdraw an offer to enter into a contract with a seller through our website or cancel a contract entered into with a seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of the buyer's offer; and

(b)    ending at the end of 14 days after the day on which the goods come into the buyer's physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer's physical possession or the physical possession of a period identified by the buyer to take possession of them).

15.3  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 15, the buyer must inform the seller of the buyer's decision to withdraw or cancel (as the case may be). The buyer may inform the seller by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller using the cancellation form that we or the seller will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

15.4  If the buyer cancels a contract on the basis described in this Section 15, the buyer must send the products back to the seller (to the address specified by the seller on our website) or hand them over to the seller or a person authorised by the seller to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the seller of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.

15.5  If the buyer cancels an order in accordance with this Section 15, the buyer will receive from the seller a full refund of the amount you paid to the seller in respect of the order including the costs of delivery to the buyer, except:

(a)    if the buyer chose a kind of delivery costing more than the least expensive kind of delivery that the seller offers, the seller reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the seller offer; and

(b)    as otherwise provided in this Section 15.

15.6  If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the seller may recover that amount from the buyer up to the contract price. The seller may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct to the seller. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

15.7  The seller will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

15.8  Unless the seller has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 15 within the period of 14 days after the day on which the seller receive the returned products or (if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products back. If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the withdrawal or cancellation.

15.9  The buyer will not have any right to cancel a contract as described in this Section 15 insofar as the contract relates to:

(a)    the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by the buyer;

(b)    the supply of products the price of which is dependent upon fluctuations in financial markets which the seller cannot control and which may occur during the cancellation period;

(c)    the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(d)    the supply of goods which are liable to deteriorate or expire rapidly;

(e)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised;

(f)    the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer;

(g)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery;

(h)    the supply of goods which give an immediate access and (or) is downloadable in nature.; and

15.10  If there is a dispute between a buyer and seller in relation to a purchase, which the parties cannot rectify despite using their reasonable endeavours to do so, the buyer and/or the seller may raise a ticket with us via any relevant contact form to provide mediation services to assist the buyer and seller with communication and resolution of any issues. If such a ticket is raised and we are asked to provide such services, you agree to comply with the terms of this clause 15.10 and authorise us to make a final decision on any individual case

Actions taken following mediation can include:

Where an issue is resolved in the buyer’s favour or the seller is found to be at fault, the seller may choose or will otherwise be required to reimburse the buyer in full or in part and the buyer may be required to return any items received by the seller, at the seller’s expense.  For this purpose, you, in the capacity of a seller authorise and instruct us to: collect from you, the amount required to reimburse the buyer; or (if we are unable to collect the relevant amount), increase the commission payable by you to cover the cost of reimbursing the buyer.

Where an issue is resolved in the seller’s favour or the buyer is found to be at fault, we may remove or restrict the buyer’s ability to provide feedback on the particular product in question.

We may suspend or otherwise refuse to provide mediation services without notice, if we suspect in our reasonable opinion that any party has provided false, inaccurate or misleading information or is otherwise abusing the service.

16.    Marketplace fees

16.1  Marketplace sellers must pay to us the following amounts: 

 (a)   commission in respect of each sale made through our website.

16.2  In respect of fees payable to us by sellers: 

(a)    the fees will be as specified on our website from time to time; and

(b)    the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.

16.3  In respect of commission payable to us by sellers: 

(a)    commission shall be payable at the rate of 5% of aggregate sales value (excluding VAT, sales taxes and delivery charges) and will be taken at the point of sale;

(b)    we shall deduct commission due from amounts held or processed by us on behalf of the seller; and

(c)    the platform will act as an intermediary and will take the commission directly after every order.

16.4  The seller acknowledges that we may be required by applicable law to make VAT-related or other tax-related deductions to payments processed by us on behalf of a seller under these terms and conditions. We may remit such deducted amounts to the relevant government or tax authorities. Within 5 days following the sending of a request by us to the seller, the seller must pay to us or reimburse us in respect of such amounts and, without prejudice to our other rights under these terms and conditions, we may deduct such amounts from payments due to the seller under these terms and conditions.

16.5  Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us under or in relation to these terms and conditions. We may supply such information and/or documentation to relevant government and tax authorities.

16.6  We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

16.7  We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

17.    Payments

17.1  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

17.2  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: 

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 17.3 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 17.3.

17.3  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

17.4  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

17.5  Payments will be made to sellers immediately if the buyer chooses to use PayPal as their payment method. If the buyer chooses to use credit/debit card then payments will be made to the seller on a bi-weekly basis. The seller can request for one-off payments to be made earlier.

18.    Our role

18.1  You acknowledge that:

(a)    we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b)    we do check, audit or monitor the information contained in listings;

(c)    we are not party to any contract for the sale or purchase of products advertised on the website;

(d)    we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers; 

(e)    we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

18.2  The provisions of this Section 18 are subject to Section 23.1.

19.    Our rights to use your content

19.1  In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

19.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in connection with the marketing of the service provided by the website only, in any existing or future media. 

19.3  You grant to us the right to sub-license the rights licensed under Section 19.2 for marketing purposes relating to the platform only.

19.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 19.2.

19.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

19.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

19.7  You grant us the right to potentially edit your content (but not the price, specifications or images) to prior to listing it on our website to ensure aesthetic consistency with the platform or to remove circumstances of any inappropriate or offensive material. You will be given reasonable notice and information prior to any changes made.

19.8  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

20.    Rules about your content

20.1  You warrant and represent that your content will comply with these terms and conditions.

20.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

20.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)    be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

20.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

20.5  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

20.6  You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

20.7  You are deemed to be solely responsible for securing and backing up your own content.

21.    Report abuse

21.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

21.2  You can let us know about any such material or activity by email.

22.    Limited warranties

22.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

(e)    that the website will be uninterrupted

(f)    that the site will be secure or free from bugs and viruses

22.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

22.3  To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

22.4  You are responsible for configuring your own virus protection software, computer programmes and platform to access the website 

23.    Limitations and exclusions of liability

23.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

23.2  The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions: 

(a)    are subject to Section 23.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

23.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

23.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

23.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

23.6  We will not be liable to you in respect of any loss or corruption of any data, database or software[, providing that if you contract with us under these terms and conditions as a consumer, this Section 23.6 shall not apply].

23.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a consumer, this Section 23.7 shall not apply].

23.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

23.9  If you a consumer and we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us at the time

24.    Indemnity

24.1  You hereby indemnify us, and undertake to keep us indemnified, against: 

(a)    any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of [your use of our website or any breach by you of any provision of these terms and conditions]; 

(b)    any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.

25.    Breaches of these terms and conditions

25.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

25.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

26.    Third party websites

26.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks should not be interpreted as approval by us of those linked websites or information that may be obtained from them.

26.2  We have no control over third party websites and their contents, we accept no responsibility for them or for any loss or damage that may arise from your use of them.

26.3  This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

27.    Trade marks

27.1  Riwaya, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

27.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

28.    Variation

28.1  We may revise these terms and conditions from time to time.

28.2  We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

28.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

29.    Assignment

29.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that any assignment or transfer of your rights will not affect the consumer’s rights under the contract.

29.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

30.    Severability

30.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

30.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

31.    Third party rights

31.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

31.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

32.    Entire agreement

32.1  Subject to Section 23.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

33.    Law and jurisdiction

33.1  These terms and conditions shall be governed by and construed in accordance with English law.

33.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

34.    Statutory and regulatory disclosures

34.1  We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

34.2  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

34.3  These terms and conditions are available in the English language only.

34.4  The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.

35.    Use of third party applications and connections

35.1 In order to improve customer service and seller service within our marketplace, we may offer plug-ins, apps, integrations and other forms of connections to third party providers. We do not share or sell your data or give access to your details to any of these parties. Where data sharing is required, it will be at the aggregated level. 

35.2 Where we use integration with third party website builders (namely Shopify), we do not have any access to your stores data other then the following;

Product data, variations and quantities (for two way sync)
Product categories (for two way sync)
Product collections (for two way sync) 
Order data (for updates on orders pertaining to Riwaya orders only)
Customer data (for customers on orders pertaining to Riwaya orders only)

Synchronisations are done via a cron command every hour.

We do not gain access to any additional data, nor do we have access to your stores wider customer base or order analytics.

36.    Our details 

36.1  This website is owned and operated by Riwaya.

36.2  You can contact us:

(a)    using our website contact form;

(b)    by email, using sales@riwaya.co.uk