Online
Marketplace Terms

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1. Who we are and how to contact us

We are House of Assets Ltd trading as House of Assets a limited company (registration number 15221757). We are based at The Old Schoolhouse, 259 Muscliffe Lane, Bournemouth, Dorset, United Kingdom, BH9 3NJ. For information on the best way to contact us,.

2. When these terms apply

These terms apply to sellers on houseofassets.com, our online marketplace.

We use definitions throughout these terms. For a full list of such terms and their meanings, see clause 15 (Defined terms).

When we cross refer to clauses in these terms we use bold type.

3. Becoming a seller on houseofassets.com

3.1. How to apply and our agreement with you

You can apply to become a seller on our online marketplace here. During the application process:

  • You and we agree to only use and disclose the other’s confidential information as necessary for making and considering your application and to comply with the restrictions in How we and you must protect each other’s confidential information.
  • Insofar as you have access to our systems you agree to comply with all relevant restrictions in Your use of our systems.
  • The provisions in clause 14 (Other important terms) shall apply to any disputes concerning your application.

An agreement between you and us governed by all of these terms will come into force when we accept your application.

3.2. To be a seller you must be at least 18 years old and have an account on our online marketplace.

3.3. Sellers fall into 2 categories:

  • Consumers – that is private individuals selling personal possessions; or
  • Businesses – that is anyone selling in the course of their business, trade, craft or profession.

If we detect a pattern in your activity on the online marketplace which indicates that you are using the online marketplace to make a regular profit or income than we reserve the right to treat you as a business.

As a matter of law we are allowed to treat consumers and businesses differently and if we do this the relevant clause will make it clear who it applies to.

3.4. The policies which form part of these terms

The policies set out below, which you and we must comply with, form part of these terms and our agreement with you. See clause 13 (Changes to our terms and policies) for how and when we tell you about changes and how you can end this Agreement if you’re not happy with a change. The policies are:

  • Acceptable use policy. This sets out what you can and can’t do when creating your profile and listings and when responding to customer reviews.
  • Prohibited products policy. This lists the type of product you can’t sell on houseofassets.com as set out in clause 16.

3.5. Your warranties about the information you give

You represent and warrant that:

You are, and will remain, established in Great Britain (England, Wales or Scotland – but not Northern Ireland).

  • The information you provide to us in connection with your application to become a seller on houseofassets.com is complete and accurate and you’ll promptly notify us of any changes to it and keep the supplier profile you create on our supplier interface up to date.
  • Any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents.

3.6. Our rights to verify the information you give us and your compliance with these terms

We may at our option at any time require you to promptly provide us with reasonable evidence that any information you’ve given us is true and up to date and that such information and your behaviour is in compliance with these terms. Such information includes (but is not limited to) information in connection with your application to become a seller on houseofassets.com in your supplier profile and in the listings for your products. We can suspend or restrict individual listings until you’ve supplied this evidence and end this Agreement if you don’t comply with this requirement. See clause 7 (Suspension of listings, ending of this Agreement and disputes).

You permit and instruct us to collect information about you and in connection with your performance of this Agreement (including without limitation the products you list on houseofassets.com) and disclose it to tax or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.

3.7. Our communications with each other

When we accept your application to become a supplier we’ll give you access to our supplier interface. Our supplier interface will be used to tell you about customer orders, questions, cancellations and complaints and also other things about our service, such as changes to these terms and our policies. We may also contact you via telephone, email or other methods.

You should use our supplier interface to get in touch with us wherever possible, but we may also give you other ways of contacting us.

3.8. Your communications with customers

You must always use the supplier interface to communicate with customers who have ordered with you through houseofassets.com or enquired about your products through houseofassets.com. Where this is not possible (for example, where a customer, having ordered through houseofassets.com finds and calls you directly), you should enter accurate details of any communications with customers on the supplier interface. This helps us to keep a full record of all communications in relation to any transaction, in case there are any disputes.

If a customer contacts you about your products through houseofassets.com you mustn’t in any way ask or encourage the customer to buy those products (or repeat orders for those or similar products) either directly from you or from another source.

3.9. Your use of our systems

You may only use our supplier interface and the other computer systems that support, operate and comprise houseofassets.com (our systems) for listing and selling your products and communicating with us and your customers as envisaged in these terms.

You agree to use all reasonable security practices to prevent unauthorised access or damage to our systems. These practices include but are not limited to:

  • Making sure any devices you use to access our systems have up to date anti-virus protection and not introducing any viruses into our systems.
  • Ensuring that your log-in details and passwords for our systems:
    • are only used by your employees and subcontractors approved by us (as set out in What happens if you want to transfer your rights and obligations under this Agreement), who in each case are required to comply with the rules set out in Your use of our systems;
    • are not shared between users; and
    • are changed as and when prompted by our systems.
  • Telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our systems has been compromised in any other way.
  • Except as permitted by any applicable law which you and we can’t agree to exclude, you mustn’t:
  • Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our systems in any form or media or by any means.
  • Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our systems.
  • Access all or any part of our systems to build a product or service which competes with them.
  • Use our systems to provide services to third parties or allow or assist third parties to access our systems.
  • Create multiple accounts to evade punishment or avoid restrictions.

3.10. Creating your supplier profile and listing products on houseofassets.com

You must create a supplier profile on houseofassets.com. Once you’ve done this you can create listings to sell your products on houseofassets.com through our supplier interface. You represent and warrant that you’ll:

  • Only create listings for products of the types approved by us in writing and which are not prohibited products (as set out in our prohibited products policy).
  • Only list products which comply with all applicable legislation and regulations affecting their manufacture, sale, packaging and labelling and don’t infringe third party trade marks or other intellectual property rights.
  • Only list products which are safe. You cannot list products that are unsafe, that we reasonably believe to be unsafe or that have been or become the subject of a product safety alert or recall. For information on your product safety obligations, see https://www.gov.uk/guidance/product-safety-advice-for-businesses.
  • Only list products which are already in Great Britain (England, Wales or Scotland but not Northern Ireland) at the time of their sale to customers. You are not permitted to list products which will be imported Great Britain on or after their sale to customers, as this has VAT and customs implications for both you and us.
  • Include in your listings, or where appropriate your supplier profile, all the information about you and your products and how you’ll fulfil orders that is needed to comply with consumer protection law, as well as any relevant safety information about your products. Our customer interface will prompt you to provide this information, but you’re responsible for making sure you comply with the law. For more on these information requirements, please see the Trading Standards’ advice on online selling at www.businesscompanion.info.

See also Our rights to verify the information you give us and your compliance with these terms.

You must ensure that your supplier profile and the listings for your products:

  • Comply with our acceptable use policy, which bans things such as obscenity and defamation.
  • Only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on houseofassets.com and to license to us as set out in Our use of your branding and other intellectual property rights
  • Are in the English language and be clear and comprehensible.
  • Display real-time information about how many of each product you have in stock, ready to despatch. You must delist any products that are not in stock.
  • Deliveries must be made within 5 days of the date of the sale using reputable major commercial courier services (for example TNT, DHL or DPD) providing tracking information for both sellers and customers.
  • Display your valid VAT registration number if you are VAT registered or state that you are not VAT registered.
  • Don’t include anything which would encourage or allow customers to contact you other than through the supplier interface, such as email or social media contact details, website addresses or other links. We reserve the right to remove such information.
  • Don’t use any search engine optimisation techniques which breach search engines’ guidelines or involve deception, including but not limited to keyword stuffing.

3.11. You can’t list fake, stolen or unauthorised products

You may only list products that bear another company’s authorised brand or logo on houseofassets.com, or which embody other third party intellectual property rights, if those products were either made in the UK or imported into the UK with the consent of all relevant third party intellectual property rights-holders. You must maintain adequate processes and procedures to make sure that your products are authentic, authorised for sale, not stolen, and not counterfeit or unauthorised copies. We offer a valuation service using third party valuers. If we ask you to, you must promptly provide us with genuine and conclusive documentary evidence showing that you are authorised to sell specific brands or products on houseofassets.com. We can suspend a listing for a product or terminate this Agreement under clause 7 (Suspension of listings, termination of this Agreement and disputes) if you fail to comply with any requirement of this clause.

3.12. Sales

You can decide whether sales of your products will be on a “buy it now” basis in which case our Terms of Sale will apply or by online auction in which case our Terms for Online Auctions will apply.

3.13. Artist Resale Royalty

It is the Seller’s responsibility to pay any applicable Artist Resale Royalty due in relation to any the sale of any piece of art to the relevant Collecting Society.

3.14. Pricing your products (including VAT and packaging and delivery charges)

How you price your products for sale on a buy it now basis is entirely up to you and you can change the price for your products at any time using the supplier interface. Please allow a reasonable time for revised prices to be displayed on houseofassets.com. We’ll charge customers the price shown on houseofassets.com at the time they submit their order.

Your prices must be inclusive of the following:

  • Supply VAT.
  • Non-optional packaging and other charges.
  • Any UK import VAT and customs duties, clearance charges, taxes, brokers’ fees and other amounts payable in connection with your importation of goods prior to their sale to customers.
  • Delivery charges, which must be shown separately.
  • Artist Resale Royalty

3.15. How we rank supplier listings

Unless you subscribe to our portfolio assistance package we do not make personalised recommendations to customers. Recommendations are limited to linking different items listed by the same supplier or by listing items in the same or similar genre or category

3.16. What happens when we invite you to join marketplace promotions

We may invite you to participate in promotions on houseofassets.com, for example, by paying us for a more visible listing or offering free delivery for your products or discounts. The terms of such promotions will be available through the supplier interface and by submitting any of your products for such a promotion you agree to the relevant terms.

3.17. We use do not use other sales channels and affiliates to market your products

3.18. Marketplace availability

We aim to make the supplier interface available to you and houseofassets.com available to customers on a 24/7 basis. We reserve the right to take some or all of our offline as reasonably required for routine and emergency maintenance or repairs. We’ll give you as much notice of such downtime as is reasonably possible. All communications using the internet may be affected by events outside our reasonable control (see Impact of events beyond your or our reasonable control (force majeure)).

4. Dealing with customer orders, refunds and complaints

4.1. What we do when a customer orders a buy it now product

Customers ordering products from houseofassets.com on a buy it now basis must click to accept our standard Terms of Sale, which are linked to from the checkout page.

When a customer orders one of your products from houseofassets.com, we, acting as your agent in your name and on your behalf, will:

  • Send the customer an order acknowledgement email in our standard format.
  • Promptly inform you of the customer order via the customer interface.
  • Unless you tell us that you can’t fulfil an order within 12 hours, send the customer an order acceptance email in our standard format and so form a direct contract for you to supply your product to the customer on our standard Terms of Sale. The contract is between you and the customer.
  • If you tell us that you can’t fulfil an order, send the customer an order rejection email in our standard format.
  • Take payment for customer orders for your product when we confirm acceptance of an order in your name and on your behalf. The supplier interface will tell you whether or not payment has been received for any order.

Our order acceptance email will serve as the customer’s supply VAT receipt issued in your name and on your behalf. Our email will include all the information about the ordered product which you’ve included in your product listing as well as separately showing the UK supply VAT collected as part of the order. You’re responsible for ensuring that this information meets legal information requirements and for compliance with all applicable legal, tax and regulatory requirements in connection with any customer VAT receipt issued in your name.

Where a customer is UK VAT registered, we will, where required by applicable law, provide you with the customer’s UK VAT registration number and details of the relevant supply.

4.2. Online auctions

All bidders in online cautions must click to accept our Online Auction Terms which are linked to from the relevant Sale page

On completion of the relevant Sale we will:

  • Send the customer a confirmation email confirming that they are the successful bidder and the price payable.
  • Promptly inform you of the outcome of the Sale via the customer interface.
  • Take payment from the customer on your behalf for your product when we confirm that they are the successful bidder. The supplier interface will tell you whether or not payment has been received for any order.

Our confirmation email will serve as the customer’s supply VAT receipt issued in your name and on your behalf. Our email will include all the information about the product purchased which you’ve included in in the Sale catalogue as well as separately showing the UK supply VAT collected as part of the sale price. You’re responsible for ensuring that this information meets legal information requirements and for compliance with all applicable legal, tax and regulatory requirements in connection with any customer VAT receipt issued in your name.

Where a customer is UK VAT registered, we will, where required by applicable law, provide you with the customer’s UK VAT registration number and details of the relevant supply.

4.3. What you must do when we tell you about an order or a completed Sale

When we tell you about an order or a completed Sale you must:

  • Using the supplier interface, tell us as soon as possible, and in any event within 12 hours, if you won’t be able to supply any product ordered on a buy it now basis.
  • In all other cases, subject to the supplier interface confirming that payment has been received from the customer, supply the product to the customer in the way and within at least the timescale set out in your product listing or listing in the Sale catalogue.
  • Comply in full with our standard Terms of Sale or Terms for Online Auctions.

4.4. Dealing with customer questions about orders

You must deal promptly and professionally with any customer questions about orders using the supplier interface. You must liaise with us if the question relates to any part of the process we’re involved in. You and we will co-operate with each other in trying to resolve any such questions. See How you must handle customer complaints.

4.5. Dealing with customer cancellations

We’ll tell you if a consumer contacts us to cancel an order or Sale purchase. When we do so, or when a consumer contacts you directly to cancel an order, you must comply with the returns and refunds requirements set out in the Terms of Sale or Terms for Online Auctions and any further commitments you’ve made in your product listing or other marketing or advertising. You must promptly tell us of any refunds due to customers who have cancelled and these will be dealt with as described in How customers are refunded.

4.6. How you must handle customer complaints

We’ll tell you if a customer complains to us about you or one of your products, including any complaints that products have not been delivered or that cancelled orders have not been refunded and provide you with all relevant details about the complaint.

You must deal with complaints we tell you about, and any complaints you receive directly from customers, in a way that complies with consumer law see the Trading Standards advice on online selling at www.businesscompanion.info and honour any additional commitments or guarantees you’ve made in your product listing or other marketing or advertising.

We offer assistance to suppliers and consumers to help them resolve disputes arising out of the supply or non-supply of products through houseofassets.com. You agree to co-operate fully in this process.

All of your communications with customers about complaints should be made through, or where this is not possible, accurately logged with, our supplier interface.

If, in relation to any dispute with a customer, you don’t engage in dispute resolution, as required by these terms and in good faith, then we may refund and/or compensate the customer on your behalf. We can also do this if you don’t abide by any commitment you’ve made during dispute resolution, any settlement reached through mediation or any ruling made by a court or other competent authority. Refunds will be handled as set out in How customers are refunded. You must reimburse us for payments made in compensation, see When you must pay our invoices.

See also clause 9 (Claims and actions against us in connection with you or your products).

4.7. How customer reviews are collected and displayed

We and you agree to use our best efforts to make sure that customer reviews on houseofassets.com are from customers who have bought products and tried them and who are not connected with you or in any way encouraged or incentivised to post a favourable review.

We use the supplier interface to invite customers to whom your products have been delivered to review your products. houseofassets.com does not permit users to submit reviews unless the person leaving the review has purchased an item from the seller.

Customers submitting a review do so in a prescribed format which may involve a free text box. Our software may block language in customer reviews which is not permitted under our acceptable use policy but we don’t guarantee that it will do so. You’re responsible for checking reviews for compliance with our acceptable use policy and telling us if you consider that a review breaches it. If we agree, we’ll remove the review from the site and inform the customer we’ve done so.

Apart from an initial invitation to review your products submitted through the supplier interface, you mustn’t directly or indirectly contact customers (whether through the supplier interface or using any other contact details you have for customers) either to encourage them to submit any review or a favourable review or to change or withdraw a review. You must not encourage customers to submit reviews of products they have purchased on houseofassets.com anywhere other than on houseofassets.com.

4.8. Access to and use of data generated through use of houseofassets.com

Use of our marketplace may generate data including personal data, about orders, customer queries, ratings and reviews for your product and other matters. Where this is the case, you will act as the controller of personal data. See clause 12

5. Commission on your product sales

5.1. Set-up and other fees

We’ll charge you a commission of 10% of the sale price of any product sold by you on houseofassets.com plus VAT.

5.2. Payment

We’ll pay you the sums received by us from customers for your products less:

  • Our commission and any VAT applicable to it.
  • Any fees (and any VAT applicable to them) or other sums we’ve invoiced you for and which are unpaid at the time we pay you, whether or not the due date for payment has arrived (see When you must pay our invoices).

Any sums owed to us in connection with any third party claims under Compensation for claims against us which are unpaid at the time we pay you.

Products are priced in pounds sterling, US$ or Euro and we will account to you in in the currency of the sale.

You must account to HMRC for any VAT due on UK sales of your products on houseofassets.com and fully comply with your tax obligations in connection with the use of our services and the offer and sale of your products on houseofassets.com including the collection, reporting, filing and payment of any and all applicable taxes (such as VAT, plastic packaging taxes and duties) and other governmental assessments.

5.3. When we pay you

Payments will be made immediately via Stripe Connect. Such sums will be credited to the bank account you’ve notified to us via the supplier interface. Payment will be made to Private Sellers on the same day that the statement is issued.

5.4. When you must pay our invoices

You must pay any invoices we submit to you within 30 days of receipt. Any payments for memberships will be taken with the Stripe Connect service.

5.5. Interest on late payments

If either of us fails to make a payment due to the other under these terms by the due date, then, without limiting the other party’s remedies, the defaulting party shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

5.6. How customers are refunded

See Terms Of Sale – Legal Right To Change Your Mind. Customers are entitled to change your mind but must let the seller know no later than 14 days after purchase. See When you cannot change your mind & The deadline for changing your mind. Customers are refunded directly from the seller due to House Of Assets not holding sellers funds. We will assist customers in communication with the sellers if required but are not the account holder and not required to refund on the sellers behalf.

5.7. Our and your rights of set-off

Save as expressly provided in these terms (see How customers are refunded), you and we shall each pay all amounts due under this Agreement in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5.8. Orders from outside Great Britain

Customers from outside Great Britain may order your products from houseofassets.com. Customers from outside Great Britain may have rights under their local laws which apply as well as or instead of their rights under English, Welsh and Scottish law and our Terms of Sale and Terms for Online Auctions. If you don’t wish to accept such orders, it is your responsibility to reject them as indicated in What you must do when we tell you about an order or a completed Sale.

6. Using each other’s branding and other intellectual property rights

6.1. Your use of our branding

You may publicise your listings on houseofassets.com outside houseofassets.com, for example, on social media. In doing so you must take care not to in any way suggest that you or your listings are endorsed, controlled or created by houseofassets.com. You can share the URLs for your listings and supplier pages and state that your products can be bought on houseofassets.com. However, you can’t use the houseofassets.com stylised name or logos either on their own or in combination with another word or use the houseofassets.com name in your social media profile name or photo. You also can’t create content with the same look or feel as that of houseofassets.com.

As soon as reasonably possible after this Agreement ends, you must remove any content that suggests you sell on houseofassets.com from any places you control and use your best efforts to remove such content from any places owned by any third parties.

6.2. Our use of your branding and other intellectual property rights

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trade marks and branding) you provide to us in connection with you and your products (your materials) for the purposes of listing and selling your products on houseofassets.com and operating, improving and marketing houseofassets.com in any media.

Clause 9 (Claims and actions against us in connection with you or your products) sets out what happens if someone claims that our use of your materials (as set out above) infringes their intellectual property or other rights.

As soon as reasonably possible after this Agreement ends, we’ll stop all use of your materials on houseofassets.com. However, we reserve the right to continue using your materials for the purposes and period set out in Your obligations after this Agreement ends and Our obligations after this Agreement ends.

Except as stated above, we won’t acquire any rights to your materials and any goodwill generated by our use of your materials on houseofassets.com or through our marketing activities will accrue to you.

7. Suspension of listings, ending this Agreement and disputes

7.1 When we’ll suspend your listings or end this Agreement

We can suspend or restrict any individual listing you make on houseofassets.com if we become aware, or have reason to believe, that what you’ve told us about your product or said about your product in the listing for it is not true or up to date or that the product or the listing doesn’t comply with these terms, including our policies (see The policies which form part of these terms) or is otherwise unlawful.

We can end this Agreement and your rights to use houseofassets.com for any of the following reasons:

  • You’ve not complied with these terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated.
  • You’ve not paid one of our invoices by the due date (see When you must pay our invoices).
  • You’ve become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this Agreement is at risk.
  • We reasonably consider that our continuing to provide services to you could expose houseofassets.com to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on our reputation or the other suppliers selling on houseofassets.com.
  • We decide to stop providing houseofassets.com or to stop selling your type of products on houseofassets.com.
  • We reasonably determine, or receive information or notice from HMRC, that you are not meeting your tax obligations.

7.2. We’ll give you at least 30 days’ notice that we are ending this Agreement unless:

  • Our legal, tax or regulatory obligations require us to end this Agreement without such notice.
  • It’s imperative for us to end this Agreement either immediately or on shorter notice. For example, we may end this Agreement with immediate effect if you become insolvent or we discover that your products are unsafe or counterfeit or present a danger to minors or if we reasonably suspect you of fraud or of using houseofassets.com to spam others.
  • You’ve repeatedly broken this Agreement.

If we’re suspending or restricting an individual listing or ending this Agreement, we’ll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you’ve broken. If we’re acting in response to a notification from someone else, we’ll also share the contents of that notification with you. However, we won’t give you such a statement if:

  • We’re subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.
  • We’re ending this Agreement because you’ve repeatedly broken it.

We’ll send our statement to you via email or another durable medium. Where we’re suspending or restricting an individual listing, we’ll send the statement before or at the time of the suspension or restriction. If we’re ending this Agreement, we’ll send the statement at the same time that we give notice that we are ending this Agreement.

See also Your obligations after this Agreement and Our obligations after this Agreement.

7.3. How to complain if you’re not happy with our services including any decisions we’ve taken

If you want to complain about our services or the way we’ve treated you, including because you disagree with us refunding or compensating a customer, restricting or suspending a listing for your products or ending this Agreement, please contact us using our feedback page.

You and we agree to try our best to resolve all complaints amicably. If we can’t resolve your complaint in this way, either of us can bring legal action at any time (see Governing law and jurisdiction).

7.4. How you can end this Agreement

You can end this Agreement with immediate effect by giving us notice, using the supplier interface, for any of the following reasons:

  • We’ve not complied with these terms, including the policies referred to in them and our non-compliance is more than trivial or is repeated and (if our non-compliance is remediable) we’ve not remedied it within 30 days of you asking us to do so.
  • We’ve become insolvent or we suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of our business or our financial position deteriorates to such an extent that you think our ability to fulfil our obligations under this Agreement is at risk.

You may stop using houseofassets.com at any time. This Agreement will end when you’ve informed us, using the supplier interface, that you no longer wish to use houseofassets.com and you’ve removed your product listings.

7.5. Your obligations after this Agreement ends

After this Agreement ends (for whatever reason) you must (unless we tell you otherwise):

  • Immediately remove any listings for your products from houseofassets.com.
  • Leave your customer facing supplier profile (excluding listings for your products) live until 60 days after your fulfilment of the last order you received through houseofassets.com, to allow customers to contact you about orders previously submitted. Once this period has expired you must remove your customer facing supplier profile.
  • Continue to comply with these terms insofar as they relate to customer orders received through houseofassets.com before removal of your product listings. You need only comply with the version of these terms which applied when this Agreement ended.

7.6. Our obligations after this Agreement ends

After this Agreement ends (for whatever reason) we:

  • May remove all listings for your products from houseofassets.com, if you’ve not already done so, and reject any order received after this Agreement ends.
  • May remove your customer facing supplier profile from houseofassets.com, if you’ve not already done so, except that we can keep it live until 60 days after your fulfilment of the last order you received through houseofassets.com, to allow customers to contact you about orders previously submitted.
  • Will continue to comply with these terms insofar as they relate to customer orders received through houseofassets.com before removal of your product listings, including by paying sums due to you for such orders. We’ll comply with the version of these terms which applied when this Agreement ended.
  • Will stop giving you access to data (including personal data) generated by your use of houseofassets.com.

8. Limitations on liability and marketplace availability

8.1. Meaning of liability in these terms

When we talk about liability in these terms we mean every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.2. Liabilities neither you nor we limit or exclude

Nothing in these terms limits any liability (whether yours or ours) which can’t legally be limited, including but not limited to liability for:

  • Death or personal injury caused by negligence.
  • Fraud or fraudulent misrepresentation.
  • Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

The limitations and exclusions set out in this Agreement don’t apply in respect of:

  • Any liability arising from your or our deliberate default.
  • Your liabilities to us under clause 9 (Claims and actions against us in connection with you or your products).

8.3. If you are a Business Seller:

Types of loss you and we exclude liability for

Except in respect of Liabilities neither you nor we limit or exclude, we won’t be liable to you and you’ll not be liable to us for:

  • Loss of profits.
  • Loss of sales or business.
  • Loss of agreements or contracts.
  • Loss of anticipated savings.
  • Any indirect or consequential loss.

Caps on your and our liability to each other

Except in respect of Liabilities neither you nor we limit or exclude (which are uncapped), our total liability to you (if you are a business) and your total liability to us is capped at the total amount of the purchase price of all products sold by you on houseofassets.com in the period of 6 months leading up to the date of the claim or £5,000,000, whichever is the lower amount.

Payment of uncapped liabilities shall not reduce this cap.

8.4. Deadline for us to make claims against each other

Unless either of us notifies the other that they intend to make a claim in respect of an event within the notice period, the other shall have no liability for that event. The notice period for an event starts on the day on which the party claiming became, or ought reasonably to have become, aware of their having grounds to make a claim in respect of the event and expires 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

8.5. If you are Private Seller:

Both we and you are each responsible for losses caused by either of us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing that was said meant that the claimant should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by events beyond your or our reasonable control. As long as we have taken the steps set out in Impact of events beyond your or our reasonable control.
  • Avoidable. Something that could have avoided by taking reasonable action.
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 8.3 (If you are a Business Seller).

The seller is not responsible for losses caused by our breach of this contract and we are not responsible for losses caused by the seller’s breaches of this contract.

9. Claims and actions against us in connection with you or your products

9.1. Dealing with claims against us

We’ll pass on to you any complaints we receive about you or one of your products as described in How you must handle customer complaints. However, if anyone, including (but not limited to) a customer, any regulator, HMRC, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

  • Your products, their importation to the UK and their supply through houseofassets.com.
  • Content you’ve uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your product listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
  • Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
  • Things you have or haven’t done including but not limited to any breach of these terms and our policies,

(a third party), then you must, at our option and as we request, either help us defend or deal with the third party or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

9.2. Compensation for claims against us

You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses (liabilities) we incur arising out of or in connection with any third. See When you must pay our invoices.

10. Product recall and product liability insurance

10.1 Your and our record-keeping obligations

You and we agree to maintain appropriate, up-to-date and accurate records to enable the immediate recall of any of any of your products from the market. These records shall include details of deliveries to customers (including delivery date, name and address of customer and telephone number and email address if available). You must also keep records of batch numbers, where appropriate.

10.2. Responsibility for product recall

You are liable to customers for the product recall of any of your products. We will provide you with information we hold about customers and your products sold to them as reasonably necessary to assist you with your product recall obligations.

If we ask you to, you must give us evidence that you have promptly complied with your product recall obligations. If you don’t do this within a reasonable time, we can do what we think appropriate to protect customers, including contacting customers to alert them to safety issues or recalling the product and refunding customers what they paid for it. You must cooperate with us in doing this and reimburse us all liabilities we incur in connection with any recall of your products. Clause 9 (Claims and actions against us in connection with you or your products) applies in relation to any third party that your products are unsafe.

10.3. We can notify customers and others about unsafe products

We may suspend or restrict listings for unsafe products as set out in When we’ll suspend your listings or end this Agreement and notify the customers and the public of what we have done and why, by whatever means we consider appropriate. We may also include safety warnings about products as part of your product listings. We may use information from customer complaints about your products and customer reviews when assessing the safety of your products, require further information from you about the issues reported and share such information with regulatory and other governmental authorities.

10.4. You must have product liability insurance

You must maintain product liability insurance covering your products for as long as they are listed on houseofassets.com and for two years after they stop being listed. You must provide a copy of the insurance policy and proof of payment of the current premium to us when we ask for it.

11. Compliance with the law

You must comply with the law

You must at all times when doing anything in connection with this Agreement comply with all applicable laws, statutes, regulations and codes from time to time in force including without limitation the CAP Code.

12. Data protection obligations

12.1. Both parties will comply with all applicable requirements of UK data protection law. This clause 12 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under UK data protection law.

12.2. The parties have determined that for the purposes of UK data protection law:

  • We shall process the personal data as set out in paragraph 1.1 of Schedule 1 as processor of your customer data when you use our marketplace; and
  • We shall act as controller of the personal data set out in paragraph 1.2 of Schedule 1.

12.3. Should the determination in clause 12.2 change we shall use all reasonable endeavours to make any changes that are necessary to this clause 12 and Schedule 1.

12.4. In relation to the personal data processed by us as a processor for your use of our marketplace Schedule 1 sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject.

12.5. Without prejudice to the generality of clause 12.1 we shall where we act as processor in relation to personal data of your customer;

  • process that personal data only on the documented instructions of you, which shall be to process the personal data for the purposes set out in Schedule 1 (Processing, personal data and data subjects) unless we are required by UK data protection law to otherwise process that personal data (“Purpose”).
  • Where we are relying on UK data protection law as the basis for processing personal data we shall notify you of this before performing the processing required by UK data protection law unless those laws prohibit us from so notifying you on important grounds of public interest. We shall inform you if in our opinion your instructions infringe UK data protection law.
  • implement technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of or damage to personal data having regard to the state of technological development and the cost of implementing any measures.
  • ensure that any personnel engaged and authorised by us to process personal data have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality.
  • assist you insofar as this is possible taking into account the nature of the processing and the information available to us in responding to any request from a data subject and in ensuring your compliance with your obligations under UK data protection law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
  • notify you without undue delay on becoming aware of a personal data breach involving the personal data.
  • at the written direction of you delete or return personal data and copies thereof to you on termination of this Agreement unless we are required by UK data protection law to continue to process that personal data. For the purposes of this clause Personal data shall be considered deleted where it is put beyond further use by us.
  • maintain records to demonstrate its compliance with this clause 12.

12.6. In the course of providing our services under this Agreement you acknowledge and hereby grant us general written authorisation to use sub processors to process the personal data. If we appoint a new subprocessor or intends to make changes concerning the addition or replacement of sub processors such changes will be made to our Sub processor List (Schedule 1). You will have seven (7) days from the date of the update of our Sub processor List to object to the change. If you object to the appointment of a subprocessor you may terminate this agreement in accordance with the terms set out in these Online Marketplace Terms.

12.7. We shall transfer personal data outside of the UK/EU as required for the Purpose provided that we ensure that all such transfers are in accordance with UK data protection law.

12.8. We may at any time on not less than 30 days’ notice, revise this clause 12 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme.

13. Changes to these terms

13.1. How we make changes to these terms

We’ll let you know via email or another durable medium about any changes we’re making to these terms (including the policies referred to in them), unless they’re just editorial changes which don’t alter the terms’ content or meaning.

Normally we’ll give you at least 15 days’ notice before such changes take effect.

We’ll give you more notice if a change we’re making impacts on the way you do things, either technically or commercially (a significant change). For example, you might need more notice if we entirely remove a feature from houseofassets.com, add a new feature or if you need to adapt your goods or reprogramme your services to continue using houseofassets.com.

We won’t give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect houseofassets.com, our suppliers or our customers from fraud, malware, spam, data breaches or other cybersecurity risks.

If you list new products on houseofassets.com after we’ve told you about any changes (other than a significant change), you will be deemed to have agreed to those changes and they will take effect immediately.

13.2. What you can do if you’re unhappy about changes we’ve made

If you’re unhappy with any changes we tell you about, you can normally end this Agreement. The exceptions are that you can’t end this Agreement because of a change if:

  • You’ve listed new products on houseofassets.com after being told about the change (although this will not prevent you from ending this Agreement for a significant change).
  • You’ve previously told us that you accept the change.

See How you can end this Agreement.

14. Other important terms

14.1. Governing law and jurisdiction

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, its subject matter or formation.

14.2. Impact of events beyond your or our reasonable control (force majeure)

Neither you nor we (the affected party) shall be in breach of this Agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party’s reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 4 weeks, the party not affected may end this Agreement by giving 7 days’ written notice to the affected party.

14.3. We can transfer our rights and obligations under this Agreement

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (transfer) any or all of our rights and obligations under this Agreement.

14.4. What happens if you want to transfer your rights and obligations under this Agreement (including by using subcontractors)

You need to get our consent before you can transfer any of your rights and obligations under this Agreement, including by using subcontractors. You can ask us for approval using the supplier interface. Where you want to subcontract to someone who isn’t pre-approved by us or otherwise transfer we can decide whether to give consent by assessing the person you want to transfer to, using the same criteria we use to assess new applicants to houseofassets.com. If you want to transfer all your rights and obligations to someone else, you must request our consent and the proposed transferee will need to provide us with all of the information that we require in order to make our decision to approve or not.

14.5. How we and you must protect each other’s confidential information

Neither you nor we (the recipient) shall at any time during the term of this Agreement, and for a period of two years after it ends (for whatever reason) disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other (the discloser), except:

  • To the recipient’s employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient’s rights or carrying out its obligations under or in connection with this Agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser’s confidential information comply with this clause (How we and you must protect each other’s confidential information).
  • As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

14.6. Neither we nor you are bound by anything said but not included in this Agreement

This Agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services.

Both you and we acknowledge that in entering into this Agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

14.7. Informal changes to this Agreement aren’t valid

Except for changes made as described in How we make changes to these terms, no variation of this Agreement shall be effective unless it is in writing and signed by you and us.

14.8. You and we can only waive our rights under this Agreement in writing

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

14.9. Invalidity of part of this Agreement doesn’t affect the rest of it
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

14.10. Only you and we have rights under this Agreement

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

Neither you nor we require the consent of any other person to rescind or vary this Agreement.

15. Defined terms

Terms in bold have the following meanings

Artist Resale Royalty: means the royalty to be paid to the original artist of any piece of art under the Artist Resale Rights Regulations 2006 (as amended).

Business Seller: a seller acting in the course of their trade, business, craft or profession.

Collecting Society: the Design and Artists Copyright Society, the Artists Collecting Society or any other collecting society nominated by an artist for the collection of Artist Resale Royalty on their behalf

controller has the meaning set out in UK data protection law.

UK data protection law means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to either you or us relating to the use of personal 15.18 (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to either you or us.

data subject has the meaning set out in UK data protection law

insolvent means, in relation to either party that it has taken any step or action in connection with:

  • Entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring).
  • Applying to court for, or obtaining a moratorium under, Part A1 of the Insolvency Act 1986.
  • Being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring).
  • Having a receiver appointed to any of its assets.
  • Ceasing to carry on business.
  • If the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.

liabilities means any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses.

our systems means our supplier interface and the other computer systems that support, operate and comprise houseofassets.com.

permitted recipients means your and our employees and the entities you and we use in connection with this Agreement.

personal data has the meaning set out in UK data protection law.

personal data breach has the meaning set out in UK data protection law.

Private Seller: means a seller acting in a purely private capacity and not as a Business Seller.

process has the meaning set out in UK data protection law

processing has the meaning set out in UK data protection law

processed has the meaning set out in UK data protection law

processor has the meaning set out in UK data protection law

Sale means an online auction for the sale of products conducted using our systems

significant change means a change to these terms which impacts on the way you do things, either technically or commercially. Examples of significant changes might be our entirely removing a feature from houseofassets.com, adding a new feature or a change which means you need to adapt your goods or reprogramme your services to continue using houseofassets.com.

third party claim means a claim or any kind of action against us made by anyone, including (but not limited to) a customer, any regulator. HMRC, couriers or any third party rights holder, in connection with:

  • Your products, their importation to the UK and their supply through houseofassets.com.
  • Content you’ve uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your product listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
  • Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
  • Things you have or haven’t done including but not limited to any breach of these terms and our policies,

transfer means assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with

VAT means value added tax chargeable under the Value Added Tax Act 1994 of the United Kingdom and legislation supplemental thereto or replacing, modifying or consolidating it and including any similar, substitute, or replacement tax on, inter alia, the supply of goods or services in the United Kingdom.

your materials means any content, data or information (including trade marks and branding) you provide to us in connection with you and your products.

16. Prohibited products policy

You may not list for sale through houseofassets.com any products which:

  • Are stolen, replicas, counterfeits or unauthorised copies.
  • Violate the intellectual property, confidentiality or privacy rights of others.
  • Violate any laws, including those governing export control and consumer protection.
  • Contain any material that is obscene or pornographic.
  • You don’t have authority to sell.

Last updated: 17 May 2024

Schedule 1: Processing activities

1.1 Processor

[table here]

1.2. Controller

[table here]

Subprocessor List

[table here]

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