This document sets out the terms on which Melted Inside International Limited provides you with access to and use of the online marketplace located at www.meltedinside.com (“Melted Inside”). Please read these terms carefully before using Melted Inside. By using Melted Inside in any way, you agree to be bound by these terms (“Terms”).
Each person using Melted Inside is a “Visitor”. Visitors who purchase any product listed on Melted Inside (each a “Product”) are “Buyers”. Visitors using Melted Inside to list, promote and sell Product(s) are “Sellers”. The supply of goods terms and conditions (“Sale T&Cs”) located here shall apply to all sales between Sellers and Buyers via Melted Inside.
INFORMATION ABOUT MELTED INSIDE INTERNATIONAL LIMITED
Melted Inside is operated by Melted Inside International Limited (“we/us/our”), which is registered in England and Wales under company number 12197482. Our registered office is at 49 Station Road, Polegate, East Sussex, BN26 6EA.
We operate and maintain Melted Inside. We do not ourselves sell or provide the products or services and the contract for the sale of such products and services is concluded directly between the Seller and the Buyer. The terms which apply between the Buyer and the Seller may be found here. We are not the agent, joint venture or partner of either the Seller or the Buyer.
Whilst we take steps to ensure the accuracy of the information accessed via Melted Inside, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties (including but not limited to Sellers) and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
We may also provide links on Melted Inside to the websites of third parties. Such third party websites are not our responsibility and we accept no liability for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
REGISTRATION AND GUESTS
To buy Products via Melted Inside you must either register using one of the online registration forms or submit your details when purchasing as a “Guest”.
By registering or purchasing Products as a Guest, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old,
and you consent to us conducting verification and security procedures.
We have no obligation to accept your application to register and may reject any Visitor, or stop them from registering, in our sole discretion.
You hereby warrant that the information provided by you to us is at all times, true, accurate and complete. You further warrant that you shall promptly notify us in the event of any change to such information.
You shall keep your registration details for Melted Inside (“Login Details”) confidential and secure.
USE OF MELTED INSIDE
You are solely responsible and liable for your use of Melted Inside and that it is your sole responsibility to enforce any obligation owed to you by a third party that arises from your use of Melted Inside. In the event that you have a dispute with any other Visitor to Melted Inside, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
This site and its content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.
You further agree that at all times you shall:
- not use your Login Details with the intention of impersonating another person;
- not allow any other person to use your Login Details;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any other Visitor;
- not infringe any rights of any third parties;
- comply with all instructions and policies from us from time to time in respect of Melted Inside;
- co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
- use the information made available to you on Melted Inside at your own risk.
We reserve the right to make any changes to Melted Inside including any functionalities and content therein or to discontinue a specific feature from time to time subject always that:
- we notify you in writing using Melted Inside; and
- such changes shall have no material adverse effects to you.
We may monitor your use of Melted Inside from time to time. You hereby consent to us monitoring your use of Melted Inside.
Before purchasing any Products that are listed on Melted Inside you must read and agree to the Sale T&Cs located here, including the Seller’s refund and delivery policies, as provided via Melted Inside.
Each Product for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to view your basket details by clicking or tapping the basket icon, or clicking 'go to checkout'. You can change these, or cancel the purchase of each of the Products completely, at any time before clicking 'Checkout'.
After you have clicked 'Checkout' and after the Seller(s)’ acceptance of your order, the Products in your basket are added to your delivery in addition to any Products that you have previously ordered.
Your submission of an order amounts to an offer to enter a contract to buy the Products from our Sellers, subject to the Sale T&Cs here
MELTS LOYALTY SCHEME
MELTS loyalty points (“MELTS”) will be awarded to Buyers registered on Melted Inside in the following circumstances
Maker Supporter Points – When you buy from the same Seller 3 months in a row, you will earn ten (10) MELTS.
Explorer Points – When you buy from a featured new Seller, you will earn ten (10) MELTS per order.
Loving Giver Points – When you order a Product(s) to be delivered to an address other than your own, you will earn ten (10) MELTS per order.
Tell More Friends Points – When your leave a review on the Product(s) or the Seller(s) you have bought from, and it has been published on Melted Inside, ten (10) MELTS per review.
Star Supporter Points – When you order any Product(s) from a Seller(s) via Melted Inside, you will earn two (2) MELTS per £1 spent.
We may from time to time offer you MELTS for specific promotions, you will always be advised of the MELTS loyalty points when the offer is made.
It is possible to be awarded multiple MELTS in relation to one order.
MELTS can be redeemed against the purchase of any Product via Melted Inside at the following values:
500pts = £5
1000pts = £12
1500pts = £20
MELTS cannot be exchanged for cash, gift vouchers or gift cards. MELTS loyalty points cannot be transferred from one person or Buyer account to another unless specifically notified to and agreed to by us.
If a Product is purchased solely using MELTS, any refund will be given in MELTS recredited to your account. No cash refunds will be given in these circumstances.
Your membership of the MELTS loyalty scheme starts when your Buyer account is opened, or when we determine the scheme is available to you, and ends when your Buyer account is closed or when we determine that the scheme is no longer in operation. The scheme is operated by Melted Inside International Limited.
We reserve the right to withdraw or cancel the scheme at any time giving account holders 7 days’ written notice.
We reserve the right to change or amend the terms and conditions of the scheme. We will display notice of any changes on Melted Inside.
Subject to all other Terms, you may submit your reviews on Melted Inside in respect of Sellers and/or Products listed on Melted Inside (“Reviews”). You hereby grant us a perpetual, irrevocable licence to use and sub-licence the Reviews, and any review you submit on any other website or platform, for any purpose whatsoever.
You shall not submit any Review(s), on any page or in any area of Melted Inside, that in our reasonable opinion:
- are, or may be considered offensive, illegal or inappropriate;
- contain information that is inaccurate, false or misleading; or
- infringe any rights of any third party and you warrant that you own all intellectual property rights and any other applicable rights in such Reviews.
You acknowledge that making a Review does not guarantee that such Review, or any part thereof, shall appear on Melted Inside. You agree that we may, in our sole discretion, choose to display, edit or to remove any Review or any part of the same that you make on Melted Inside, and you hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
If you feel that any Review made by another Visitor is objectionable, please contact us using the contact details set out on Melted Inside. We shall use our reasonable endeavours to review the relevant Review as soon as is practicable and shall take such action as it deems necessary, if any at all.
For the purposes of these Terms, “Data Protection Laws” means all applicable data protection and privacy laws and regulations in the performance of the parties’ obligations set out under these Terms, including but not limited to the EU General Data Protection Regulation 2016/679, the UK Data Protection Act 2018 and all other successor legislation and regulations thereto.
We process personal data (as such term is defined in the Data Protection Laws) which we collect as a data controller (as such term is defined in the Data Protection Laws) in the course of providing Melted Inside and the Services. Where data is processed by us as a data controller, such processing is carried out in accordance with our Privacy Notice. We process such categories of personal data as are described in the above referenced Privacy Notice and the terms of the Privacy Notice form part of these Terms and you agreed to be bound by them.
SUSPENSION AND TERMINATION
In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with Melted Inside at all times.
We shall be entitled in our own discretion and upon notice to you, to suspend Melted Inside whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension on non-availability of Melted Inside (whether wholly or partly).
We may suspend or terminate your access to Melted Inside (wholly or partly) in the event that:
- the third party services and network providers cease to make the third party service or network available to us;
- we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
- we believe that there has been fraudulent use, misuse or abuse of features and functionalities of Melted Inside (in whole or in part); or
- we believe that you have provided us with any false, inaccurate or misleading information.
Clauses 7, 8, 9, 10, 11, 16 and 17 and all clauses required for their interpretation, shall survive termination of these Terms for any reason.
If we fail to comply with these Terms, we shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform our obligations. If our failure to comply with our obligations is not remedied following such reasonable opportunity then, subject to the remainder of this clause 7, our total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to £50.
We rely on third party providers (such as network providers, data centres and telecommunication providers) to make Melted Inside available to you. Whilst we take all reasonable steps available to us to provide you with a good level of service, you acknowledge and agree that we do not warrant that Melted Inside shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of Melted Inside as a result of our service providers.
Subject to the exceptions set out in the last paragraph of this clause 9, below, we shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
- consequential, indirect or special losses;
- loss of profits, income or revenue;
- loss of savings or anticipated savings, interest or production;
- loss of business or business benefits;
- loss of contracts;
- loss of opportunity or expectations;
- loss of goodwill and/or reputation;
- loss of marketing and/or public relations time and/or opportunities;
- loss of data; or
- loss of management or office time
or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms shall limit in any way our liability:
- for death or personal injury caused by our negligence;
- for an person acting in their capacity as a consumer section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
INTELLECTUAL PROPERTY RIGHTS
We and/or our licensors own all intellectual property rights in and to Melted Inside.
We hereby grant you a non-exclusive, non-transferrable limited licence to use the intellectual property rights in Melted Inside only for the purpose of using Melted Inside in accordance with these Terms.
You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of Melted Inside including without limitation, any information, articles, photographs, images or submissions made available to you using Melted Inside; and
- removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
All notices given by you to us must be given to Melted Inside International Limited using the contact details set out on Melted Inside. We shall give notice to you by posting details on Melted Inside, by using the e-mail or postal address you provided on registration, or such other e-mail or postal address as you notify to us in writing from time to time. Notice will be deemed received and properly served immediately when posted on Melted Inside, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them constitute the whole terms between you and us and supersede any previous arrangement, understanding or terms between you and us relating to the subject matter of these Terms. Each party acknowledges that, in entering into these Terms, (and the documents referred to in it), neither of them has relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.
Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
VARIATION OF THESE TERMS
We may amend these Terms at any time on the provision of notice in writing, by email or via a message displayed on Melted Inside. Your continued use of Melted Inside (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms. If you do not agree with the changes to these Terms, you may terminate your agreement with us by notice in writing or by email.
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the following:
- Acts of God, flood, earthquake, windstorm or other natural disaster;
- epidemic or pandemic;
- war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
- terrorist attack, civil war, civil commotion or riots;
- nuclear, chemical or biological contamination or sonic boom;
- any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;
- fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or adverse weather conditions;
- interruption or failure of utility service, including but not limited to electric power, gas or water;
- any labour dispute, including but not limited to strikes, industrial action or lockouts;
- non-performance by suppliers or; and
- collapse of building structures, failure of plant machinery, machinery, computers or vehicles.
LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If we fail at any time to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
We reserve the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of our obligations under these Terms.