‘Gramersi’ and ‘Gramersi.com’ are trading names of Gramersi Ltd (“Business”). Gramersi Ltd is a company that is registered in England and Wales. Our company number is 14103370. Our registered office address is 26 Bonaire, City Island, Leeds, LS12 1DL.
These terms (“The Terms”) are a legally-binding contract between you and Gramersi.
This contract sets out your rights and responsibilities when you use Gramersi, and any other services provided by us (we’ll refer to all of these collectively as our “Services”). By using any of our Services, you are agreeing to these terms:
- Creating An Account On Gramersi;
- Our Content Policy;
- How We Deal With Intellectual Property;
- Our Shopper Policy;
- Refunds, Returns, Cases, and Complaints;
All users of Gramersi’s services are bound by these Terms. Additionally, any business that registers and sells their products on Gramersi (“Vendors”) automatically agrees to, and is automatically bound by an additional set of policies, which can be found here.
Your Privacy (In A Marketplace Context)
Both Gramersi and vendors process members’ personal information (for example, shopper name, email address, and addresses) and are therefore considered separate and independent data controllers of shoppers’ personal information under UK law.
This means that each party is responsible for the personal information it processes in providing the services. For example, if a vendor accidentally discloses a shopper’s name and email address whilst fulfilling another shopper’s order, the vendor will be responsible for that unauthorised disclosure, not Gramersi.
We’re committed to being upfront about our privacy practices, including how we treat your personal information. This policy explains our privacy practices for Gramersi.com (“The Site”) and our other services, where applicable. This policy does not apply to the practices of third parties (including other members who sell using our services) who may also collect or receive data in connection with your use of the services.
We collect and process your personal information to run our business effectively, and to provide our users with the services. If you don’t want us to collect or process your personal information, please refrain from using our services. By using our services, you agree that Gramersi may collect and process the following information about you:
In order to provide user accounts, we collect the following personal information:
- First and last names,
- Billing and shipping address,
- Email address,
- Social login data (if you use social logins).
This information is used to:
- Auto fill the checkout form,
- Send you updates about vendors that you are following through the Gramersi platform,
- And keep you informed with important information about your account and non-marketing related information about the Gramersi platform (such as changes to these terms).
We will retain this information for as long as your account remains active. If you close your Gramersi account,
we will delete this information. If you have not logged in to your account for more than two years, we will assume your account is now inactive and close it. If you wish to close your account prior to the two years, contact us, and we will close your account manually.
Although we don’t condone sending personal information in messages, any personal information that you provide
via the messaging system will be stored until:
- We become aware of it, deem it inappropriate and delete it,
- Your account is closed (in which case, all messages will be deleted).
In order for vendors to fulfill orders, we collect the following data, and provide it to vendors:
- First and last names,
- Billing and shipping address,
- Email address.
We will retain this information for as long as you have an active account. If you close your account, or checkout
as a guest, we will retain the information for a period of two years, after which, we will only retain details about
the order, but we’ll remove the above personal information from it.
When you contact us via any method, we will need to process any personal information that you provide in that communication. We will use this information for the following purposes:
- To respond to queries;
- To rectify issues or correct incorrect information;
- To perform actions on your account, orders, or our systems in line with your reason for contacting us.
The information you provide will be stored in line with the reason for the communication (e.g. amendments to account information will stored inline with the account policy).
To provide some of our Services, we use third-parties to collect and/or process data. Some of these services collect
personally identifiable information, while others only collect anonymous data.
The Third Parties Are:
- MailChimp – used to provide newsletters and marketing emails,
- Stripe – used to process payments,
- One Signal – used for web push notifications,
- Plausible Analytics – used to record visitor traffic, browser, and/or device information and user activity,
- Google Analytics – used to record visitor traffic, browser, and/or device information, location, demographics and other data for analysing user behaviour.
Please check these service’s privacy policies for more information on how they collect, store, process and retain your personal information.
Other ways we may collect your personal data
The previously mentioned methods of collecting personal data are the ways we intend to collect your data, however they are not an exhaustive list. There may be times that we get your personal data by other means. Any data collected, via these other means, will be collected, stored, and processed within the bounds of GDPR, and removed when it’s no longer needed to fulfill the purpose for which it was provided.
By using our Services, you acknowledge that Gramersi may process and use this information in the following ways:
- For analytics purposes;
- To inform business decisions;
- Tailored marketing (where permission has been provided);
- Sending emails for legitimate business reasons, and/or market research to improve our service;
- Fraud prevention;
- Complaints and/or legal cases;
- To keep you informed about orders;
- Provide relevant information for Vendors to fulfil orders;
- Any other activity which can be deemed as for legitimate purposes.
We will never share your information with parties that don’t help us deliver our services, however there may be exceptions when we’ll use third-party services or applications, such as our payment provider, Stripe, for instance. Or, you may connect your Gramersi account to third-party applications or services, such as our Facebook login functionality.
If you don’t want to engage in these necessary third-party services or applications, you are more than welcome to close your account, or to refrain from using the services.
Gramersi gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you.
You may change or correct your Gramersi account information through your account settings. You may also remove certain optional information that you no longer wish for us to store. Alternatively, you can always contact us with a change request.
- You can also request to permanently close your account and delete your personal information;
- You can request a copy of your personal information in an easily accessible format and information explaining how that information is used;
- You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account;
- In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information;
- In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Gramersi;
- If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons;
- Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or by contacting us.
General Data Protection Regulation (GDPR)
You can find out more about the General Data Protection Regulation (GDPR) here.
The General Data Protection Regulation (GDPR) is UK regulation governing data privacy, which places new requirements on individuals and businesses offering services both within and into the UK. The aim of the GDPR is to harmonise the existing patchwork of data privacy laws currently in place across the UK.
The GDPR went into effect on 25 May 2018, and it gives individuals in the UK more transparency, rights, and control around the way their personal information is used. It also provides rights for data deletion, access, and portability. Safeguarding the privacy of our community of shoppers and vendors is important to how we do things here at Gramersi.
We’ll continue to review and update Site features to address privacy requirements such as GDPR to give you more control over your information, as well as transparency into Gramersi’s privacy practices.
Why did you send me an email notification when I’ve unsubscribed from marketing emails?
There may be times when we have to contact you for legitimate business reasons, i.e. regarding an order you have made.
Market Research And Feedback For Improvement
We love your suggestions and ideas! They can help us to improve your experience and our services.
Any ideas or other materials you submit to Gramersi are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Creating A Gramersi Account
When you create an account on Gramersi.com, you agree to the following terms:
- To provide accurate information about yourself. We prohibit the use false information or any attempt to impersonate another person or company through your account;
- You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates The Terms;
- The Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Gramersi;
- You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Gramersi’s Intellectual Property and vendor content) without our express permission;
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code;
- Follow our Trademark Policy.
- You may terminate your account with Gramersi at any time by contacting us;
- We may terminate or suspend your account should we have reason to believe you or your use of the services violate The Terms. If we do so, it’s important to understand that you no longer have a contractual or legal right to continue to use our services, for example, to sell or buy on our website. Generally, Gramersi will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated The Terms or we have legal or regulatory reasons preventing us from notifying you.
Our Content Policy
Our Editorial Policy As A Publisher
At Gramersi, we operate a fair and an ethical journalistic approach. This includes working directly with brands, and the PR’s that represent them, which is where we source the press releases that later become the news content on our site.
When a brand or a PR reaches out to us for a feature, we will only ever include information that they’ve provided. We do not include opinions, derogatory language, brash claims, and we will always try to keep our posts as factual as possible. When brands and PR’s approach us to feature them, by default, they consent to us using their press release and imagery for news and media purposes.
Often, our publishing process entails fact-checking certain pieces of information, or double checking with the brand or the PR in question that the information has been conveyed correctly in the piece. That being said, there may be occasions when either:
1. We are unable to fact-check certain pieces of information,
2. That the information included is inaccurate.
Whilst we can’t guarantee that we will be able to rectify the issue; if you’d like to contact us to notify us of any inaccurate information, we will always do our best to facilitate, which may result in certain posts being changed or taken down. If we ever do this, we will always notify the brand or PR in question.
There are certain types of content we don’t allow on Gramersi’s Services. These include, but are not limited to:
- Abusive, threatening, defamatory, obscene, vulgar or otherwise offensive language;
- False, misleading, or fraudulent content;
- Anything that violates our Prohibited Items Policy;
- Anything that violates of any part of our Terms.
If you notice that someone is posting content which breaks The Terms, please contact us immediately.
You may come across materials that you find offensive or inappropriate while using our Services:
- We make no representations concerning any content posted by users through the Services;
- Gramersi is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services;
- You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person.
- You understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users;
- Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
Our Anti-Discrimination And Anti-Hate Speech Policy
Our entrepreneurs have made themselves vulnerable, by putting their trust in us to tell their (often difficult) stories, and this is something that we take a huge amount of pride in. We’re proud to be a diverse community. Anyone and everyone is welcome on our platform, and we promote an inclusive environment. This policy explains the kind of behaviour we prohibit on Gramersi, to ensure that everyone has a positive experience.
Gramersi prohibits the use of any of our Services in a way which may discriminate against people based on the following attributes:
- National origin;
- Gender identity;
- Sexual orientation;
Additionally, at Gramersi, we do not allow hate speech of any form. Whether you’re engaging via social media, with articles on Gramersi.com, listing items, writing reviews, or having direct communication with other members of the Gramersi community (via messages, etc), discrimination and hate speech will not be tolerated.
If you believe that discrimination or hate speech has occurred on Gramersi.com, please report it by contacting us on our contact form, and we will investigate it, which may lead to account closure.
Our Intellectual Property Policy
The content uploaded on the Gramersi marketplace is generated by independent vendors who are not employees, agents, or representatives of Gramersi. Vendors are responsible for ensuring that they have all necessary rights to their content, and that they are not infringing or violating any third party’s rights by posting it.
Gramersi can’t speak on behalf of intellectual property owners, nor is Gramersi in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Gramersi will remove material cited for alleged intellectual property infringement when provided with the correct report.
Therefore, Gramersi reserves the right to disable any listing, shop, or account that we believe violates The Terms, including anything that breaches intellectual property, or that can be deemed as a prohibited item. Gramersi also reserves the right to take action against abusers of Gramersi’s Intellectual Property Policy or The Terms.
If you notice that someone is infringing another person’s intellectual property, please contact us immediately.
Reports of Intellectual Property Infringement
Gramersi strives to respond quickly when we receive a report of intellectual property infringement that complies with our policies, by removing or disabling access to the allegedly infringing material.
When Gramersi removes or disables access in response to a report, Gramersi makes a reasonable attempt to contact the affected member, provide information about the report and removal, an, in cases of alleged copyright infringement, provide information about how to submit a counter notice.
Gramersi may request additional information before processing a report, such as identity verification of the reporting party or documentation regarding the claimed right. Gramersi may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected member.
Gramersi may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Gramersi also reserves the right to take action against abusers of this policy.
In accordance with the Digital Millennium Copyright Act (DMCA), Gramersi accepts counter notices for copyright infringement reports only. When Gramersi receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party.
The removed material may be replaced, or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Gramersi of this action. Read more about DMCA notices, counter notices, and requirements here.
Gramersi terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances, at Gramersi’s discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member.
These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms, Gramersi reserves the right to terminate account privileges at any time, for any reason, and without advance notice. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.
Our Trademark Policy
The name “Gramersi” is a registered trademark of Gramersi Ltd, which means that you must acquire our express permission to use our name for any commercial, marketing, or media purposes.
Our Shopper Policy
Gramersi is a marketplace that enables brands to create their own shop on our platform. Gramersi only acts as a marketplace. We do not hold stock or fulfill orders on behalf of any of the brands (“Vendors”) we feature. This means that when you (“The Shopper”) are buying a product on Gramersi.com, you are buying from a brand directly, and the responsibility to fulfill your order sits with the Vendor.
By shopping on Gramersi, you understand that:
- Each vendor on Gramersi has their own processing times, delivery methods, and shop policies, and;
- As a member of the community, you have the opportunity to flag an item or a shop that violates any of Gramersi’s policies. Flagging is confidential.
Communicating With Other Gramersi Members
You can use Gramersi messages to communicate directly with Vendors. Messages are a great way to ask Vendors any questions you have about an item or an order. Messages may not be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations or spam;
- Harassing or abusing another member or otherwise violating our Anti-Discrimination Policy;
- Contacting someone after they have explicitly asked you not to;
- Interfering with a transaction or the business of another member; or
- Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Gramersi, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Gramersi.
Examples of interference include:
- Contacting another member via Messages to warn them away from a particular member, shop, or item;
- Posting in public areas to demonstrate or discuss a dispute with another member;
- Purchasing from a vendor for the sole purpose of leaving a negative review.
Harassment and Discrimination
Any use of Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.
Purchasing an Item on Gramersi
When you buy from a vendor on Gramersi, you’re directly supporting an independent business, each with its own unique listings, policies, and processing times. When you purchase from a vendor on Gramersi, our chosen system to authorise payments from any major credit or debit card is Stripe. For the safety of our community, and to avoid scams and fraud, all transactions must take place through the Gramersi checkout system.
It is prohibited to share contact information for the purposes of evading the checkout system on Gramersi. If you need to discuss the details of your order with your vendor, please keep your communication on the Gramersi platform (via messages).
Leaving a Review of an Item
Reviews are a great way to learn about a vendor’s items, help good vendors to build a strong reputation, or help to warn other shoppers about a poor experience. By leaving a review on a product, or on a vendor profile, you acknowledge that your content must not violate our rules, i.e.:
- Contain graphic, mature, or obscene language, or any content that is subject to our mature content policy;
- Be about things outside the Vendor’s control, such as a delivery company, Gramersi, or a third party;
- Include shilling or otherwise falsely inflate a shop’s review score;
- Undermine the integrity of the reviews system.
Our Refund Policy
Returning an Item
Each vendor has his or her own return policies, which should be outlined in their Shop Policies. Not all vendors accept returns. If you reside within the United Kingdom, you may be entitled to a 14-day “cooling off period,” or a “right of withdrawal,” during which you may return an item for any reason.
This right of withdrawal allows EU/EEA/UK consumers to withdraw from their purchase of physical goods within a period time, usually 14 days from delivery, and to return their purchase in exchange for a refund.
Refunds On Gramersi
If you’re looking to return an item, get a refund, or otherwise notify a Vendor of a problem with your order, the first thing you must do is contact the Vendor directly, via the messaging system. Each vendor sets their own shop policies regarding issues like these, so it’s important to read and understand the vendor’s shop policies.
If you’ve reached out to the vendor, and you haven’t heard back within 48 hours, or if the vendor is unable to resolve your issue within 48 hours, please contact us. When a shopper alerts Gramersi that there is an issue with their order that they were unable to resolve with the vendor within 48 hours, Gramersi will do their best to assist in the resolution of the case between the shopper and vendor.
This may include, but is not limited to, automatically closing the case and issuing a refund to you, or reviewing the case further to help the you and vendor work together to resolve the issue. If you have filed a charge-back with your credit card company, you can’t file a case. If you file a charge-back after opening a case on Gramersi, that Gramersi case will be closed.
In order to open a case with Gramersi, an order must meet the following criteria:
- The order is within the eligible time frame to open a case, based on an order’s estimated delivery date (if applicable) or processing time and “ship by” date;
- You have reported the order issue to the vendor via the messaging system, and have given the vendor 48 hours to resolve the issue;
- The order issue for which you wish to open a case meets the definitions below for non-delivery or not-as-described.
A non-delivery occurs when a shopper places an order but does not receive the item. Non-delivery cases include when:
- There is no proof that the item was dispatched to the Shopper;
- An item was sent to an address that is not on the Gramersi receipt;
Please note that Gramersi doesn’t hold Vendors responsible for shipping delays or errors, as long as the Vendors can prove that they shipped the item on time to the address on the Gramersi receipt. If a non-delivered item was shipped and has a tracking number, you may be able to contact the shipping carrier directly to open a claim.
An item is not as described if the Shopper can demonstrate (through photos or other documentation) that it is significantly different from the Vendor’s listing description and photos. Here are a few examples of not-as-described cases:
- The item received is a different colour, model, version, or size;
- The item has a different design or material;
- The Vendor failed to disclose that an item is damaged or is missing parts;
- The Shopper received the incorrect quantity of items (e.g. the Shopper purchased three items but only received two);
- The item was advertised as authentic but is not authentic;
- The condition of the item is misrepresented (e.g. the item is described as new but is used);
- Not-as-described cases can also be filed for late delivery.
An order may be considered a late delivery if:
- The item(s) were ordered for a specific date or event;
- The item(s) are rendered useless after that date;
- The vendor did not dispatch the item(s) according to their processing time or the date agreed upon in Messages;
If an item is significantly similar to the vendor’s listing description and photos, it is not eligible for a not-as-described case.
Ineligible Disputes and Transactions
Some disputes and transactions are ineligible for the case system, including:
- Items that are damaged by the delivery company (if properly packaged by the vendor);
- Items that have been altered, used, worn, washed, or discarded after receipt;
- Items that are received after the agreed-upon delivery date due to delivery delays;
- Items that are returned without a return agreement;
- Items that are accurately described but don’t meet a shopper’s expectations;
- Cost of postage disputes;
- Items that are purchased in person;
- Items prohibited from sale on Gramersi, including services and intangible goods;
- Transactions where payment is not made via Gramersi’s checkout system.
Cases Being Closed
Once a case is opened, Gramersi will usually resolve and close the case automatically on behalf of the Shopper and Vendor. Please note a case may also be closed automatically in the following circumstances:
- The Shopper is issued a full refund through Stripe;
- There is no tracking information provided, or the order’s tracking information shows that the package was delivered to the address on the Gramersi receipt (for non-delivery cases only);
- The Shopper closes the case, if they are satisfied with the resolution;
- In some cases, Gramersi may need to investigate further in order to resolve the case. Each case must remain open until a resolution has been reached. Gramersi may reach out to you to provide more information on the case, and you should promptly respond.
Gramersi reserves the right to resolve an order issue before the 48-hour window for circumstances including, but not limited to, vendor inactivity, harassment, refusal of service, manipulation, and undermining the integrity of the case system.
Gramersi may close or resolve a case due to lack of participation from either party, or reopen a previously closed case to further investigate tracking issues or other aspects of the dispute. To maintain the integrity of the case system, a vendor cannot encourage or require a shopper to close a case as a condition of resolving the dispute.
Disputes with Other Users
If you find yourself in a dispute with another user of Gramersi’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Shoppers and vendors who are unable to resolve a dispute related to a transaction on our website may contact us. Gramersi will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. Gramersi has no obligation to resolve any disputes.
You agree to release Gramersi from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with Gramersi
If you’re upset with us, please do let us know, and hopefully we can resolve your issue.
Warranties and Limitation of Liability: The Things You Can’t Sue Us For
- You understand that Gramersi does not manufacture, store, or inspect any of the items sold through our Services;
- We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent Vendors, so Gramersi cannot and does not make any warranties about their quality, safety, authenticity, or their legality;
- Any legal claim related to an item you purchase must be brought directly against the Vendors of the item;
- You release Gramersi from any claims related to items sold through our Services, including for defective items, misrepresentations by Vendors, or items that caused physical injury (like product liability claims).
What We Can’t Guarantee
- That the services will be secure or available at any particular time or location, beyond what is required by law;
- That the services will be free of viruses or other harmful materials;
- That our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms;
- In no event shall Gramersi’s aggregate liability for any damages exceed the greater of £100 British pounds (GBP) or the amount you paid Gramersi in the past twelve months.
Indemnification: What Happens If You Get Us Sued
If Gramersi ever gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Gramersi (including any of our employees) and not hold us responsible for any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of The Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Our Minors Policy
You are responsible for any and all account activity conducted by a minor on your account. You may wish to use commercially-available parental control protections, such as computer hardware, software, or filtering services, in order to limit access to various material online that may be inappropriate for minors.
The following restrictions are in place for legal reasons. All minors 13 and over, both Shoppers and Vendors, must follow these policies on Gramersi:
- Minors may not make purchases unless they have appropriate permission and are under the direct supervision of their parent or legal guardian who owns the account;
- All billing information must belong to the parent or legal guardian responsible for the account;
You must consider the age of age restricted items. If you are under the age of the age restricted item, it is illegal to make a purchase in this instance, particularly for a minor who is shopping without consent, or an elder who is buying that item on behalf of a minor.
Changes to The Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services.
Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
If you have any further questions regarding our policies, please do get in touch here.