Terms of Service

1. Who we are and what these terms cover

NearBuyYou ("we," "us," "the Platform") is an online marketplace operated by [Company Legal Name], a company registered in England and Wales under company number [XXXXXXX], with registered office at [address] ("Company").

These Terms of Service ("Terms") govern your use of the NearBuyYou website and app (together, "the Platform"), whether you are browsing, buying ("Buyer"), or selling ("Seller") on it. By creating an account or using the Platform, you agree to be bound by these Terms.

NearBuyYou is a marketplace that connects Buyers with local Sellers of fresh produce, food, and related goods. We do not grow, produce, process, or sell any of the goods listed on the Platform ourselves. Every listing is created and fulfilled by an independent Seller, who is solely responsible for the goods they sell.

2. Definitions

2A. Personal use only

Unless a Seller's listing expressly states otherwise, all purchases made via the Platform are for the Buyer's own personal or household consumption only, and not for resale or use in the course of any trade, business, or profession (for example, purchasing to supply a café, restaurant, shop, or other food business). This restriction applies with particular importance to Meat listings (see our Seller Requirements Policy), where certain Sellers rely on a "final consumer only" exemption from additional food approval requirements. Buyers who breach this restriction may have their account suspended, and Sellers should refuse or cancel any order they reasonably believe is for resale or business use.

3. Eligibility

3.1 You must be 18 or over to create a Seller account. Buyers must be 18 or over to purchase age-restricted goods (e.g. alcohol, if applicable) and otherwise must have permission from a parent or guardian if under 18.

3.2 Sellers must provide accurate identity, location, and business information as required for the categories they sell in (see Clause 5 and the Seller Requirements Policy), and must keep this information up to date.

3.3 We may refuse, suspend, or terminate any account at our discretion, including where we reasonably believe information provided is false, misleading, or where legal/regulatory requirements are not met.

4. Seller requirements

NearBuyYou applies one core requirement to Sellers: any Seller listing food must be a registered food business. Sellers of non-food items (such as live plants, seeds, and flowers) do not need food registration.

The full requirements, including what registration evidence must be provided and how it is verified, are set out in our Seller Requirements Policy, which forms part of these Terms. A Seller must meet the applicable requirement for every category they list in, and each food category is held inactive until the Seller's registration has been verified. Listing food without valid registration is a breach of these Terms and may result in listing removal and account suspension.

Certain categories carry additional conditions a Seller must acknowledge (currently: a safe-preparation self-declaration for low-acid preserves, and confirmation of licensed-abattoir slaughter plus a personal-use-only restriction for meat), as detailed in the Seller Requirements Policy.

5. Seller verification and badges

5.1 Sellers listing food must provide their food business registration details (local authority, registration number, and date of registration) together with supporting evidence, so we can verify it. We may also request reasonable additional information to confirm a registration is valid.

5.2 Where verified, we display a Verification Badge on the Seller's profile. A Verification Badge confirms only that we have reviewed the specific document or information stated — it is not a guarantee, endorsement, or warranty by NearBuyYou of the Seller's food safety practices, product quality, or ongoing compliance. Buyers should exercise their own judgement in addition to reviewing badges.

5.3 Sellers must notify us promptly if any certificate, registration, or licence relevant to a Verification Badge expires, is suspended, or is revoked. We reserve the right to remove a badge, suspend a listing, or suspend an account where we become aware that underlying documentation has lapsed or is no longer valid.

5.4 We carry out checks on a reasonable-efforts basis and cannot guarantee that every document reviewed is genuine or that every Seller's ongoing practices meet the required standard.

6. Listings and availability status

6.1 Sellers are solely responsible for the accuracy of their Listings, including descriptions, pricing, quantities, allergen information, and availability status.

6.2 Sellers can mark a Listing as Available Now, Coming Soon, or Sold Out. Sellers must keep this status reasonably up to date and must not knowingly leave a Listing marked as Available Now if it is not genuinely available for order.

6.3 Where a Buyer requests to be notified when a Sold Out Listing becomes available again ("Notify Me"), we will make reasonable efforts to send a notification but do not guarantee stock will be available at the time of notification, on a first-come, first-served basis unless otherwise stated.

7. Orders and payment

7.1 When a Buyer places an Order, payment is processed through the Platform's payment provider, Stripe. NearBuyYou charges a service fee of 2.5% per transaction, deducted from the amount paid to the Seller.

7.2 A contract for the sale of goods is formed directly between the Buyer and the Seller. NearBuyYou is not a party to that contract and is not the seller of record for any goods listed on the Platform.

7.3 Collection, delivery, and fulfilment arrangements are set by each Seller and shown on their Listing or profile. Buyers should check these arrangements before ordering.

7.4 Refunds and cancellations are subject to our Refunds and Cancellations Policy and, for Buyers who qualify as consumers, applicable UK consumer law including the Consumer Rights Act 2015.

8. Facilitator role, food safety, and liability

8.1 NearBuyYou is a facilitator only. We provide the platform through which independent Sellers list and sell goods to Buyers. We are not a party to the contract of sale, we do not manufacture, grow, process, inspect, handle, store, or transport any goods (unless we expressly state otherwise for a specific delivery feature we operate), and we never take ownership or possession of any goods listed on the Platform. Any payment collected via the Platform is collected on the Seller's behalf as a payment facilitator, not as consideration for a sale by NearBuyYou.

8.2 Sellers are solely responsible for ensuring that any food, drink, or agricultural product they list complies with all applicable law, including food safety, labelling, allergen, traceability, and hygiene regulations, and for holding any registration, approval, licence, or certification required by their local authority or relevant regulator, for as long as they continue to sell on the Platform.

8.3 Food business registration is the only Platform-level requirement for food Sellers. Beyond registering with the relevant local authority for each food category they sell (as set out in the Seller Requirements Policy), Sellers are solely responsible for deciding what further steps to take — including whether to obtain public or product liability insurance, food hygiene training, or any other precaution — and NearBuyYou does not require, verify, or track insurance cover as a condition of listing.

8.4 Indemnity. Each Seller agrees to indemnify and hold NearBuyYou, its officers, employees, and agents harmless against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the goods they list or sell, including any claim relating to food safety, quality, allergens, or fitness for purpose; (b) their breach of these Terms or of any applicable law or regulatory requirement; or (c) any inaccurate information they provide about their registration or verification status. This indemnity applies regardless of whether the Seller holds insurance to cover it.

8.5 Buyers with allergies or specific dietary requirements should contact the Seller directly before ordering to confirm ingredients and allergen information. NearBuyYou does not verify individual listing ingredients or allergen accuracy.

8.6 A Verification Badge reflects only that we reviewed the specific document or registration stated at the time it was checked, as set out in Clause 5. It is not a food safety inspection, endorsement, or guarantee by NearBuyYou, and Buyers should not treat it as one.

8.7 To the fullest extent permitted by law, NearBuyYou's total liability to any Buyer or Seller arising out of or in connection with use of the Platform, whether in contract, tort (including negligence), or otherwise, is limited to the greater of (a) the service fee paid to NearBuyYou on the relevant transaction, or (b) £100. This limitation does not apply to, and nothing in these Terms excludes or limits, liability for: death or personal injury caused by NearBuyYou's negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded or limited.

8.8 Nothing in this Clause 8 excludes or restricts a consumer Buyer's statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection law, which apply against the Seller as the party selling the goods.

9. Content, photos, and videos

9.1 Sellers may upload photos, videos, and text to their profile and Listings ("User Content"). Sellers retain ownership of their User Content but grant NearBuyYou a non-exclusive, royalty-free licence to display, reproduce, and promote it in connection with operating and marketing the Platform.

9.2 Sellers confirm they own or have permission to use all User Content they upload, and that it does not infringe any third party's rights.

9.3 We may remove any User Content that breaches these Terms, is inaccurate, or is reported as inappropriate.

10. Reviews and conduct

10.1 Buyers may leave reviews of Sellers and Orders. Reviews must be genuine, based on an actual experience with the Seller, and must not be defamatory, abusive, or misleading.

10.2 Users must not harass, abuse, or discriminate against other users, misrepresent their identity, or use the Platform for any unlawful purpose.

11. Data protection

We process personal data in accordance with our Privacy Policy, which explains what data we collect (including location data used to show local Listings), how it is used, and your rights under UK GDPR and the Data Protection Act 2018.

12. Suspension and termination

12.1 We may suspend or terminate any account, or remove any Listing, at our reasonable discretion — including for breach of these Terms, failure to maintain required verification, or conduct that risks harm to users or the Platform's reputation.

12.2 Users may close their account at any time via account settings or by contacting us.

13. Changes to these Terms

We may update these Terms from time to time. We will notify users of material changes (e.g. by email or in-app notice) before they take effect. Continued use of the Platform after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute, except where mandatory consumer protection law gives you the right to bring proceedings elsewhere.