Please read all the conditions and privacy polices carefully before proceeding to use our website, located at http://www.tosouk.com
ToSouk® is a registered trademark of ToSouk Limited.
ToSouk complies with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the site.
ToSouk is committed to protecting your privacy. Personal information is collected, used and disclosed only as described in this Privacy Statement and within the legal regulations of your country.
When a person register’s to use ToSouk services or to post content on our website, you will be accepting the Privacy Statement, by accepting this statement you are agreeing to all terms and conditions, in addition to any personal data being collected and disclosed as set forth below.
ToSouk will not sell, distribute or disclose information about you or your personal usage of the Site without your express consent or unless required or permitted to do so by law.
Please note that any name, username and email address you have selected shall be viewable to all users of the site. In addition to your name, username and email address being visible, other users shall be able to see any activity you have, which is not limited to; items for sale, ratings, all feedback, regardless if negative, positive or neutral and comments left by other users.
We only hold personal data for as long as deemed necessary by ToSouk. Once data is no longer needed it is deleted from our files. Please note that your identification, billing and contact information may remain in ToSouk’s records for some time.
In order to open a ToSouk account, please note that you will be required to provide identifying information, such as credit card information with matching billing address, name and address. Additionally, you will need to provide contact information in the form of an email address and create a username and password for your new ToSouk account.
Financial information that is received is treated with the upmost confidence and will not be forwarded to third parties. Additionally, any IP address, cookies or browsing history data that ToSouk automatically collects is used for research purposes, identification, improvements of service and anonymous reporting, however, this list is not exhaustive.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Some of the online ads you are served may be based on the content of the webpage you're visiting; others may be based on registration or other information you provide to us or our partners; and other ads may be customized based on predictions about your interests generated from your visits to other websites. Use of this information is often called interest-based advertising or online behavioral advertising (OBA). Our goal in using this information is to make the ads we show you as relevant and useful to you as possible.
When targeting an ad to you, adBrite does not know your name or any other personal information about you. adBrite recognises a number stored in your browser on an adBrite 'cookie', and shows ads related to the interest and inferred demographic categories associated with that cookie.
ToSouk’s website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
ToSouk is a virtual online market, where individuals or companies can exchange monies for handmade goods. Please note that all transactions are between the seller and the buyer, ToSouk does not in any way expressly or implied have any direct or indirect involvement over the transactions. ToSouk cannot either compel a buyer to complete and pay for the transaction. All transactions are deemed in ‘good faith’ to be completed.
Furthermore, ToSouk holds no liability or control over the quality, legality or safety of goods sold on the site. Please do your due diligence before any transaction. ToSouk does not transfer legal ownership of items from the seller to the buyer.
Although great lengths are taken to ensure the identity of users, ToSouk cannot anticipate for every eventuality, such as false identity, age or nationality of users, if possible, use a third party to verify identification before transactions. It is encouraged to inspect a user’s feedback wall and make contact with other users before finalising any transaction.
At present there are absolutely no listing fees and no sales fees for registering, listing or selling your items through ToSouk.com. ToSouk Limited reserves the right to review and amend this policy and may charge listing and sales fees in the future. If ToSouk do decide to charge listing and / or sales fees adequate notice will be given to all ToSouk members in advance. ToSouk will always aim to provide our customers with the best possible service by focusing on what is right for our site and or customers rather than our bank balance.
You agree that ToSouk is not responsible or liable for any content. You use the ToSouk service at your own risk.
ToSouk will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ToSouk of any unauthorised use of your password or any breach of security. You also agree that ToSouk cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than ToSouk without ToSouk's express written permission.
You are solely responsible for your conduct and activities on and regarding to ToSouk and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you submit, post, and display on ToSouk.
You (“the user”) in using ToSouk.com allow ToSouk the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for ToSouk to use this content both on and offline in perpetuity.
We always appreciate your feedback and suggestions regarding any of ToSouk’s policies, but you understand that we may use your content without any obligation to compensate you.
In no event shall ToSouk and its directors, employees or ToSouk's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and / or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, ToSouk's services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Under no circumstances will ToSouk. be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential, special or exemplary damages arising from the use of ToSouk’s website regardless of the form of action.
You must not solicit for new business on ToSouk or use tosouk.com to send unsolicited communications except to ask or inform others about ToSouk business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).
You must not link out from ToSouk to your own website directly or indirectly. ToSouk is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own website.
These terms and conditions may be modified periodically, it is mandatory to routinely check for any updates as notice may not be given; by continued use of the site, it is taken as agreement to any modifications.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales and/or your jurisdiction as pertaining to the sale of goods.
Members who do not comply with ToSouk's Terms and Conditions may be subject to a review, which can result in suspension /or termination and possible action taken with your company or ISP (internet service provider). Our administration reserves the right to change our Terms and Conditions at any time.
This website and its content is copyright of ToSouk - © ToSouk 2011. All rights reserved.
ToSouk ® is a UK registered trademark of ToSouk Limited.
ToSouk Limited’s policy toward copyright and intellectual property infringement is in accordance with UK intellectual property laws.
ToSouk may consider notices of an alleged breach of international laws as they pertain to ToSouk’s liability.
You may not, except with our express written permission, copy, distribute or commercially exploit any content included herein. Nor may any information, images or wording be transmitted or stored on hard copy form, in any other website or other form of electronic retrieval system.
If you misrepresent that a product or activity is infringing your intellectual property, you may be liable for legal damages. Therefore, if you are not sure whether the material infringes upon your intellectual property, please obtain legal advice before contacting ToSouk.
If you believe that material residing on ToSouk’s web site infringes a copyright or other intellectual property right, to provide ToSouk of notice of such infringement, you must send a written notice of the infringement via email or written to Suite 117, 30 The Downs, Altrincham, Cheshire, England. WA14 2PX and provide full details of the alleged infringement.
Once an infringement notification is received and reviewed ToSouk reserves the right to remove the material infringing upon the intellectual property.
If ToSouk removes the content in response to an infringement notice, ToSouk will make reasonable attempts to notify the member. Repeat offenders will be removed from the site and all their material will be removed. However, if ToSouk feels that the infringement in question is of a graver concern, members may be removed after one such incident.
For further information and guidance please visit the following website.
• You must be 18 years of age or older to use this site or you will not be legally able to enter into a legally binding contract to buy or sell via ToSouk.
• ToSouk was created to be a safe and friendly place to go. All members must be treated with courtesy and respect. You must not threaten, intimidate, harass or otherwise abuse any user on ToSouk
• You must not use ToSouk for any illegal or unauthorised purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content for example; libel law and must comply with all local jurisdictions.
• You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
• You are legally responsible for maintaining that the content you submit is your own and is not owned by others
If your account is suspended at any time you will be notified by way of the email address you have provided.
• Use caution when you select your username and email to use, it cannot be changed and you cannot use the same email for more than one account. The username you choose can also be your Souk name.
• When deciding on your Souk name try to think of a name that reflects what you are selling. Your Souk name can be changed but is not advised as you may lose your customer base.
• You may not use the word ToSouk in your username, Souk name or any products without permission.
• Mature content and/or profane language or images are not allowed in your username, Souk Name, Profile Picture, item titles, tags, Shop Announcements.
• You are responsible for keeping your password secure. You agree to inform ToSouk immediately if someone has been using your password and/or account without your permission.
• If you are a seller and have not logged in for 6 months, your account will be deactivated, pending your request for it to be reactivated.
• You can delete your account by emailing info@ToSouk.com. Please note that your identification, billing and contact information may remain in ToSouk’s records for some time,
• Keep your account information updated and accurate. Your account must have a valid email address at all times. ToSouk will use the email address on file in your account information to contact you when necessary.
• Do not use another account to harass other members; this will have repercussions against all of your accounts.
• Please do not sell items to yourself or buy items from yourself with a separate account, this is called shilling and offending accounts may be terminated.
• You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the system.
• A ToSouk account is meant for one person and one person only. This is made to avoid confusion among your peers and our administration.
• You accept full responsibility for any and all activity that takes place through your account, the bill and any transactions. This includes participation in any community parts of the site.
• You may not transfer ownership, lend or sell your ToSouk account to another party.
• You may not use ToSouk to direct shoppers to another online selling venue to purchase the same items as listed in your ToSouk shop, as this may constitute future fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).
ToSouk is a Marketplace, not a retailer; ToSouk’s role is to bring the buyer and the seller together. This means when you place your order on ToSouk, you are entering into a direct transaction and personal relationship with an individual seller (facilitated by ToSouk). The seller and buyer are entering into a legally binding contract which constitutes as a ‘contract’ however; ToSouk does not have any power or will not hold any liability to ensure that the transaction is completed in regards to payment or quality of product.
We encourage the two parties to independently work through the transaction to completion.
A transaction is created when a buyer completes ToSouk's checkout process. The seller and buyer will receive email notification from ToSouk with information about the transaction and an invoice record in My ToSouk. A ToSouk transaction is completed when the buyer pays and the seller ships the item via a mutually agreeable vessel, i.e. pickup, Royal Mail, express mail etc.
• Be encouraged to buy on our site or even window shop for amazing hand made, vintage and collectable items from all over the world.
• Make sure you know what you’re buying. Read the profile thoroughly to avoid buying something you may regret.
• Always try to rate the seller on the seller’s wall after you’ve bought an item to promote quality assurance.
• Use your correct shipping and billing address to avoid errors or delays in receiving an item.
• Talk directly to the seller by emailing them if you have any unanswered questions before buying anything.
• You must pay for items purchased by you, unless the seller has made a clear typographical error. You and you alone are liable for paying the seller if you commit to buy an item
• Do not give a seller your bank account details or credit card information or agree to send the money via Western Union, use vigilance when buying items over the internet. Always send payment for items directly to the seller via the payment gateway. Do not send payment to ToSouk.
• Treat your seller with mutual respect.
• Items can only be returned if agreed by the seller. Check individual seller’s policies on returns before purchase. ToSouk holds no responsibility for quality of items or the seller’s refusal to accept a return.
• In the event of a dispute concerning the return of the item(s) to a seller, the buyer may be asked to provide ToSouk with proof of shipping back to the seller. ToSouk will not hold the buyer responsible for postal or shipping service delays or errors, theft or customs delays when returning items to the seller.
In addition to the terms outlined above, know that each seller may have individual policies regarding returns, shipping, and accepted payment methods which will be posted in the item listing or sellers shop policies. If payment for a purchase is not submitted within 48 business hours directly to the seller via PayPal, the seller may cancel the transaction and re-list the item for sale. The seller also has the right and responsibility to leave negative feedback for a non-paying buyer. A buyer who fails to submit payment may have their account terminated or restricted.
ToSouk is a vibrant Marketplace where people search for that special something, where unique items can be sold. ToSouk product categories give you an idea of what's available, but you can be as creative as you like in what you sell as long as it is Handmade, Vintage or a Collectable Item.
• All Items listed for sale must be either, Handmade, Vintage or Collectable. For further information please read Handmade, Vintage and Collectable sections below.
• Always give as many details as possible when describing your item for sale. The description of the item must be accurate and detailed. Describe your product precisely. Buyers want to know what they’re buying. The more information you give about the item the easier it is likely to sell.
• When listing your item make sure it is placed under its appropriate category with appropriate tags.
• Items for sale that are of mature content must be listed as containing mature content. All items for sale must comply with ToSouk’s mature content policy. For further information please read the mature content section below.
• Be aware of the legal requirements your description may have to fulfil. If, for example, you're selling toys which contain small parts that children might swallow easily, mention this separately in your product description.
• Never use false descriptions, prices, or photos to promote your product.
• Do not use photos or written text owned (copyrighted) by someone else without their direct permission.
• Never list an item you don‘t intend to sell, for instance the item is not for sale, sold out or purely for promotion.
• An item may not be listed for the sole purpose of sharing photographs or other information with the community.
• All Items are listed for sale and are not to be listed as available for rental or for lease.
• You may price an item how you choose; however, a listing should not be created with an inaccurate price in order to keep it from selling.
• You may not set a minimum purchase amount requirement in your shop.
• Each unique item must have its own listing. You may group items as a set into a single listing if the items are being sold together. You may offer options for different sizes.
• You must not list prohibited items – for a list of such items please refer to prohibited items list. ToSouk reserves the right to change this list at any time and without notice.
• Your individual shop policy for selling your products, regarding returns, shipping, and accepted payment methods must be easily viewable for your customers. We advise that this is shown on each individual item for sale. This then avoids any confusion.
• The shipping cost must be reasonable for each item. The shipping cost must state clearly the price and to which part of the world, for instance shipping to the UK, Europe, Rest of the World.
• Act professionally when dealing with your customers, be as kind and as understanding as possible to avoid conflict. Treat the buyer with a mutual respect.
• The seller may cancel a transaction for the following reasons:
• If payment for a purchase is not submitted within 48 business hours directly to the seller via the payment gateway.
• Both the buyer and seller agree to cancel the transaction prior to shipment. If the buyer has already paid, the seller has refunded buyer (price paid for item plus shipping).
• You must notify the buyer and ToSouk of all cancelled transactions.
• The seller must ship goods within a reasonable amount of time, according to transaction agreement.
• The seller must respond to a non-delivery report by contacting ToSouk. A non-delivery report will not be closed until the seller contacts ToSouk.
• The seller may be asked to provide ToSouk with proof of shipping in the event of a dispute.
• Always leave feedback for your buyer after a transaction is complete. This helps to build relationships between buyers & sellers and gives confidence to future sellers
• Make sure you log into your account at least once within every 6 months, if you are inactive your account will be put on hold pending your request to reactivate.
• You must never post links or URLs anywhere on your ToSouk profile to lead customers away from the site.
ToSouk encourages sellers to engage in clear and consistent communication, the better your customer service the more likely they are to leave good feedback and return to buy again in the future. Sellers who do not comply with ToSouk’s policies listed above may be subject to review, which can result in items for sale being removed or suspension of their account or termination.
Handmade items must be created by the seller. Handmade means something made by an individual, rather than one made by mass production. It need not literally mean that no machine at all is used in making it. The term "handmade" can additionally be interpreted as "hand-assembled" or "hand-altered”. Below are ToSouk’s policies regarding handmade items that can or cannot be sold at ToSouk.
• Selling commercial or mass-produced items in our handmade categories is not permitted.
• You may not list handmade items that you did not create unless you have express permission from the creator. This would be considered reselling and is not permitted.
• An item is not considered handmade if it has only been tailored, repaired or restored.
• You may not list an item for sale if it has been made from a self assemble kit. Unless you have significantly changed the item from the original design.
• If you are reconstructing or significantly altering a vintage item, these items should be considered handmade.
We define vintage items as high quality products that are at least 20 years old. These may only be listed in the designated main category "Vintage". They can include fashion, accessories, jewellery and bags, as well as designer objects, furniture, art, antiques and other stylish collectables. The products listed here can be handmade, hand-refurbished or even factory-made. If they are handmade, you get to decide whether to list your products in "Vintage" or one of the other main categories.
Acceptable collectables for sale are items of limited supply that are sought for a variety of reasons including a possible increase in value. These items include stamps, antiques, coins and art and original pressings of vinyl records as well as others.
We do not allow the sale of "manufactured" collectables (often referred to as a contemporary collectable) this is an item made specifically for people to collect. The terms special edition, limited edition and variants such as deluxe edition, collector's edition and others, fall under the category of manufactured collectable.
If you have any doubts about what category your item should be listed under or whether your item is permitted for sale on ToSouk please contact us at info@ToSouk.com We reserve the right to block or delete your listing (in full or in part), without prior notice if we deem your listed item to be in breach of ToSouk policies.
ToSouk wants to provide a marketplace where a wide range of people feel comfortable searching for that special something. We want the content on our site to be appropriate for general audiences. Therefore any items for sale that contains mature content must comply with the following policies. Mature content is defined as: visual depiction of male or female genitalia, sexual activity or of a sexual nature or content, profane language or graphic violence. We are aware that some items like fine art will contain nudity or violence therefore, exceptions are as followed.
• Items containing nudity must be of a completely non-sexual nature
• If your item contains violence it must be for the express purpose of making a statement. (e.g. war photos or paintings) Not just violence for violence sake.
• Coarse language is only acceptable in its correct context if you are in doubt, please contact ToSouk before posting your item(s) for sale.
• All acceptable mature content must be tagged as "mature". You must also include the word "mature" in the item title.
• The first thumbnail image in your item listing should be kept appropriate for general audiences; additional images in the listing may show the item in its entirety. Mature content and/or profane language or images are only allowed in the second, third, fourth and fifth photos of an item listing and the description text of a listing.
Unacceptable Mature Content is defined as any items, photos, personal information, text, graphics, links, or videos containing:
• sexual activity or context
• profane language
• graphic violence
• drug paraphernalia
This is a grey area and we ask that you use your best judgment in this matter. If you are unsure about the item you are listing or you come across any item or material that you deem to be unsuitable please contact us email@example.com we will then review each case.
ToSouk.com is meant to be a safe and friendly environment. Therefore, in order to keep our integrity intact, we may at any time, remove any unacceptable mature content from your account without notice. Furthermore, depending on the severity of the violation, your account may be suspended or terminated.
There are a number of different items that we don’t allow to be listed for sale at ToSouk, even if these items are legal and meet ToSouk's selling policy. We want sellers on our site to make moral or ethical decisions regarding what they sell. You may not sell any item deemed to be illegal or any of the following items on ToSouk.com:
• Firearms and/or weapons
• Articles under embargo
• Mailing lists, compilations of personal data
• Multilevel marketing, pyramid and matrix schemes
• Stolen items
• Travel vouchers, plane, train or bus tickets
• Items whose sale or distribution contravenes trademark rights or ancillary copyright, industrial property rights (e.g. brands, patents, utility models and registered designs) or other rights (e.g. picture, name and personal rights).
• Propaganda articles and items displaying the distinguishing marks of unconstitutional organisations
• Pornographic items and those potentially harmful to minors
• Forbidden weapons as well as all forms of ammunition
• Radioactive substances, poisonous and explosive substances, as well as all dangerous chemicals
• Live animals, illegal animal products and preparations made from endangered animal species or plants
• Human organs
• Commercial papers (particularly shares), money market or financial instruments, credit, loans and financial aid
• Promissory notes and legal titles as well as other debts for collection arising from legal transactions
• Items you may own, but whose use is prohibited
• Drugs, drug-like substances, drug paraphernalia
• Medical products whose sale is prohibited by law
• Items made with child labour
• Real estate and equivalent rights
• Recalled items
• Motor vehicles (automobiles, motorcycles, boats, etc.)
• Items or listings that promote, support or glorify hatred toward or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; including items or content that promote organizations with such views
• Items or listings that promote or support illegal activity or instruct others to engage in illegal activity
• Items or listings that promote, support or glorify acts of violence or harm towards self or others
We reserve the right to block or delete your listing (in full or in part), without prior notice if we find evidence of a breach of ToSouk’s policies. Recurring or serious violations could result in exclusion from trading on ToSouk.com and/or notifications to the relevant authorities if necessary. We also reserve the right to remove items from the ToSouk catalogue at our discretion if we feel that these items don't fit in with our range of products or image.
Conversing covers any form of communicating with a peer or administrator of ToSouk.com We encourage you to exchange ideas and information with others, leave comments on their profiles, send them personal messages, give feedback, participate in forum discussions. We want you to make friends, build business relationships or just simply get to know people. We aim to build a friendly community were everyone is treated with mutual respect. Please help us make this work by observing a few rules
• Treat others with respect and a courteous manner at all times.
• Defamatory statements, insults, harassment, personal attacks and insinuations will not be tolerated.
• Be supportive by giving tips and suggestions to other users.
• Non-constructive criticism. Provocative statements will be deleted from our site.
• Do not discuss specific transactions and/or feedback in the public community (“forum”). If you need help with any transaction it should be raised via firstname.lastname@example.org privately.
• Be aware of the topics in the forum and post your comments under the appropriate topic title. Any posts in the wrong section will be moved without warning.
• You must not send unsolicited advertising or promotions, requests for donations. No Spam!
• Conversing with other members may help build a mutually beneficial business relationship.
• Never harass or threaten anyone affiliated with ToSouk.com and always report an offender.
• If someone tells you they don’t want to hear from you, don’t attempt to contact them.
• Never post private information like email, phone numbers, or addresses. Yours or anyone else's. Don't publish any messages or e-mails that you've received from other people.
• Do not copy other people's words or pictures and use them as your own. This applies to comments, forum posts, item descriptions and all other written content you might post
• You must not contact another user to buy or sell an item listed on ToSouk outside of ToSouk's marketplace.
ToSouk will investigate any reports of abusive emails, comments or any other breach of our policies. We also reserve the right to close any Forum thread for any reason. Failure to abide by our rules will result in temporary suspension, termination, and/or removal of chat privileges.
You (the buyer and/or seller) will always be given the option to provide negative or positive feedback via the wall on individuals profile page for every successful transaction made. Feedback affects a member’s reputation so we ask that you take it seriously. Your comments should always be factual. Fairness and honesty are essential for the feedback system to work.
• Profanity or ominous negative feedback is strictly prohibited.
• Be clear in your feedback, explain the situation if you have left negative comments.
• Never give yourself ratings with another account.
• Always try to resolve any issues with the seller or buyer before posting feedback.
If you have received false negative or ominous feedback, please let us know so we can investigate the situation.
Members who do not comply with ToSouk's policies may be subject to a review, which can result in suspension /or termination and possible action taken with your company or ISP (internet service provider). Our administration reserves the right to change our Rules & Regulations at any time.
The responsibility for complying with relevant legislation lies solely with the seller, so it is vital that all sellers understand the laws that may apply to their products, in addition to other legislation with trading regardless if online or otherwise. The legislation here is mainly relevant to UK sellers. If you are selling from another country we advise that you research any Legal Obligations that apply to your country when selling online. Furthermore, if you are selling items from another country for use or consumption in the United Kingdom, it is imperative that you (the seller) know the legal ramifications for importing such items into the United Kingdom.
All ToSouk sellers must comply with UK legislation, including the following, yet not limited to:
• The Consumer Protection Act
• The General Product Safety Regulations
• The Toy Safety Regulations
• The Cosmetic Products Safety Regulations
• The Furniture and Furnishings Fire Safety Regulations
• The Nickel in Jewellery Regulations
• The Food Imitation Safety Regulations
The following websites have information and guidance on safe trading:
• Department for Business Innovation and Skills: Information on the relevant laws and regulations that apply to consumer and product safety policy issues
• Business Link: Ensure your products are safe
• Trading Standards website.
Please note that sellers must do their own due diligence regarding keeping up to date with UK legislation in regard to selling items. The list above is not exhaustive and only a base guideline.
When buying or selling something made of a precious metal on ToSouk, please be aware of The Hallmarking Act which requires all precious metals sold in the UK to be hallmarked. This process independently validates the precious metal content of the item.
Items to be exported may be exempt from hallmarking depending on the destination; it is the responsibility of the seller to have adequate knowledge of the laws surrounding hallmarking.
The following links are to the British Hallmarking Council. Here you can download a guide to hallmarking requirements. You can also find information about the 4 UK assay offices:
The European Distance Selling Regulations (periodically abbreviated as DSRs) set out the legal requirements for selling online. It is vital that all ToSouk sellers understand and abide by them.
The regulations cover:
• descriptions of items and services
• delivery arrangements
• The Office of Fair Trading: Distance Selling Regulations
• DTI: A Guide for Business on Distance Selling (PDF)
• Trading Standards website.
You (the seller) are responsible for all applicable taxes in respect of any sales at www.ToSouk.com
This document is intended for use as a guide to a UK tax position and should not be relied upon for tax advice and/or for use in other, non-UK jurisdictions. Tax rates are correct at the time of publication (7th July 2011). ToSouk cannot be held responsible for any persons using this guide to complete their tax returns. If unsure of tax regulations, it is advisable to seek advice from your tax office or a local tax advisor.
Trade or hobby?
The first question you need to ask yourself is "Am I trading?"
HM Revenue & Customs (HMRC) have specific rules to determine what is "trading". In a nutshell, if you are "carrying out a trade with a view to making a profit" then you are indeed trading.
You might think that purely by registering on ToSouk (or any other trading website) that you are trading, but it is not quite as simple as that.
If you merely using ToSouk to sell on items you have made at cost (i.e. you enjoy making items as a hobby and sell surplus items at the cost price of the materials, or at a loss) HMRC are unlikely to view this as a trade. If, on the other hand, you are making items for the express purpose of selling them for a profit then this is likely to be considered trading. Your local tax office will be able to provide more guidance on this.
You should notify HMRC as soon as you become self-employed. If you do not notify them by 5 October following tax year you become self employed (i.e. 5 October 2011 for the tax year ended 5 April 2011) then you may have to pay a financial penalty – and a further penalty of up to 100% of your tax liability may be due if a tax return is not filed.
You may also be required to pay a penalty for failing to notify the National Insurance Contributions Office within 3 months of the trade commencing.
In addition to this, if you anticipate that your turnover will exceed £73,000 (2011/2012 rate) looking back over a rolling 12-month period - or that the limit will be breached in the next 30 days, you should register to pay VAT.
If VAT is legally due, the seller bears the responsibility of paying that VAT to the tax authorities. If there is any question as to the seller's VAT (or any other tax liability), the seller should consult an independent advisor and/or local tax authority. Users of ToSouk are not permitted to add VAT to the final item price after the item has been sold. Where applicable VAT must be included in the listed price of the item. ToSouk is not responsible for failure to add the required VAT at the time of the sale.
All information contained on this page is a helpful guide and should be treated as such. ToSouk holds no responsibility or liability for failure to adequately included necessary VAT to items. By Using ToSouk’s website, you are agreeing to hold ToSouk harmless from any liability arising from failure to report earnings or paying all or any necessary tax liabilities.