Last updated: 2 May 2026
At a glance
- This Agreement applies to anyone who sells via Bespique. It sits alongside the Terms of Service, Privacy Policy, Refund Policy, and Acceptable Use Policy.
- You (the Seller) are the merchant of record. Bespique is a marketplace and your commercial agent — Bespique is not the seller, manufacturer, importer, or supplier.
- You must hold valid product liability insurance (minimum £2 million per claim and aggregate).
- We are in a launch / trial period. During this period Bespique may set commission anywhere between 0% and 20% per Order. The applicable commission for any Order is shown on your Seller dashboard before you accept the Order.
- Overseas Sellers shipping items over £135 to UK Buyers must ship Delivered Duty Paid (DDP) — the Buyer must never be charged customs on delivery.
- You retain ownership of your designs and content; Bespique gets a licence to display them on the Platform.
- Bespique can suspend or terminate Sellers who breach this Agreement, the Acceptable Use Policy, or applicable law.
1. About this Agreement
1.1 This Seller Agreement ("Agreement") is between BESPIQUE LIMITED, a company registered in England and Wales under number 16939121 whose registered office is at Platned Ltd, Europa House Gerrards Cross, Marsham Way, Gerrards Cross, United Kingdom, SL9 8BQ ("Bespique", "we", "us", "our"), and you ("Seller", "you", "your").
1.2 By creating a Seller account, publishing a Listing, or accepting an Order via the Platform, you agree to be bound by this Agreement, the Terms of Service, the Privacy Policy, the Refund & Returns Policy, and the Acceptable Use Policy, all as updated from time to time.
1.3 In the event of conflict between this Agreement and the Terms of Service, this Agreement prevails in respect of the Seller relationship. Statutory consumer rights are unaffected.
1.4 Capitalised terms not defined here have the meanings given in the Terms of Service.
2. Your status as Seller
2.1 You confirm and warrant that:
(a) you are at least 18 years old; (b) you have full legal capacity and authority to enter into this Agreement; (c) where you act as a business (sole trader, partnership, company, or other entity), you are duly registered and authorised to operate in your jurisdiction; (d) you act in your own name and on your own account when listing and selling Products via the Platform; and (e) you are responsible for compliance with all laws applicable to your sale of Products, including consumer protection, product safety, intellectual property, tax, customs, sanctions, anti-bribery, and data protection law.
2.2 Sellers may be UK-based or overseas. Overseas Sellers are subject to additional obligations in clause 8 (customs, duties, marketplace VAT).
3. Bespique's role — marketplace and commercial agent
3.1 Bespique operates a marketplace. We provide technology that enables you to publish Listings, communicate with Buyers, accept Orders, and receive payments.
3.2 The contract for the sale of any Product is directly between you and the Buyer. Bespique is not a party to that contract. Bespique is not the seller, manufacturer, importer, distributor, or supplier of any Product.
3.3 Bespique acts as your commercial agent for the limited purpose of:
(a) concluding Orders on your behalf with Buyers via the Platform; (b) collecting payment from Buyers in your name; (c) holding those funds on trust for you pending payout under clause 6; (d) deducting Bespique's commission and any chargeable amounts under this Agreement; and (e) administering refunds, disputes, and chargebacks in accordance with this Agreement and the Refund Policy.
3.4 Payment by a Buyer to Bespique under clause 3.3(b) discharges the Buyer's obligation to pay you for the Product.
3.5 Bespique does not endorse, inspect, pre-approve, or guarantee any Listing, Product, or Seller, beyond the verification steps described in clause 5. Verification does not amount to a warranty by Bespique that you are suitable or that any Product is of satisfactory quality.
4. Your obligations as a Seller
4.1 Accuracy of Listings. Each Listing must:
(a) accurately describe the Product, its materials, dimensions or size, country of origin, and any handcrafted or industrial elements; (b) state whether the Product is Bespoke or Ready-to-Wear; (c) state the price in GBP, inclusive of UK VAT where chargeable; (d) state realistic estimated delivery times — both production lead time (for Bespoke) and shipping; (e) include only photographs of the actual Product (or, for Bespoke, accurate samples representative of what will be made); (f) not include misleading "from" pricing, fake scarcity, fake countdowns, or other practices that breach the Consumer Protection from Unfair Trading Regulations 2008; and (g) comply with the Acceptable Use Policy regarding prohibited and restricted Products.
4.2 Order fulfilment. Once you accept an Order:
(a) you must dispatch within the lead time stated on the Listing, or within 30 days of contract formation if no shorter time is stated (CCR 2013 default); (b) you must use a tracked delivery service for any Order with a value of £50 or more and provide tracking information via the Platform; (c) for Bespoke Orders, you may only mark the Order "In Production" once you have actually begun work (sourcing bespoke fabric, cutting, beginning construction). Marking an Order "In Production" prematurely is a material breach of this Agreement; (d) you must respond to Buyer messages within 2 Business Days.
4.3 Statutory consumer rights. You must comply with UK consumer law in respect of any sale to a UK Buyer, including (without limitation):
(a) the Consumer Rights Act 2015 (satisfactory quality, fit for purpose, as described, repair / replacement / refund); (b) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (14-day cancellation for Ready-to-Wear; pre-contract information disclosures); (c) the Consumer Protection from Unfair Trading Regulations 2008 (no misleading actions or omissions); (d) the General Product Safety Regulations 2005 / Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, and labelling requirements (e.g. textile fibre composition labelling under the Textile Products (Labelling and Fibre Composition) Regulations 2012); and (e) any other law applicable to the Product (e.g. children's clothing safety standards, flammability standards, nightwear regulations).
4.4 Refunds. You must process refunds in accordance with the Refund & Returns Policy. Where Bespique is administering a refund as your commercial agent under clause 3.3, you authorise Bespique to deduct the refund amount from your held balance or claw it back from a future payout.
4.5 Communication. You must use the Platform's messaging function for Buyer communications. You must not solicit Buyers off-Platform, share contact details to circumvent fees, or attempt to direct repeat business outside the Platform (see clause 7.5).
4.6 No discrimination. You must not refuse to sell to a Buyer on the basis of any protected characteristic under the Equality Act 2010 (age, disability, gender reassignment, marriage / civil partnership, pregnancy / maternity, race, religion or belief, sex, sexual orientation).
5. Account verification (KYC)
5.1 Bespique operates a tiered verification approach:
(a) Tier 1 — Sign-up: verified email, name, country, and payout method. Bank account verified automatically by our payment processor (Stripe Connect). (b) Tier 2 — Before first payout: verified ID document and proof of address via Stripe Identity (or equivalent). For Sellers claiming business status, business registration evidence (e.g. Companies House extract, sole trader VAT or HMRC registration, equivalent overseas). (c) Tier 3 — Manual review: triggered by fraud signals, dispute rate above threshold, or sales above £5,000 / month. May require additional documentation (portfolio samples, references, beneficial ownership disclosure).
5.2 You must provide accurate and up-to-date information for each verification tier and notify Bespique of material changes (change of business name, ownership, registered address, etc.) within 30 days.
5.3 Bespique may suspend payouts, restrict listings, or terminate the account where verification fails, expires, or is reasonably suspected to be inaccurate.
5.4 Verification by Bespique (or its processors) is for fraud-prevention and regulatory purposes. It does not amount to an endorsement of you or your Products.
6. Payouts and payment processing
6.1 Currency. Bespique collects payment from Buyers in pounds sterling (GBP). Sellers are paid in GBP. Sellers are responsible for any currency conversion required to receive funds in their local currency, including bank fees, FX margins, and any tax implications.
6.2 Hold period. Funds collected on your behalf are held by Bespique (or via our payment processor's connected accounts) for a hold period of 7 days from the date the Buyer marks the Order as Delivered, or 14 days from dispatch where no Delivery confirmation is received, whichever is earlier. The hold period covers chargeback and dispute risk.
6.3 Payout schedule. Subject to clause 6.2, payouts are processed monthly, on the first Business Day of the calendar month, for all eligible funds held at month-end.
6.4 Minimum payout threshold. A minimum of £25 must be held before a payout is initiated. Sums below the threshold roll forward to the next payout.
6.5 Deductions. Bespique may deduct from payouts:
(a) Bespique commission (clause 7); (b) refunds processed under the Refund Policy or by Bespique's discretion under the Terms of Service; (c) chargeback amounts and chargeback fees levied by the payment processor; (d) customs / duty refunds made to Buyers under clause 8.4; (e) any other amounts owed by you to Bespique under this Agreement.
6.6 Negative balances. If deductions exceed the held balance, the negative balance becomes immediately payable to Bespique. We may invoice you and / or recover from future payouts.
6.7 Dormant balances. If a Seller account is closed or inactive and a positive balance remains, Bespique will hold the balance for 6 years and then treat the funds in accordance with the Unclaimed Money provisions of UK law.
7. Commission and fees (launch / trial period)
7.1 Trial period. Bespique is currently operating a launch / trial period during which commission rates are not fixed. Bespique reserves the right to set commission anywhere between 0% and 20% of the gross sale price (excluding shipping and any taxes collected by Bespique on behalf of HMRC) per Order.
7.2 Disclosure per Order. The applicable commission rate for any individual Order will be shown on the Seller dashboard before you accept the Order. By accepting the Order, you agree to the commission shown.
7.3 Variation of commission. Bespique may adjust default commission rates from time to time. Any change to the default rate will be notified to Sellers by email and dashboard notice at least 14 days before it takes effect. The change does not affect Orders already accepted.
7.4 Other fees. Bespique does not currently charge listing fees, subscription fees, or per-payout fees during the trial period. Bespique reserves the right to introduce such fees on at least 30 days' notice by email and dashboard notice.
7.5 No off-platform circumvention. You must not solicit, encourage, or accept payment from a Buyer outside the Platform for any Product or service first arranged via the Platform. This includes Direct Bank Transfer, PayPal direct, cash, or any other off-Platform payment method. Off-platform circumvention is a material breach and Bespique may invoice you for the commission that would have been earned, plus an administrative fee of £100 per incident.
8. Overseas Sellers — customs, duties, and VAT
8.1 This clause applies to Sellers whose Products are dispatched from outside the United Kingdom.
8.2 Marketplace VAT (consignments ≤ £135). For consignments of imported goods with an intrinsic value not exceeding £135 sold to a UK consumer, Bespique is treated as the supplier for UK VAT purposes under HMRC marketplace rules in force from 1 January 2021. Bespique collects UK VAT at checkout, accounts for it to HMRC, and the Seller's supply to Bespique is zero-rated. No further UK VAT is due from the Seller in respect of these supplies.
8.3 DDP requirement (consignments > £135). Where the consignment value exceeds £135, you must ship on a Delivered Duty Paid (DDP) basis. UK import VAT and customs duty must be pre-paid by you through the courier (for example via Royal Mail PDDP, DHL, FedEx, or UPS DDP services). You must:
(a) include the DDP-related cost in the shipping cost shown on the Listing (so it is visible to Buyers at checkout); (b) ensure the courier does not request any payment from the Buyer on delivery; and (c) provide accurate customs documentation (commercial invoice, HS tariff code, country of origin).
8.4 Buyer protection — surprise charges. If a Buyer is required to pay any customs charge, import VAT, duty, courier handling fee, or other border-related charge as a condition of taking delivery, Bespique will refund the Buyer in full and deduct the equivalent amount from your next payout. You waive any objection to such recovery where the Buyer provides reasonable evidence (e.g. courier receipt) of the charge.
8.5 Restricted destinations and sanctions. You must not list or ship Products to any person, entity, or destination subject to UK, EU, US, or UN sanctions. You are responsible for screening your customers as required by applicable sanctions law.
8.6 Country-of-origin and labelling. You must comply with UK product labelling and country-of-origin marking requirements applicable to the Product (e.g. textile fibre composition labelling, country of origin on the label or invoice).
9. Product liability insurance
9.1 You must hold and maintain valid Product Liability insurance with a minimum cover of:
(a) £2,000,000 per claim; and (b) £2,000,000 in aggregate per policy year.
9.2 You must:
(a) declare your insurer and policy number on the Seller dashboard; (b) provide a copy of the certificate of insurance on request within 5 Business Days; and (c) notify Bespique within 30 days of any cancellation, expiry, refusal of renewal, or material change to cover.
9.3 The minimum cover applies regardless of whether you operate as an individual / sole trader or as a business. UK-based small Sellers can typically obtain Product Liability cover through brokers such as Hiscox, Simply Business, or Superscript at a cost of approximately £80–£300 per year.
9.4 Bespique may require higher cover for specific Product categories or higher-volume Sellers on 30 days' notice.
10. Intellectual property
10.1 Your IP — your ownership. You retain ownership of all intellectual property rights in your designs, photographs, descriptions, and other content uploaded to the Platform ("Seller Content").
10.2 Licence to Bespique. You grant Bespique a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to:
(a) host, store, and display the Seller Content on the Platform and via Bespique's apps; (b) reproduce, modify (technical resizing / formatting only), and distribute the Seller Content for the purposes of operating, promoting, and marketing the Platform (including via search engines, social media, and email marketing); and (c) use your trading name, logo, and brand for the same purposes.
10.3 The licence in clause 10.2 survives termination of this Agreement to the extent necessary for archival, dispute resolution, fraud prevention, and legal-compliance purposes.
10.4 Warranty. You warrant that the Seller Content does not infringe any third party's intellectual property, privacy, publicity, or other rights, and that you have all necessary rights and consents to grant the licence in clause 10.2.
10.5 Indemnity. You indemnify Bespique against any claim, damages, losses, costs, and expenses (including reasonable legal fees) arising from a third-party claim that any Seller Content or Product infringes their intellectual property, breaches product safety or labelling rules, or otherwise breaches your obligations under this Agreement.
11. Reviews
11.1 Buyers may submit reviews of you and your Products after delivery. You may respond once to each review via the Platform.
11.2 You must not:
(a) submit fake reviews (positive or negative) of yourself, competitors, or any Seller; (b) offer, request, or accept any incentive (discount, refund, gift, free Product) in exchange for a review; (c) coerce, threaten, or harass a Buyer in respect of a review; or (d) publish or disclose any Buyer's personal data outside the Platform's response function.
11.3 Bespique may remove reviews that violate this clause or the Acceptable Use Policy and may suspend or terminate the accounts of those involved.
12. Data protection
12.1 You and Bespique are independent controllers of personal data shared via the Platform for the purposes of fulfilling Orders. You are an independent controller from the moment Bespique transfers Buyer personal data (name, delivery address, Order details, and — for Bespoke Products — measurements or 3D scan data) to you for fulfilment.
12.2 You must, in respect of personal data shared via the Platform:
(a) comply with UK GDPR and the Data Protection Act 2018 (and, where applicable, EU GDPR or local equivalents); (b) process the data only for the purposes of fulfilling the relevant Order, returning Products, handling warranty / refund claims, and complying with your legal obligations (e.g. tax record-keeping); (c) implement appropriate technical and organisational security measures; (d) not retain the data for longer than necessary, and in any event delete or anonymise it after 6 years from the last transaction unless a legal obligation requires longer retention; (e) not transfer the data outside the UK / EEA without an appropriate transfer mechanism (UK adequacy, IDTA, SCCs + UK Addendum, or equivalent); (f) not use the data for direct marketing without a separate, compliant consent obtained directly by you; (g) cooperate with Bespique on data subject requests, breach notifications, and ICO enquiries; and (h) notify Bespique within 24 hours of becoming aware of a personal data breach affecting Buyer data shared via the Platform.
12.3 Where measurement data or 3D body scans are shared with you for Bespoke Orders, this is special category data under Article 9 UK GDPR. You must:
(a) process such data only to fulfil the specific Order; (b) not share, sell, or use the data for any other purpose; (c) delete the data within 12 months of completing the Order or earlier on Buyer request, except where you are required to retain it for warranty / refund / tax purposes; and (d) implement encryption, access control, and audit logging proportionate to the sensitivity of the data.
12.4 You indemnify Bespique against any losses, fines, or costs arising from your breach of this clause 12 (including ICO penalties under sections 155–157 of the DPA 2018).
13. Liability
13.1 Non-excludable liability. Nothing in this Agreement excludes or limits liability for:
(a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot lawfully be excluded or limited under English law (including under the Unfair Contract Terms Act 1977).
13.2 Exclusion of indirect loss. Subject to clause 13.1, neither party is liable to the other for any:
(a) loss of profits, revenue, business opportunity, goodwill, or anticipated savings; (b) loss of data; (c) indirect, special, or consequential loss; or (d) loss arising from the acts or omissions of Buyers, other Sellers, or other third parties.
13.3 Cap on Bespique's liability. Subject to clause 13.1, Bespique's total aggregate liability to you under or in connection with this Agreement is limited to the greater of:
(a) £100; or (b) the total commission paid by you to Bespique in the 12 months immediately preceding the event giving rise to the liability.
13.4 No liability for Buyers. Bespique is not liable for any act, omission, breach, or default of any Buyer, including non-payment (where a chargeback is upheld), abusive behaviour, or breach of the Terms of Service.
13.5 Your liability for product safety and consumer-rights claims. As the Seller and merchant of record, you are solely liable for product safety, product liability, statutory consumer rights, and other claims relating to the Products. You agree to defend Bespique against any such claim made against Bespique and indemnify Bespique against any sums paid (including reasonable legal fees and Bespique's internal costs of handling the claim).
14. Suspension and termination
14.1 Bespique may suspend or terminate your Seller account, remove Listings, hold or reverse payouts, and refuse further service where Bespique reasonably believes that:
(a) you have breached this Agreement, the Terms of Service, the Acceptable Use Policy, or any applicable law; (b) you have engaged in fraud, misrepresentation, abusive conduct, or off-platform circumvention; (c) your continued use presents a legal, regulatory, reputational, or security risk to Bespique, other Users, or third parties; (d) you have a dispute rate, refund rate, late-delivery rate, or chargeback rate above thresholds set by Bespique (notified by dashboard); or (e) Bespique is required to suspend or terminate by law, regulator, or payment processor.
14.2 Where reasonably practicable, Bespique will give notice and an opportunity to remedy. In urgent or serious cases, suspension may be immediate.
14.3 You may terminate this Agreement and close your Seller account at any time via the Seller dashboard or by emailing support@bespique.com. Pending Orders must be fulfilled before closure. Bespique may delay account closure until all Orders, refunds, and chargebacks are resolved.
14.4 On termination:
(a) the licences in clause 10.2 survive to the extent necessary for Bespique's archival, dispute, fraud, and legal-compliance purposes; (b) Bespique will pay any net positive balance in accordance with clause 6; (c) any negative balance is immediately payable to Bespique; and (d) clauses that by their nature should survive (3.2–3.4, 6, 8.4, 10, 12, 13, 14.4, 15, 16, 17, 19) survive.
15. Notices
15.1 Notices to Bespique must be sent to support@bespique.com (and to privacy@bespique.com for data protection matters).
15.2 Notices to you may be sent to the email address on your Seller account or via dashboard notice. Notices are deemed received 24 hours after sending.
16. Variation
16.1 Bespique may amend this Agreement from time to time. Material amendments take effect 30 days after notice is given to Sellers by email or prominent dashboard notice. Non-material amendments (typographical, minor operational) take effect on posting.
16.2 Continued use of the Platform after an amendment takes effect is acceptance of the amended Agreement. If you do not accept, you may terminate under clause 14.3.
17. General
17.1 Entire agreement. This Agreement, together with documents it incorporates, is the entire agreement between you and Bespique in respect of the Seller relationship.
17.2 Severability. If any provision is held unenforceable, the remainder continues in force.
17.3 No waiver. Failure to enforce a provision is not a waiver of the right to do so later.
17.4 No partnership. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between you and Bespique. Bespique acts only as your commercial agent within the limited scope of clause 3.
17.5 Assignment. Bespique may assign or transfer its rights and obligations (e.g. on corporate restructure or sale). You may not assign without Bespique's prior written consent.
17.6 Third parties. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce it, except that Bespique's affiliates may enforce clauses 10, 12, and 13.
17.7 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
18. Governing law and jurisdiction
18.1 This Agreement and any dispute arising out of it (including non-contractual disputes) are governed by the law of England and Wales.
18.2 The courts of England and Wales have exclusive jurisdiction to settle any dispute, except that Bespique may bring proceedings in the country where you are resident or have your principal place of business.
How to contact us about this Agreement
- Seller support: support@bespique.com
- Privacy / data protection: privacy@bespique.com
- Postal: BESPIQUE LIMITED, Platned Ltd, Europa House Gerrards Cross, Marsham Way, Gerrards Cross, United Kingdom, SL9 8BQ
Material changes to this Agreement will be notified under clause 16.
