Terms of Service

FETTLE AESTHETICS Website Terms and Conditions DRAFT — for solicitor review prior to publication. Not yet legally reviewed. This document is a working draft prepared to give Napthens a structured starting point for review. Bracketed items marked [ ] need to be confirmed or inserted before this is finalised. This is not legal advice and should not be published or relied upon until reviewed and approved by a qualified solicitor.

1. Who we are

These Terms and Conditions ("Terms") govern your use of the website fettleaesthetics.co.uk (the "Site") and the services provided through it (the "Service") by Fettle Aesthetics Ltd, a company registered in England and Wales under company number 17325745, with its registered office at South Lodge, Whitbarrow Lodge, Witherslack, Cumbria, LA11 6SJ ("Fettle Aesthetics", "we", "us", "our"). By creating an account, listing a device, or otherwise using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site.

2. What Fettle Aesthetics is — and is not

Fettle Aesthetics is an online listing platform (a "portal") that allows individuals and businesses ("Sellers") to advertise privately owned aesthetic and laser equipment for sale, and allows other users ("Buyers") to view and respond to those listings.

Fettle Aesthetics is not a party to any contract for the sale of equipment between a Buyer and a Seller.
We do not buy, sell, own, inspect, deliver, or take possession of any equipment listed on the Site.
We do not process payment for the sale of equipment between Buyers and Sellers. Any such payment is arranged directly and independently between the parties.
We do not guarantee the accuracy, completeness, condition, safety, legality, or fitness for purpose of any listed equipment.
We do not guarantee that any listing will result in a sale, or that any Buyer enquiry is genuine, creditworthy, or will complete a purchase. Our role is limited to providing the platform on which listings are displayed, in exchange for a fixed listing fee described in Section 5. Buyers and Sellers are solely responsible for negotiating, agreeing, and completing the terms of any sale, including price, condition, payment method, delivery/collection, and any warranties.

3. Eligibility and accounts

To list equipment or contact a Seller, you must register an account and provide accurate, current, and complete information. You must be at least 18 years old and, where listing on behalf of a business or clinic, have the authority to do so. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorised use. We may suspend or terminate accounts that provide false information, breach these Terms, or engage in conduct we reasonably consider harmful to the Site, other users, or Fettle Aesthetics' reputation.

4. Listings and seller declarations

Sellers agree that all information provided in a listing is accurate and not misleading to the best of their knowledge, including but not limited to:

Make, model, and year of manufacture
Hours used or shots fired, where applicable and where the device logs this information
Last service date and provider
CE/UKCA marking status
Reason for sale
Asking price Sellers are solely responsible for ensuring that the equipment they list may lawfully be sold, including compliance with any applicable medical device regulations, CE/UKCA marking requirements, and manufacturer or distributor restrictions on resale or transfer of servicing/support. We reserve the right, but are under no obligation, to review, edit, refuse, or remove any listing at our sole discretion, including where a listing appears inaccurate, non-compliant, or unsuitable for the Site. Listing approval (where enabled) does not constitute any endorsement, verification, or warranty by Fettle Aesthetics as to the accuracy of the listing or the suitability of the equipment.

5. Listing fees

Sellers pay a one-off, fixed listing fee to publish a listing, determined by the asking price band of the equipment as displayed on the Site at the time of listing. Current fee bands are published at fettleaesthetics.co.uk/fettle-listing-fee.html and may be changed by us at any time for future listings.

The listing fee is payable before a listing is published and covers listing visibility for the stated duration only.
We do not charge commission on the eventual sale of equipment.
Listing fees are non-refundable once a listing has been published, including where the equipment does not sell, the listing is removed by the Seller, or the listing is removed by us for breach of these Terms. [To confirm refund position with Napthens, including any Consumer Contracts Regulations cancellation rights that may apply if the Seller is a consumer rather than a business.]
Listings expire automatically at the end of the stated listing period unless renewed by the Seller at the then-current fee. Payment is processed by Stripe, a third-party payment provider. Your payment information is handled directly by Stripe in accordance with Stripe's own terms and privacy policy; Fettle Aesthetics does not store your card details.

6. Conduct between Buyers and Sellers

Buyers and Sellers are solely responsible for:

Verifying the identity, credentials, and legitimacy of the other party
Inspecting equipment prior to purchase, where practicable
Agreeing payment terms, method, and timing
Arranging and paying for delivery, collection, or transport
Agreeing any warranty, return, or after-sales support
Complying with all applicable laws, including consumer protection law where relevant, and any medical device or health and safety regulations applicable to the equipment Fettle Aesthetics strongly recommends that Buyers and Sellers exercise the same diligence they would apply to any high-value private transaction, including verifying company/clinic details, requesting service history documentation, and considering the use of a solicitor or escrow arrangement for high-value transactions.

7. Verified seller badge

Where a Seller displays a "Verified" badge, this indicates that Fettle Aesthetics has checked certain basic details provided by the Seller (such as clinic or company registration details) at the time of verification. It is not a guarantee, warranty, or endorsement of the Seller, their equipment, or their conduct, and should not be relied upon as such by Buyers.

8. Prohibited use

You must not use the Site to:

List equipment you do not own or have authority to sell
List stolen, counterfeit, unsafe, or unlawfully modified equipment
Post false, misleading, or fraudulent information
Circumvent, or attempt to circumvent, the listing fee (e.g. by listing equipment under a false price band)
Harass, threaten, or defraud other users
Scrape, copy, or misuse Site content or user data We may remove listings, suspend accounts, and/or report conduct to relevant authorities where we reasonably believe this section has been breached.

9. Limitation of liability

[This section requires careful drafting by Napthens to ensure enforceability under UK law, including UCTA 1977 and, where relevant, the Consumer Rights Act 2015. The following reflects the general commercial intent and is not final wording.] To the fullest extent permitted by law, Fettle Aesthetics excludes all liability for:

Any loss arising from a transaction between a Buyer and a Seller, including disputes over condition, price, delivery, or payment
Any inaccuracy in a listing, whether or not the listing has been approved by us
Any indirect, consequential, or economic loss arising from use of the Site Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited. Our total liability to any user arising out of or in connection with the Site is limited to the amount of the listing fee paid by that user in the 12 months preceding the claim, save where such limitation is not permitted by law.

10. Intellectual property

The Site, including its design, branding, text, and code, is owned by or licensed to Fettle Aesthetics and protected by intellectual property laws. Sellers retain ownership of content (including photos and descriptions) they upload, but grant Fettle Aesthetics a licence to display, reproduce, and promote that content in connection with operating the Site.

11. Data protection

We process personal data in accordance with our Privacy Policy [link to be added], which explains what data we collect, how we use it, and your rights under UK GDPR and the Data Protection Act 2018. [A separate, standalone Privacy Policy document should be prepared and reviewed alongside these Terms.]

12. Changes to these Terms

We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify registered users (e.g. by email or a notice on the Site). Continued use of the Site after changes take effect constitutes acceptance of the updated Terms.

13. Termination

We may suspend or terminate your account and access to the Site at any time, with or without notice, for breach of these Terms or for any other reason at our reasonable discretion. You may close your account at any time by contacting us.

14. Governing law and disputes

These Terms are governed by the laws of England and Wales. Any disputes arising out of or in connection with these Terms or the Site shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact us

For any questions about these Terms, contact us at info@fettleaesthetics.co.uk or by post to South Lodge, Whitbarrow Lodge, Witherslack, Cumbria, LA11 6SJ. Items to confirm before sending to Napthens: (1) refund policy wording for listing fees, particularly consumer-vs-business distinction; (2) final wording for the limitation of liability section; (3) whether a separate Seller Declaration checkbox/form should be incorporated by reference; (4) confirmation of preferred contact email — currently shown as a placeholder.