Wholesale Clearance UKs Terms & Conditions of Sale
TERMS AND CONDITIONS OF SALE
(1) "Buyer" means the business who buys or agrees to buy the Goods from the Supplier for resale purposes;
(2) "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
(3)"Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
(4) "Goods" or “Products” means the items that the Buyer agrees to buy from the Supplier;
(5) "Supplier" means Wholesale Clearance UK Ltd, a company registered in England and Wales, Registration number 05506494, whose registered office is at 35, Moorside Road, Bournemouth, Dorset, BH11 8D, and whose trading address is at Unit N Waterside Estate, 25-27 Willis Way, Poole, Dorset, BH15 3TD that owns and operates www.wholesaleclearance.co.uk and whose VAT registration number is 900 490 850
(6) "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier;
(7) "Website" means www.wholesaleclearance.co.uk;
(8) “Working days” means any Monday to Friday from 9am to 5pm excluding all Public and bank holidays in England and Wales.
(9) "Public" refers to those buying who have not yet registered as a business or are in the action of and are buying the products for the sole purpose of resale.
(2) If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
(3) These Terms and Conditions can only be varied if the Supplier specifically agrees in writing. Any special conditions which apply will be set out in an e-mail which will serve as a Schedule to this agreement.
(4) The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (including any special or varied terms and conditions accepted by the Buyer upon purchase).
(5) Any complaints by the Buyer must be in writing to the Supplier’s Trading address stated in clause 1(5).
(1) Goods are available for viewing by appointment only, please email [email protected] or telephone call 0330 113 1636 to arrange a mutually convenient time
(2) To place an order the Buyer must use the Order process on www.wholesaleclearance.co.uk
(3) Goods are available for sale to Buyers who are registered business only. Goods are sold as seen. The website and the Goods are not available to consumers. By placing an order the Buyer undertakes and confirms that they are purchasing as a registered business and not as a consumer. The Supplier will not accept any order placed by a consumer under any circumstances.
(4) All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
(5) If the Goods are not available from stock then the Supplier will notify the Buyer. The Buyer can either choose an alternative or to wait until those goods are available or can receive a credit note within 28 days.
(6) We can not send to BPFO addresses. If you order and use a BPFO address we will contact you and request a full UK address as an alternative. If you can not provide one we will cancel the order.
4 ABOUT THE GOODS
(1) Goods are wholesale goods as explained and detailed on the website. The Buyer specifically agrees
(a) to tolerate up to a 5% variance in the stock amounts
(b) that, before selling to the public, they will de-branded all high street stock (high street store named, chain store and such like). This includes all labels, tags and other points of sale that bear reference to or uses the name of the store of origin and also includes using any names, logos or symbols associated with the store of origin in any advertising. All Abercrombie and Hollister products currently advertised on the website must not be resold in the EU or the United States. The Buyer understand that failure to de-brand all Goods is an immediate breach of these terms which allows the Supplier to claim an amount equivalent to 20 times the value of the order placed but may also result in both civil and criminal proceedings against the buyer.
(c) 5% margin for broken or faulty goods.
(2) Goods do not come with any warranty or guarantee whatsoever other than implied by law for business to business sales. Particularly battery operated items may need an immediate change of battery.
5 PRICE AND PAYMENT
(1) (a) The price of the Goods are exclusive of VAT and are those displayed on the website.
(b) Prices include delivery charges to mainland England as detailed on the website unless specified as “Free Delivery”. Free Delivery” will only apply to mainland England. Please allow 2-3 working days for clearance and account notification
(c) On the website we may provide estimates of delivery charges outside mainland England. These are only estimates and will only be confirmed after order. For delivery charges outside of mainland England, including Scotland, Wales, Ireland, Northern Ireland and any area outside of the United Kingdom, including BFPO, and any queries about delivery including whether you will be entitled to free delivery please e-mail us at [email protected] or call us on 0330 113 1636 or 07837 060911 before placing your order.
(d) The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed. Please allow 3-5 working days for clearance and account notification
(e) The buyer can organise collection of Goods but this must be organised with the Supplier at before collection can take place. The Supplier will normally need at least 3 working days before collection but larger or palletised orders may require more time.
(2) Payment of the price plus any applicable VAT and delivery charges must be made in full before any Goods are dispatched.
(3) Payment is due in GBP and can be made by
(a) Paypal but the order will only be delivered to the registered users confirmed address.
(b) Wire Transfer/Bank Transfer
(c) Cash on Collection, where collection has been organised in accordance with these terms
(e) Bankers Draft
(f) Postal Order(s)
(g) Credit/Debit Card Payments over the phone by telephoning 0330 113 1636 or 07837 060911
(4) Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including the Goods ordered and the price) together with any applicable consumer cancellation rights.
6 SUPPLIER’S RIGHTS
(1) The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
(2) The Supplier reserves the right to refuse any order without liability.
(3) Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.
(4) Where payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until full cleared payment is received by the Supplier.
(1) At the time of placing the order, and before goods can be dispatched, the buyer must supply the following information :-
(a) full contact details, including e-mail address, delivery address, landline and mobile telephone numbers
(b) any restrictions that could apply for delivery (e.g. narrow roads, residential area, requirement for pallet truck, requirement for forklift, parking restrictions, waiting times, red route, restricted access, buzzer entry, market centres, height or width restrictions or anything else suchlike).
(2) Goods will not be despatched until the Supplier has received cleared full payment of the price.
(3) Goods supplied will normally be delivered within the following number of working days of acceptance of order:
(a) to addresses on mainland UK within 5 working days;
(b) to addresses in Europe within 14 working days;
(c) to addresses outside of the UK and Europe within 28 working days.
(4) The Supplier will use its best endeavours to adhere to any agreed dates for delivery but time shall not be of the essence. However when the Supplier can not adhere to an agreed date the Supplier will notify the Buyer who can agree a new date. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery date.
(5) The Supplier will organise delivery of Goods to the Buyer’s address as provided by the Buyer on ordering. The Buyer is responsible for making arrangements to take delivery whenever they are delivered and is responsible for all redelivery and associated costs where delivery is not made at the first attempt. Where deliveries are made outside of the UK, it is the customer's responsibility to ensure they have a full understanding of any laws or legislation for the importing of goods. It is the receiver's (customer's) responsibility to confirm and pay any additional charges outside of regular postage including: customs fees, import tax, docking fees and any other related costs. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery, at the time delivery was attempted.
(6) The title in Goods will only pass to the Buyer upon cleared full payment of the price.
(7) We can not send to BPFO addresses. If you order and use a BPFO address we will contact you and request a full UK address as an alternative. If you can not provide one we will cancel the order.
8 RETURNS, QUERIES / COMPLAINTS & NOTICES
1) Upon delivery the Buyer will inspect the package/packaging. Where the package/packaging is/or appears to be damaged in any way then the Buyer must bring this to the attention of the deliverer. Where items are signed for on delivery the Buyer must mark “package damaged” when signing for the item.
(2) Immediately upon receipt the Buyer will properly inspect the Goods and shall notify the Supplier in writing by email [email protected] within 5 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
(3) Where a claim of defect or damage is made, after contacting the Supplier in accordance with clause 8(2) above, the Buyer must comply with the Returns Instructions provided by the Supplier. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. Once the Supplier has received the returned Goods and if the Goods are defective then the Supplier will either provide a replacement or a credit note (excluding the proportion of delivery costs relating to the faulty item). However, any failure to follow the requirements and procedures detailed in this clause 8 and the buyers obligations at clause 9 following will be considered a breach by the Buyer and the Supplier will not provide a replacement or a refund.
(4) All Goods to be returned must clearly show the order number obtained from the Supplier together with any information the Supplier stipulates in the Returns Instructions.
(5) Where returned Goods are found to be damaged due to the Buyer’s actions the Buyer will be liable for the cost of remedying such damage.
(6) All goods to be returned must be returned using Royal Mail Recorded Delivery or similar service which requires a signature upon receipt. Return postage is paid by the buyer. The seller will not reinburse return postage costs under any circumstances.
(7) (a) Any other complaints queries must be addressed in writing by e-mail to us at [email protected] We aim to respond to any queries within 14 working days.
(b) If any complaint may amount to a breach of any term of these terms and conditions then you must allow us at least 30 days to remedy that breach.
(8) Any notices, must be in writing to our address as provided within the section headed definitions above using Royal Mail Special Delivery and will be deemed to have been received on the 7th day after posting.
(9) All items returned must be sent to the Warehouse address of Wholesale Clearance UK Ltd, Unit N Waterside, 25/27 Willisway, Poole , Dorset, BH15 3TD.
(10) Where Goods are purchased and deemed unwanted, the Buyer can return them at their own cost and will be liable to a 10% restocking fee and original costs of postage deducted from any refund offered, assuming the items are returned as originally sent (ie in original packaging etc). You must notify us in writing by email of any unwanted items within 5 working days of receipt of the order. The Buyer can return the unwanted items at their own cost and receive a credit note for the full amount of the purchased products less the original postage cost to be spent on any other items on the website or offset against a future purchase. All credits notes are issued at the discretion of Wholesale Clearance UK Ltd.
9 RESPONSIBILITY & USE OF GOODS/PRODUCTS
(1) The Buyer agrees to be solely responsible for the use of any resale of Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information and will ensure this is part of their resale agreement. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
(2) Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
(3) With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use and the Buyer will ensure this is part of their resale agreement
(4) The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance and the Buyer will ensure this is part of their resale agreement
(5) The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause.
10 LIMITATION OF LIABILITY
(1)Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents.
(2) TheSupplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
(3) Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods by any agreed date.
(4)Other than those implied by law, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
13 INVALIDITY & SEVERANCE
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of this agreement.
14 GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
For more information on your rights as a buyer please click here.
Auction Terms and Conditions
Any prospective purchaser wishing to bid in our online auctions is required to register with Wholesale Clearance UK Ltd and provide their full name, address and debit card details.
Registration can only be completed by accepting that all bids are strictly subject to the terms of the following terms and conditions.
In these terms and conditions:
1.1 “Auctioneer” or “Us” or “We” etc means Wholesale Clearance UK.
1.2 “You”, “Your” etc means the potential purchaser or purchaser who has first registered with us as referred to at clause 2 below.
1.3 The “Buyer’s Premium” is payable on each lot purchased on Online Auction Sales. This is typically 15% plus VAT, but can vary between 5% and 25%. Please check each sale before bidding. The Buyer’s Premium is added to the hammer price of the winning bid for said lot and is payable by the purchaser. The Buyer’s Premium is subject to Value Added Tax at the then standard rate.
1.4 The “Total Price” means the combined total of the successful bid for the lot, the Buyer’s Premium, VAT and any additional charges payable arising whether under these conditions or otherwise.
1.5 “Lot” means a lot offered for sale on our website.
2. The potential purchaser and any bidder hereby agree and acknowledge that:-
2.1 You are required to register your full personal details to include name and address with us and to provide any documents reasonably requested by us to verify your identity. You must also verify that you are over 18 years of age.
2.2 All bids and purchases shall be subject to these terms and conditions.
2.3 We, the Auctioneer act as agent only.
2.4 You shall be deemed to act as principal. Accordingly, whether you are acting as agent or representative or officer or director of a company or another in any other capacity you will be personally liable for payment of the Total Price.
2.5 The highest bidder accepted by the Auctioneer at the end of the auction shall be the purchaser and any dispute about the identity of the highest bidder or purchaser or bid shall be settled at the Auctioneer’s sole discretion acting reasonably.
2.6 In completing the registration details with us you are required to input your preferred method of payment and you:-
2.6.1 authorise us the Auctioneers, at our discretion, to charge the preferred method of payment for full payment of the total amount due for a lot successfully purchased by you; and
2.6.2 confirm that you are authorised to us the method of payment provided to us.
2.6.3 Should the Lot not reach a reserve if specified, the Vendor and/or Auctioneer reserves the right to accept the next highest bid placed regardless of whether it is the amount originally specified by the Vendor.
3. Value Added Tax
All purchased lots are subject to the addition of VAT on the price at the then current rate unless goods are deemed to be zero rated (eg children’s clothing etc). The Buyer’s Premium will always be subject to VAT.
4.1 A successful purchaser shall pay the Total Price in full. You are required to register your preferred payment method.
4.2 All bids for lots are made in UK Pounds Sterling (GBP). All payments of any nature whatsoever due under these terms and conditions are to be made in UK Pounds Sterling.
4.3 No lots may be sent, removed or collected from the Vendor until the Total Price has been paid to the Auctioneer.
4.4 Your preferred payment method will be automatically charged for the Total Price immediately at the end of the Auction. Payment methods can be made by credit card, debit card or PayPal. No other payment methods are accepted.
4.5 Any payments made by you to us may be applied by us towards any sums owing by you to us on any account whatsoever regardless of any instruction or direction from you or your agent.
5. Description and condition
5.1 All lots are sold as they stand at the point of sale with all and any faults, damage or other defects present. The Sale of Goods Act 1979 (as amended) does not apply to any lots or goods sold by the Auctioneers.
5.2 You shall be deemed to have inspected the lot you have bid for and be bidding in full knowledge of any and all faults, damage or defects. If you bid without having previously inspected the lot then you shall do so at your own risk. If an inspection cannot be undertaken, you are welcome to email the Auctioneer with any questions about the Lot. The Auctioneer or Vendor takes no responsibility for assumptions made by the purchaser when placing a bid.
5.3 No representations made by us (if any) prior to or at the time of sale of any lot shall be deemed to have induced you to bid or be incorporated in any sale. The sale contract shall contain no implied terms or warranty as to the quality or fitness of the lots and any such warranties are expressly excluded.
5.4 While every care is taken to ensure that any description is accurate, any such description or illustration of a lot is purely for information only and we strongly recommend viewing the items in all cases. The purchaser cannot rely on such illustrations or descriptions as being accurate and we give no warranty in that regard.
6. Terms of bidding
6.1 The purchaser acknowledges that bids are made and the lots are sold subject to these terms and conditions and any other terms and conditions which are notified by us to you prior to the contract. Your bid is binding and will, if successfully places, be accepted as your intent to buy.
6.2 The Auctioneer acts as agent only and shall have no liability whatsoever to either the vendor or the purchaser for any act or default by the purchaser or vendor. Accordingly we shall incur no liability whatsoever arising from any sale whether in contract, tort, statute or otherwise.
6.3 We shall make all reasonable efforts to provide and maintain the online web auction service. However the Auctioneer shall not be held responsible for any interruption, suspension, cancellation or disturbance to the service provided or the website. Accordingly we shall not be held responsible whether in contract, tort, statute or otherwise for any loss occurring as a result.
6.4 The Auctioneer reserves the right to amend, cancel or postpone any online auction or an online service at any time either with or without prior notice.
6.5 The Auctioneer reserves the right to withdraw, amend or consolidate any lot either with or without prior notice.
6.6 The Auctioneer reserves the right to reject, suspend, postpone, or ban any person from registering or bidding in any online auction at any time either with or without prior notice. Such decision is made at the sole discretion of the Auctioneer and we shall not be held responsible whether in contract, tort, statute or otherwise for any loss occurring as a result.
6.7 We shall incur no liability pursuant to the Health and Safety Act 1974 (whether by section 6 or otherwise). Accordingly the purchaser undertakes to take such reasonable and practical steps as such as are sufficient to ensure that this purchase will be safe and without risk to health and safety when properly used.
7. Warranty of title and availability
The seller has confirmed to the Auctioneer that it is the true owner of the property contained in the lot or is authorised by the true owner to offer the lot for sale and is able to transfer good and marketable title to the property free from any third party claims. If any third party claim arises, or title to any the lot or part of it is claimed by a party other than the seller prior to its collection by the purchaser the Auctioneer reserves the right to rescind the sale.
8. Collection of the goods
8.1 No lot or goods purchased can be claimed, collected or removed until the Total Price has been paid.
8.2 The lots will be held by the Vendor at the purchaser’s risk immediately from the time of purchase.
8.3 You shall at your own risk and expense arrange delivery, collect and remove all lots purchased, after payment of the Total Price, strictly within the time limit specified by us (within seven days of Purchase of which time is to be of the essence). If you fail to remove the goods within the specified time us we can proceed under clause 9 below.
8.4 All items are to be removed at the purchaser’s expense and risk. The purchaser and their agents shall be liable for all and every damage, loss, expense or other charge which relates to or arises from the removal of the lot. Where the removal of the lot requires the disconnection from a main electricity, gas, or water supply this service shall only be undertaken by a fully qualified tradesman.
8.5 The method proposed for removing any lots must first be approved by the Auctioneer. A failure to obtain such approval will result in the purchaser and/or their contractors being refused entry to the premises to collect the goods.
9. Remedies for non-payment or failure to collect the purchase
9.1 If the Total Price for any lot is not paid in full or the lot removed strictly in accordance with these terms and conditions or there is any other breach of these terms and conditions we as agent for the seller and on our own behalf shall at our absolute discretion and without prejudice to any other rights we may have be entitled to exercise may:
9.1.1 to proceed with a claim against you for damages for breach of contract.
9.1.2 to rescind the sale for that lot and/or any other lots sold to you.
9.1.3 To resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the Total Price after crediting the monies received on the resale and adding any costs or charges incurred in the resale. Any surplus arising on a resale shall belong solely to the seller.
9.1.4 To remove, store and insure the lot at your expense either at our premises or elsewhere.
9.1.5 To charge interest at a rate of 8% over Barclays Bank standard base rate on the Total Price until the total amount due is paid.
9.1.6 For General Auctions a charge a late collection fee of up to £10 per item per day if the lot is collected on an alternative date to the specified one. For on-site auctions the cost of a member of staff per hour is required.
10. General terms
10.1 Any special terms which are stated in the description of a particular lot shall be deemed as being interpreted into these standard terms and conditions.
10.2 Any notice to any buyer, seller, bidder or viewer may be given in writing by handing the same to them, by first class mail or email and will be deemed to have been received (in cases which they have not been personally handed to the party) 48 hours after posting or sending the email.
10.3 Where the auctioneer conducts a sale on behalf of a vendor who acts as administrator or liquidator of a limited company or trustee in bankruptcy of an individual or such similar office the purchaser further acknowledges that:-
10.3.1 The vendor acts only as agent on behalf of the company or bankrupt and shall incur no personal liability in respect of the sale of any lot whether such liability arises under contract, tort statute or otherwise.
10.3.2 The vendor or the auctioneer on their behalf only transfers such right, title or interest the company or bankrupt may have in such lot.
10.3.3 In the event of a third party proving to have superior title or right or to custody or possession of any lot the vendor may rescind the contract of sale and upon the return of any deposit and/or purchase price to the purchaser neither the vendor nor the auctioneer shall have any further liability to the purchaser.
10.4 Any claim or dispute arising in or in connection with any auction or these terms and conditions shall be governed by the laws of England and Wales.