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 81 Boundary Lane, Ringwood, BH24 2SF, 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).
(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.
(1) Goods are available for viewing by appointment only, please email [email protected] or telephone call 01202 668817 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 either a registered business or who are soley buying with the intention to resell. Goods are sold as seen but appointments are available to view before purchase. 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. Failure to respond within 48 hours to notification of out of stock items will result in an automatic credit note being applied to your account for use at any time.
(6) Where Goods are purchased and payment completed, the Buyer can request in writing by email within 24 hours to cancel the order. Cancellation of any order whether made online, by email, over the phone or in person is liable to a 10% cancellation/restocking fee.
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. For non UK Buyers, it is the Buyer's responsibility to ensure that any licensed or branded goods purchased are free for resale in their country or on the intended sales venues as some may be liable to territory restriction. Wholesale Clearance UK is not responsible for any subsequent orders or actions that may arise as a result of a Buyer not carrying out the relevant inquiries. 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 01202 668817 or 07837 060911before 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 01202 668817 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.
The Buyer is responsible to take delivery of the purchased goods within 14 days of the order being paid for in full. Goods left uncollected or undelivered after this period will be subject to storage costs based on a minimum of a standard UK pallet size (1m x 1.2m x 1.5m) currently at a rate of £4.00 plus VAT per week. Should this charge remain unpaid for a period of four weeks we reserve the right to invoke a Tortious Interference claim.
(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) If your order contains items not owned by Wholesale Clearance UK Ltd (third party items which can be identified by the SKU code ending in 3P e.g. SKU11113P) then please allow between 3 to 7 working days for delivery due to the invoicing that is required.
(9) Free delivery is applicable to mainland UK on orders of over £250.00 before VAT on stock wholly owned by Wholesale Clearance UK Ltd.
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 7 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 credit note.
(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 for (excluding the original delivery cost) a credit note on their account or exchange of goods. All returns in this instance are liable for a 10% restocking fee. The returned items must be received as sent (free from defect and in original packaging, with labels and tags if present). The returned items must be sent back in full as delivered. You must notify us in writing by email of any unwanted items within 7 days of receipt of the order. All credits notes are issued at the discretion of Wholesale Clearance UK Ltd. Returns as above must be delivered to our warehouse address (as in 9) within 14 days of your notification to us. Good received outside of the 14 day window will be not be credited.
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) The Supplier 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.
15 THIRD PARTY BROKER AGREEMENT TERMS AND CONDITIONS
For the seller
Before advertising your items for sale we require the certain information. This information must be a true and accurate reflection of the items you are selling. The stock must also be yours to sell and in your possession. The following is information we would also require:
-Your full name, address, collection address (if different), best contact number(s)
-An accurate description of the stock that you wish to sell
-An accurate breakdown of the stock
-Any images you have (if not send samples and we can photograph them for you)
-A brief history of the stock (origin, where sold etc)
-Accurate idea of original RRP
-The full amount (inclusive of any charges that may be applicable such as carriage or taxes) you wish to receive from the sale (per unit or as a whole)
- The Vendor provides the Company with the exclusive right to sell the assets which the Vendor posts for sale on the Company’s web-site (the “Assets”), for the entire period the stock is displayed on the Company’s website. Assets cannot be removed once an Auction or Timed Sale has commenced.
- The Company does not charge the Vendor a fee for displaying the Assets. A percentage fee, currently 30% of the required remuneration will be added to the amount the Vendor requires (eg The Vendor requires £100.00 in total for the Assets. The Company will add 30% of £100.00 (£30.00) making to the total purchase cost of the Assets £130.00). The Vendor will receive 100% of their asking cost for the Assets assuming no excess losses incurred as set out in the Agreement, namely 5, 13, 14, 15, 16, 17, 19 and 20.
- The Vendor will provide an accurate description, digital photo(s), and any other information necessary or requested by the Company to facilitate the sale of Assets.
- The Vendor will provide, and be responsible for, information on the Asset provided to the Company or published via the Comapany’s website or other marketing material. The Vendor, by doing this confirms they are the Assets owner or have the right to sell the product. The Company is not responsible for the accuracy of ownership.
- The Company does not allow or authorise the sale of bootlegs, counterfeits, fakes, replicas, or unauthorised or pirated copies of any product. In order to comply with the law, we don't allow these items to be offered on Wholesale Clearance UK Ltd's website. This policy also helps protect buyers from getting counterfeit or unauthorised goods, and helps protect rights holders from copyright or trademark infringement. The Company will moderate listings to the best of its ability. Sole responsibility for the Assets listed is with The Vendor and the Company is not responsible for illegal items posted.
- The Company does not allow or authorise the sale of stolen goods. In order to comply with the law, we don't allow these items to be offered on Wholesale Clearance UK Ltd's website. This policy also helps protect buyers from receiving stolen goods, and helps protect rights holders from copyright or trademark infringement. The Company will moderate listings to the best of its ability. Sole responsibility for the Assets listed is with The Vendor and the Company is not responsible for stolen items posted.
- The Vendor gives the Company permissions to amend the listing, with any details that will improve the rate of sale, without changing the accuracy of the description of the stock. It is expected that the Companny will update the ‘online selling price/internet selling price’ up to date with live market information after the stock has been posted, though the Company is not responsible for the accuracy of this data.
- If stock advertised on the website is subsequently unavailable or mis-described, the Company will charge and the Vendor agrees to pay a charge equal to the 30% of the Vendor's requested asking price namely our commission. A separate charge of £50.00 will also be levied in respect of our administration fee. These prices are excluding VAT.
- Vendors are also requested not to include any paperwork whatsoever in relation to the order. Wholesale Clearance UK supplies the customer with an invoice/packing slip for the Buyer to use for their records. Wholesale Clearance UK Ltd operates a three strike and out ruling with the third offence resulting in removal and permanent ban from the use of our website. For each warning of this nature, the Vendor agrees to pay an fine of £50.00 for breach of this term. Failure to pay this fine within 14 days of issue will result in permanent removal and ban from the use of our website.
- Stock Delivery and Payment
- The Vendor will provide accurate shipping delivery times and information regarding the Assets, as specifically required in Schedule 6. (Please note that the Company makes this requirement to enable buyers to estimate accurately their shipping costs prior to purchase.) The Vendor will pack items safely and accordingly.
The Company can assist with delivery costings, weight or height limits and all aspects concerning shipping should the Vendor not have the necessary access to carriage. It is the Vendor’s responsibilty to inquire or make their own provisions to ensure safe and timely delivery.
The Vendor will ship direct to the Buyer using the shipping information provided by the Company using their own delivery provider or by way of The Company as detailed above.
The Vendor will provide accurate shipping information and the Company will set the price for delivery to buyers located in England. The charges are subject to such periodic change as the Company may deem necessary as indicated by relevant rate increases. The Company should be contacted to arrange a surcharge on behalf of the Vendor for any buyer outside this location.
The Vendor is liable for any costs incurred due to inaccurate packing information provided. e.g. if The Vendor has advertised 1 pallet at a charge of £50.00 and 2 pallets are delivered. The Vendor is solely liable for the excess delivery cost.
- The Vendor will take responsibility for shipping and delivery to the Company’s specified location and the shipping time provided at point of sale should be accurate and it is the responsibility of The Vendor to fulfil this agreement.
- The Vendor advertises despatch and delivery time when stock is uploaded. The Vendor can choose up to 3 days for despatch and up to 5 days for delivery. This will calculate a total delivery time advertised to the buyer (maximum 7 working days). If stock is not delivered to the Buyer by the delivery date expected, the Company will charge and Vendor agrees to pay an adminstration charge to the Company of of £50.00 plus 2% of net sales for each business day that stock is not available. This charge will be deducted from the payment made to the Vendor from the Company.
- Extra Shipping Costs – Should any additional shipping costs be incurred because of incorrect Asset shipping information and/or preparation, the Vendor agrees to pay for any these costs and authorises the Company to deduct them from any amount that the Vendor is owed by the Company. Upon a successful sale, the full payment invoice will be requested from the Vendor. The Vendor is then required to deliver or arrange the collection of the stock. If the Vendor intends to deliver, it is only to be sent via a fully tracked courier service. The Vendor must immediately supply Wholesale Clearance UK Ltd the tracking number and courier name by email. It is wholly the responsibility of the seller to get the stock to the buyer or make the stock available for pick up by Wholesale Clearance UK Ltd or the buyer. Wholesale Clearance UK Ltd will never be liable for any losses, costs, damages or expenses incurred by the Seller or any third party arising directly or indirectly out of any failure to meet any agreed collection date. Also in the event the Seller was not available on the agreed collection date, for whatever reason, the Seller agrees to pay any additional charges arising from any re-collection fee. This will be automatically be deducted from any monies still owed to the Seller.
- Upon successful tracked and signed delivery, the seven business day period in which the Buyer has to inform Wholesale Clearance UK Ltd of any anomalies including but not limited to; damage, missing items, incorrect products, not as described or change of mind, is initiated. With change of mind, the Vendor is obliged to either (a) Take receipt of the stock back into their possession or (b) Give permission for the stock to be retained by Wholesale Clearance UK pending another successful sale. If Wholesale Clearance UK Ltd does not hear anything from the Buyer during this time, and it elapses, the full payment for the stock will be sent to process. Full payment will be made into the Seller's nominated Bank, Building Society or Other service account within seven business days. To summarise, full payment for the stock assuming no anomalies as afore mentioned, will be made within 14 business days of the dispatch of the stock.
For the buyer
By purchasing through our 3rd party broker service, you agree to abide by the terms set out above. Once a transaction is complete, you have seven days from receipt of the items to inform Wholesale Clearance UK Ltd of any issues with the stock (damage, missing items, not as described etc). This must be in writing by email to [email protected]
Wholesale Clearance UK Ltd, will pass your email and contact details to the seller whose responsibility it will be to rectify any anomolies.
Notification us of any discrepancy outside of this period will be deemed null and void.
Free delivery options do not apply to items sold via our 3rd party broker service.