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USE OF Whatafind.com®
You may only use Whatafind.com® (and are only authorised to do so) if you agree to, and accept, all of the terms and conditions ("Conditions") set out here and are located in or using Whatafind.com in a jurisdiction, such as the United Kingdom of Great Britain and Northern Ireland, which does not render these Conditions void or ineffective in whole or in any material part or make accessing Whatafind.com® illegal.
Whatafind.com® may not be used by persons under the age of 18 years or by temporarily or indefinitely suspended users. If you are under 18 years old, you can use Whatafind.com only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use Whatafind.com®
If you are acting on behalf of a business entity, you represent that you have the authority to bind that entity to these Conditions and a Contract.
At present, you may only purchase a product if your billing and delivery addresses are in the United Kingdom of Great Britain and Northern Ireland excluding the Channel Islands and the Isle of Man, unless otherwise agreed in writing.
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DEFINITIONS
In these Conditions:
"Conditions" means these standard terms and conditions of sale for your online or telephone purchase of a product;
"Contract" means the legally binding agreement between you and the Supplier stated on your Order formed once we accept your Order;
"Gross Price" means the price of a Product as shown on the Website when you submit your Order and as set out in the Contract, including charges for the packaging, insurance and delivery of the Product and applicable value added tax;
"Order" means any order form submitted by you using Whatafind.com or any order made by you by telephone for the purchase of a Product;
"Product" means the product(s) described in your Order; and
"Payment Agent" means Paypal (Europe) Ltd, whose registered office is at Hotham House, 1 Heron Square, Richmond Upon Thames, Surrey. TW9 1EJ. Company No 04056498.
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ORDERS
The price for the Product(s) may be reduced for the same or similar Products from time to time whilst still available. Notwithstanding any such reduction, you shall be bound by the price stated in your Order after your Order is accepted, subject to your rights of cancellation.
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ACCEPTANCE OF ORDERS AND CONTRACT
You may place an Order either via the Whatafind.com website or by telephone.
By placing an Order, you make an offer to purchase the Product stated in your Order in accordance with these Conditions. Upon the credit/debit card used by you in the Order being authorised and successful payment being confirmed and made, your Order will be accepted. We reserve the right to reject any Order for any reason whatsoever.
Prior to you placing each Order and making payment, Whatafind.com will display a printable Order summary page (save for telephone orders, which will be confirmed orally). This will include the following information:
- confirmation of the Supplier's identity and address;
- description of the Product ordered;
- the price of the Product ordered, including all VAT and other taxes;
- delivery costs, where appropriate;
- confirmation of the arrangement for payment, delivery and performance of the Order;
- details of your right to cancel the Order (reproduced at Condition 5.4 below);
- the period for which the offer or price remains valid;
- contact details for any complaints;
- any after-sales services and guarantees; and
- stating (if applicable) that if the Product is unavailable, a substitute product of equivalent price and quality will be offered and that if you return the Product, Supplier will meet the costs of return.
After each Order is placed and accepted, we will confirm the acceptance of your Order by email and the Supplier will provide a dispatch note by email (or by post if you have not provided an email address) setting out delivery details.
Once we have accepted an Order from you, you will have entered into a Contract with the Supplier stated on your Order and be bound by these Conditions and the terms stated in your Order and your Order summary page (if applicable).
You acknowledge that we are the agent for the Supplier and that the Supplier shall be liable for any breach of the Contract. We shall not be liable to you for any breach of the Contract. The details of the Product given on Whatafind.com® are those supplied to us by the Supplier. The Product will be delivered to you by the Supplier and at no time will it have been in our possession or inspected by us. The manufacturer and/or Supplier may make representations and warranties with respect to the quality, safety or condition of any Product, but we do not make any such representations or warranties.
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RETURNS OR CANCELLATIONS
The Supplier shall use its reasonable endeavours to ensure that all Products supplied to you shall be reasonably fit for purpose and of satisfactory quality according to its description as shown via Whatafind.com.
You may reject any Product which is faulty or which does not conform to the quantity, quality, standards or description shown on your Order (if shown) and which you reasonably expected, within a reasonable time from delivery provided that:
- you take reasonable care of it at all times until it is returned to the Supplier; and
- any Product supplied in any sealed or secure packaging must be returned in the same packaging, whose seal or security must not have been broken or disturbed (if applicable).
On return of the Product, Supplier shall (subject as stated above) reimburse you the Gross Price you paid within 28 days.
You may cancel the Contract at any time from the date of the Contract up to the expiry of the seventh (7th) working day after the day of receipt of the Product by you or the person specified by you for delivery, provided that:
- you give us a written notice of cancellation by any of the following methods:
- by addressing it to us and leaving it at Whatafind.com Ltd, 26 York Street, London, W1U 6PZ;
- by post addressed to us at Whatafind.com Ltd, 26 York Street, London, W1U 6PZ;
- by email: go to the contact us page.
- you or the person to whom you directed delivery to be made must take reasonable care of the Product and:
- any Product supplied in any sealed or secure packaging must be returned in the same packaging, whose seal or security must not have been broken or disturbed (if applicable);
- you must return it to the Supplier at your expense and risk.
- on cancellation of the Contract under Condition 5.4 (i.e. where there is no defect or other fault with the Product), the Supplier shall reimburse any Gross Price paid less the delivery charge as soon as possible and in any case no later than 30 days from the date of cancellation.
- the Supplier shall be entitled to charge you (and set off against any money reimbursed) an amount not exceeding the costs of recovering the Product (other than a substitute Product) incurred by the Supplier if you fail to return it or return it at our or Supplier's cost.
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PAYMENT
You will be requested to submit your credit or debit card details with all Orders. We shall only accept Orders for which valid credit or debit card details are provided and authorised and successful payment is confirmed, subject to the terms and conditions of the credit or debit card issuer for the authorisation of online sales.
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DELIVERY
Products for delivery addresses in the UK will be delivered by Royal Mail or by courier at the rates stated in the Order to the delivery address given by you in the Order. Products shall remain at the Supplier's risk until delivered to the delivery address from date of dispatch by the Supplier.
The Supplier will always aim to deliver to the door. The description of the Product(s) will contain information about its/their weight and dimensions, and you must consider this when assessing whether the Product(s) can be delivered to your premises. You are also responsible for notifying us and/or the Supplier in advance of any access difficulties or issues which may affect delivery. Neither we nor the Supplier shall be liable to you for any loss or damage to your property attributable to the Product(s) being of a size and weight that cannot be supported by your premises. The Supplier is entitled to charge you for any additional costs as a result.
If the product is to be delivered to the Highlands, Islands, Northern Ireland you will need to contact our customer service team for a separate quote. Similarly if you require a product to be delivered outside of the UK you will need to contact the customer service team for a separate quote.
Please note if you cancel a pre-arranged delivery within 72hrs of the agreed delivery slot we reserve the right to charge the delivery cost. If the courier arranges a time to deliver the product and no-one is available to receive it, i.e. the courier leaves a card advising you of the depot to call to re-arrange delivery, we reserve the right to charge a £25 re delivery fee.
The Supplier shall use all reasonable endeavours to dispatch the Order to you within the period stated in your Order.
Risk in the Product will pass to you on delivery.
Once you have been notified of the carriers intention to deliver your product (according to our terms and conditions) you are required to take delivery within 14 days of this notification on one of the dates which will be offered by the carrier, otherwise you will be charged an additional fee of £25.00 per week to cover storage costs starting from 14 days after first notification that your goods were available until delivery is made. This payment will be due before delivery.
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WARRANTIES
The Supplier warrants that the Product:
is sold with full title guarantee and without any encumbrance;
is reasonably fit for purpose and of satisfactory quality (in accordance with the description); and
shall be free from defects in materials and workmanship save as set out in its description or as may be reasonably expected from its description, for a period of twenty-eight (28) days from the date of delivery, provided that:
the Supplier shall not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow any instructions, misuse, alteration or unapproved repair arising after delivery; and
you return the defective Products to the Supplier in accordance with the terms for returns at Condition 5.2 .
Your sole remedy for a breach of this warranty shall be the free replacement of the Product by the Supplier where reasonably possible, or at your request, a refund of the Gross Price of the Product, together with the reimbursement of the reasonable postage costs of returning the Product to us/the Supplier.
Please note that because of the nature of the products marketed on our website (i.e. returns, end of line and over-stocks), any Product ordered by you does not come with the Supplier's standard warranty or guarantee which might apply to the Product otherwise. Any warranty or guarantee in respect of the Product over and above that set out in this Condition 8 shall only apply if it is expressly set out in the Product details on our website. None of the above affects your statutory rights in relation to the Product.
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FORCE MAJEURE
Whilst the Supplier shall endeavour to fulfil your Order swiftly and efficiently, the Supplier shall not be liable for any delay in performing or any failure to perform any of its obligations under these Conditions if the delay of failure was due to a cause beyond its reasonable control ("Force Majeure"). For the avoidance of doubt, Force Majeure shall include, without limitation, the following:
Act of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
import or export regulations or embargoes;
strikes, lock-outs or other industrial actions or trade disputes (whether involving the Suppliers' employees or employees of a third party); and
power failure or breakdown in machinery or the internet.
Limitation of liability
The following provisions set out the Supplier's entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
any breach of these Conditions by the Supplier or its employees, agents or Sub-contractors;
any use made or resale by you of any of the Products, or of any product incorporating any of the Products; and
any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law to be excluded from consumer contracts, excluded from the Contract.
Nothing in these Conditions excludes or limits the Supplier's liability:
for death or personal injury caused by its negligence or that of its employees, agents and sub-contractors;
under section 2(3) of the Consumer Protection Act 1987; or
for any matter which it would be illegal for the Supplier to exclude or to attempt to exclude its liability; or
for fraud or fraudulent misrepresentation.
Subject to Conditions 10.2 and 10.3, the Supplier's total liability for losses you may suffer as a result of its breach of the Contract shall be limited to those losses which are a foreseeable consequence of its breach. Losses are foreseeable where they could be contemplated by you and the Supplier at the date of dispatch of the Product. The Supplier shall have no liability for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and the Supplier. The Supplier believes that in most cases the only losses that are foreseeable as a result of its breach are the price of the Product together with your reasonable expenses in returning the Product to us/the Supplier.
Subject to Conditions 10.2 and 10.3, the Supplier shall not be liable under the Contract for any loss or damage caused by it or its employees, agents or sub-contractors in circumstances where:
there is no breach of a legal duty of care owed to you by the Supplier or by any of its employees, agents or sub-contractors;
such loss or damage is not a reasonably foreseeable result of any such breach; or
any increase in loss or damage results from breach by you of any term of the Contract.
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PERSONAL DATA
To enable us and the Supplier to offer Whatafind.com® to you we need to collect and use personal data about you (your "Customer Information"). Your Customer Information is all the information requested on each of your Orders, and which is required to process your Order.
You hereby warrant to the Supplier and to us that your Customer Information shall not:
be false, inaccurate or misleading;
violate any law, statute, regulation or order (including, without limitation, those concerning consumer protection, unfair competition, anti-discrimination or the advertising prohibited goods or services); or
contain any virus, worm, Trojan horse, time bomb, cancelbot or other code that contains contaminating or destructive properties.
The Supplier warrants that:
it shall keep your Customer Information secure and confidential;
it shall maintain a notification with the Information Commissioner under the Data Protection Act 1998, as amended or re-enacted from time to time, for all processing of your Customer Information; and
it shall not disclose, sell, rent or share your Customer Information to or with any third party other than to us and the Payment Agent, without your consent.
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MISCELLANEOUS
No forbearance, delay or indulgence by either you or the Supplier in enforcing the provisions of these Conditions shall prejudice or restrict the rights of either you or the Supplier nor shall any waiver of rights operate as a waiver of any subsequent breach and no right, power or remedy conferred upon or reserved for you or the Supplier by these Conditions is exclusive of any other right, power or remedy available to you or the Supplier and each such right, power or remedy shall be cumulative.
If the whole or any part of the terms of these Conditions prove to be illegal or unenforceable the remainder of the Conditions shall remain in full force and effect.
A person who is not a party to the Contract (other than Whatafind.com® Limited) has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce, or to enjoy the benefit of, any provision of the Contract.
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GOVERNING LAW
These Conditions shall be governed by and construed in accordance with English law, and, subject to any applicable law governing consumer contracts, shall be subject to the exclusive jurisdiction of the High Court of England.
