Buyer Terms & Conditions

1. Details of Buyer Terms & Conditions

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1. Details Of Buyer Terms & Conditions

This agreement applies as between you, the User of this Web Site and ComeLetsBuyTM, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your creation or “joining” of a “deal” constitutes a contractual offer and the acceptance of that offer is deemed to occur upon the completion of that deal with buyers and suppliers agreeing to the terms.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:


“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Buyer”

means any person that joins or proposes a deal on the ComeLetsBuyTM Web Site;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

ComeLetsBuyTM

means ComeLetsBuyTM of Lansdowne Building, 2 Lansdowne Road, Croydon. CR9 2ER;

“Deal”

means any proposal (supplier or buyer created) that describes Goods required for purchase or sale including price and quantity;

“Goods”

means any goods or services that ComeLetsBuyTM advertises and  / or makes available for sale through this Web Site;

“Join”

means to commit as a participant (buyer) in a deal on the ComeLetsBuyTM website;

“Service”

means collectively any online facilities, tools, services or information that ComeLetsBuyTM makes available through the Web Site either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

 

“Supplier”

means any company, retailer or manufacturer that agrees to fulfil the terms of a deal or advertises goods for sale on the ComeLetsBuyTM Web Site;

“System”

means any online communications infrastructure that ComeLetsBuyTM makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by ComeLetsBuyTM and acting in the course of their employment; and

“Web Site”

means the website www.comeletsbuy.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Age Restrictions
Persons under the age of 18 may not use this Web Site.
Customers / Suppliers
3.1          The ComeLetsBuyTM service is designed for United Kingdom Customers and Suppliers only.
3.2          While ComeLetsBuyTM will not knowingly allow the Web Site to be used by unscrupulous customers or Suppliers who will dishonour the obligations that they enter into, ComeLetsBuyTM do not guarantee that this will not happen and will not compensate or indemnify any customer or Supplier who suffers loss as a result.
Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ComeLetsBuyTM, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by ComeLetsBuyTM.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or Supplier.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of ComeLetsBuyTM or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.comeletsbuy.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of ComeLetsBuyTM.
Use of Communications Facilities
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
The means by which you identify yourself must not violate these terms of use or any applicable laws;
You must not impersonate other people, particularly employees and representatives of ComeLetsBuyTM or our affiliates; and
You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that ComeLetsBuyTM reserves the right to monitor any and all communications made to us or using our System.
Accounts
In order to purchase Goods on this Web Site and to use the Forums/Chat or similar facilities you are required to create an Account which will contain certain personal details which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:
all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password.  ComeLetsBuyTM accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact ComeLetsBuyTM immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, ComeLetsBuyTM accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
When choosing your username you are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.
If you choose to share information on your Account with any other customer, for instance to create and elicit support for a Buyer Created Lot, then you do so at your own risk.
Termination and Cancellation
Either ComeLetsBuyTM or you may terminate your Account.  If ComeLetsBuyTM terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If ComeLetsBuyTM terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
If purchases are cancelled for any reason outside your control prior to dispatch you will be refunded any monies paid in relation to those purchases.
Goods, Pricing and Availability
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available via ComeLetsBuyTM correspond to the actual Goods, ComeLetsBuyTM is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.
Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
All prices on the Web Site are all inclusive prices unless specified otherwise.
Delivery charges if shown separately will form part of the main lot product price. Suppliers will clearly mention any additional delivery charges for faster delivery as part of the payment process where applicable but a standard delivery charge (between 7-14 days) will be inclusive of the price. Please check your suppliers Terms and Conditions accordingly.
The Contract

  1. 13.1        Any contract for the supply of Goods will be between the Supplier and you, and ComeLetsBuyTM will not be a party.
  2. 13.2        Any contract will be subject to the Supplier’s terms of trade, or any different terms that you agree with the Supplier, and to any other statutory rights that you may enjoy.  ComeLetsBuyTM has no control over those terms and no liability for breach of those terms.
  3. 13.3        ComeLetsBuyTM makes no warranty or representation that Goods will be of satisfactory quality, or that (if services) they will be supplied with reasonable care and skill and within a reasonable time.
  4. 13.4        Subject to clauses 13.5 and 13.6, until a contract is entered into either the Supplier or you can withdraw from a Deal and a contract is not entered into until both the Supplier and you have agreed the terms of a Deal and both communicated to each other via the Web Site your unequivocal intention to Join the Deal.
  5. 13.5        In the case of a Buyer Created Lot where Suppliers are bidding against each other to win a Deal with one or more buyers then, once a Supplier has made an offer to sell, that offer cannot be withdrawn.
  6. 13.6        In the case of a Supplier Created Lot where one or more Suppliers are seeking orders from various buyers for the same or similar Goods and their price for those Goods is determined by the number of sales then, once a buyer has Joined, that offer cannot be withdrawn unless manually withdrawn by requesting opt-out of a lot via written email to ComeLetsBuyTM
  7. 13.7        You must make payment to Supplier for Goods direct to the Supplier enabled via our platform in accordance with our Process Guide and the terms of the sale.  In neither case will ComeLetsBuyTM be responsible for delivering the Goods. If we collect payment then our responsibility is limited to forwarding any payment received less any fee we have agreed with Supplier.
    1. 13.8        You should read the Terms and Conditions of each individual supplier for after sales details before ticking the box to join the lot, these Terms and Conditions will also be displayed to you before you actually pay for the item.

Delivery
Goods purchased through ComeLetsBuyTM will be shipped directly by the Supplier. The Supplier will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
If ComeLetsBuyTM or the Supplier receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Returns Policy
On occasion, goods may need to be returned.  Returns are governed by these Terms and Conditions.
ComeLetsBuyTM is not responsible for paying shipment costs.  The contract of sale is between the Supplier and the buyer. The return of goods and the refund of payment are to be negotiated directly with the parties involved.
If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact the Supplier within 10 days to arrange collection and return. 
If any Goods you have purchased have faults when they are delivered to you, you should contact the Supplier within 28 days to arrange collection and return. 
If any Goods develop faults within their warranty period, you are entitled to a repair or replacement from the Supplier or manufacturer under the terms of that warranty.
If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to the Supplier within 10 days and arrange collection and return. 
You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 7 days after the Goods have been delivered.  If you change your mind about the goods within this period, please return them to the Supplier within 7 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of the Supplier.  You are responsible for paying shipment costs if Goods are returned for this reason.
If you wish to return Goods to the Supplier for any of the above reasons, please contact the Supplier using the details provided at the point of sale.
The Supplier may reserve the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already had out of the Goods;
Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
Privacy Policy & Process Guide
Use of the Web Site is also governed by our Privacy Policy and Process Guide which is in force from time to time and can be found on www.comeletsbuy.com and must be read in conjunction with these terms and conditions.  To view the Privacy Policy or Process Guide, please refer to the web site named above.  Terms defined in the Privacy Policy and Process Guide shall have the same meanings in these terms and conditions.  In the case of any inconsistency between these terms and conditions and the Privacy Policy or Process Guide these terms and conditions shall prevail.
Disclaimers
ComeLetsBuyTM makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
Changes to the Service and these Terms and Conditions
ComeLetsBuyTM reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If ComeLetsBuyTM is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
ComeLetsBuyTM accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, ComeLetsBuyTM accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts ComeLetsBuy’sTM liability for death or personal injury resulting from any negligence or fraud on the part of ComeLetsBuyTM.
Nothing in these Terms and Conditions excludes or restricts ComeLetsBuy’sTM liability for any direct loss or damage arising

  1. (a) out of the incorrect delivery of Goods as a result of; or
  2. (b) as a result of reliance on,
  3. incorrect information included on the Web Site.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us by post to our Premises (see address above) Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction

    • These terms and conditions and the relationship between you and ComeLetsBuyTM shall be governed by and construed in accordance with the Law of England and Wales and ComeLetsBuyTM and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

    Fraudulent Activity Prevention

    In the interests of preventing fraudulent use of credit, debit and charge cards, Moneybookers may validate the names, addresses, and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). By ordering from comeletsbuy.com website, you consent to such checks being made. All information provided will be treated in accordance with the Data Protection Act 1998.

     

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