Supplier Terms & Conditions

1. Details of Supplier Terms & Conditions

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1. Details Of Supplier Terms & Conditions

This agreement applies as between you, the Supplier and ComeLetsBuyTM, us, 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 as a supplier 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 offer to supply in accordance with 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”

refers 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”

refers to any person(s) that joins or proposes a deal on the ComeLetsBuyTM Web Site.

“Carrier”

means any third party responsible for transporting purchased Goods from the supplier to customer;

ComeLetsBuyTM

refers to ComeLetsBuyTM of Lansdowne Building, 2 Lansdowne Road, Croydon.CR9 2ER, United Kingdom;

“Deal”

refers to the proposal (supplier or buyer created) which describes Goods required for purchase or sale including  at the very minimum details: the product description,  price and quantity;

“Goods”

refers to 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”

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

“Payment Information”

refers to the 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”

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

 

“Supplier”

refers to any company, retailer, manufacturer and other organisations e.g. charities 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 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 does 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 6 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 6 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 or owner of the material.
Fair Use of Intellectual Property
Material from the Web Site may not 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 sell Goods on this Web Site and to use the Forums/Chat or similar facilities you are required to sign up for a Supplier’s Account which will contain certain details which may vary based upon your use of the Web Site.  By continuing to use this Web Site you represent and warrant that:
all information you submit is accurate and truthful;
you have the authority to submit this information; and
this information is accurate and will be kept up-to-date by you.
Your creation of an Account is further affirmation of your representation and warranty.
You agree to provide us with the necessary verification documents and agree to complete the on-boarding process within the agreed time limits 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 deal that may be pending.
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 party you do so at your own risk.
Termination and Cancellation
Either ComeLetsBuyTM or you may terminate your Account with reasonable notice period. 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 deals or contracts, activities on which are not the reason for your termination but are already made with the customers on your Account, shall be honoured by ComeLetsBuy. We shall continue to provide our facilities in order for you to complete the transactions
Goods, Pricing and Availability
You must make all reasonable effort to ensure that all graphical representations and descriptions of the Goods you are offering 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.
All prices on the Web Site must be inclusive of VAT and normal delivery charges.  You must provide to Buyers information showing how this price is apportioned between the price for the Goods themselves, VAT and normal delivery charges.
With the Buyer’s agreement you may make additional charges for expedited, guaranteed or insured delivery and such consent shall not be unreasonably withheld.
The Contract

  1. 13.1        Any contract for the supply of Goods will be between the Buyer and you, and ComeLetsBuyTM will not be a party.
  2. 13.2        Any contract will be subject to your terms of trade, or any different terms that you agree with the Buyer, and to any other statutory rights that are appropriate.  ComeLetsBuyTM has no control over those terms and no liability for breach of those terms. These terms should be made available to all parties including buyers and ComeLetsBuyTM
  3. 13.3        ComeLetsBuyTM makes no warranty or representation on your behalf 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 Buyer or you can withdraw from a Deal and a contract is not entered into until both the Buyer 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 you have made an offer to sell, that offer cannot be withdrawn after the supplier has won the lot [for the period specified by the initial Buyer] from the date that the Buyer Created Lot was first created. Prior to winning the lot, the supplier can request withdraw of the offer only in exceptional circumstances by providing reasonable cause to ComeLetsBuy.
  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 [for the period specified by you].
  7. 13.7        You may collect payment from Buyers for Goods in accordance with our Process Guide and the terms of the sale.

Delivery
You agree to provide in clear readable terms all the details to Buyers including information on returns/refund/cancellation policy.  
Goods purchased through ComeLetsBuyTM will be shipped directly by you. You will notify the Buyers by way of email when your goods are to be dispatched.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased.
This information will also need to be communicated by ComeLetsBuyTM to the Buyer once you ship the goods via the interface provided to you from your supplier screen.
If ComeLetsBuyTM or you receive no communication from the Buyer, within 10 days after delivery is made or as per the supplier after sales delivery warranty period whichever is longer, regarding any problems with the Goods, the Buyer is deemed to have received the Goods in full working order.
For avoidance of doubts, any event once goods are shipped and received, the supplier’s own terms and conditions will take precedence.
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 you and the Buyer. The return of goods and the refund of payment are to be negotiated directly between you and the Buyer and clearly specified to buyer before purchase of any goods.
If the Buyer receives Goods which do not match those that were describes in the Deal, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out the Buyer’s options, the Buyer may request that you arrange collection and return of the goods. 
If the Buyer contacts you either directly or via ComeLetsBuytm reporting that any Goods you have supplied have faults when they were delivered, you must arrange collection and return. 
If any Goods develop faults within their warranty period, the Buyer is entitled to a repair or replacement from you or the manufacturer under the terms of that warranty.
The Buyer has a statutory right to a “cooling off” period.  This period begins once the order is complete and ends 7 working days after the Goods have been delivered.  If the Buyer changes their mind about the goods within this period, they may return them to you within 7 working days of receipt.  Goods can only be returned for this reason if their packaging remains undamaged and the Goods can be re-sold, as new, without any additional work on your part.  The Buyer is responsible for paying shipment costs if Goods are returned for this reason. This does not apply to goods (such as computers) which have been made to your specifications or to audio or video recordings or computer software if you have unsealed their protective wrappings. Also certain products are excluded from this for the reasons of hygiene.
The viability of any Deal following cancellations and returns is your responsibility. In situations where the price is affected by quantity sold, you must allow for returns and Buyers not honouring the terms. ComeLetsBuytm does not have any liability in this situation, but you may report any violation by Buyers. ComeLetsBuyTM may restrict or cancel the Buyer’s account, but will not be a party in any dispute.
It will be your decision, not ComeLetsBuyTM, whether or not to accept returns under your terms and conditions but in doing so you must comply with the law relating to acceptance of the Goods and other relevant statutory provisions.  You may take into account (among others) the following factors:
Any use or enjoyment that the Buyer 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.
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.
The provisions of our Privacy Policy are subject to the orders of the court and the powers of SOCA, HMRC and other regulatory authorities.
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 by ComeLetsBuy and not by supplier or buyer.

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. All literature must contain the senders’ full details for information. ComeLetsBuyTM will not be liable for any post /parcels that are lost in transit for whatever reason.
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.
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