BuyTrade

BuyTrade Terms of Use

Please read these terms and conditions carefully before using BuyTrade (the ‘Software’). By using the Software, you agree to be bound by these terms and conditions.

The Software enables you to purchase products from BuyTrade (a trading name of TradeHelp Ltd, ‘us’) directly by means of an electronic card payment (or such other means of electronic payment as may be facilitated by the Software from time to time) made at the point of placing the order (‘Electronic Payment Orders’). Electronic Payment Orders also include any Product Requests, being orders made by you outside of the Software and as a result of an enquiry form, out of stock requests or obsolete product requests. Every Electronic Payment Order (including Product Requests) is subject both to these terms of use and to the BuyTrade Electronic Payment Order Terms and Conditions available here.

The Software also enables you to purchase products from selected third party suppliers (‘Supplier/s’) on credit accounts you may hold with those Supplier/s (‘Credit Account Orders’). By connecting and validating your credit account details, as required by the Software and the Supplier, you are undertaking that the account details are your own and that you will be responsible for payment of any balance on that account in accordance with the normal terms of sale of the Supplier. Every Credit Account Oder made via the Software is subject both to these terms of use and to the relevant terms and conditions of sale of the Supplier/s you select (which will be available to you prior to checkout and within your order confirmation). Please note that it is a condition of connecting your credit account to the Software that you join the TradeHelp Buying Group.

All prices in the Software and any quotes in connection with Product Requests are stated exclusive of VAT.

Any Electronic Payment Order is an offer by you to us, to buy the product/s in your order.

Any Credit Account Order is an offer by you to your Supplier, to buy the product/s in your order.

When you place an order to purchase a product, we will send you an e-mail confirming receipt of your order and containing the details of your order (the ‘Order Confirmation’). The Order Confirmation is an acknowledgement that your order has been received (by us for Electronic Payment Orders, or by the Supplier for Credit Account Orders) but does not constitute acceptance of your offer to buy the product/s ordered.

Electronic Payment Orders are orders placed by you directly with us, for which you pay us directly, and they are subject to these terms of use and to the BuyTrade Electronic Payment Order Terms and Conditions available here.

Credit Account Orders are orders placed directly between you and the Supplier. We allow third party Suppliers to list and sell their products via the Software. In each such case this is indicated on the respective fulfilment details page and in your Order Confirmation. Whilst we provide the Software to facilitate these transactions, we are not a buyer or seller of such products. Accordingly, the contract of sale for any Credit Account Order is solely between yourself as buyer and the Supplier as seller. We are not a party to this contract nor do we assume any responsibility arising out of or in connection with such contracts or purchases, nor are we any Supplier’s agent. The Supplier is responsible for the sale of any product/s and for dealing with any claims or any other issues arising out of or in connection with the contract between yourself and the Supplier. For further conditions relating to Credit Account Orders and the sale by third parties to you on the Software, please see the relevant Supplier’s terms and conditions which are accepted by you prior to purchase on the Checkout page, and also provided via a link from your Order Confirmation.

We (for Electronic Payment Orders), or your Supplier (for Credit Account Orders) only accept your offer and conclude the contract of sale for product/s ordered by you, when you collect the product/s from the designated place of collection or when we (or our agent) or your Supplier dispatch the product/s to you.

You consent to receive sales invoices electronically. For Credit Account Orders these will be provided to you directly by the Supplier. For Electronic Payment orders these will be provided to you by us.

We list availability information for products sold by Suppliers and by us on the Software. Beyond what is shown on the Software, we cannot be more specific about availability. As we or your Supplier process your order, we (for Electronic Payment Orders) or your Supplier (for Credit Account Orders) will inform you by e-mail or telephone as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that all availability and delivery times given are estimates. They are not guaranteed availability or delivery times and should not be relied upon as such.

Where we display a Same-Day Delivery service option in connection with any order, additional terms will apply. Same-Day Delivery will only be displayed in the Software as a possible delivery option where it is potentially available from a specified branch and at the date and time of creating the order basket. Same-Day Delivery times provided by the Software are estimates only (based on the expectations of the courier company as to the options likely to be available) and are subject to availability. Neither we, nor any courier providing services in connection with BuyTrade, make any warranty or guarantee that any Same-Day Delivery service or timings, where displayed in the Software, will be available.

Any order placed in the Software for Same-Day Delivery constitutes an additional offer/request by you to us for Same-Day Delivery of the product/s in your order. Our confirmation of your Same-Day Delivery request and the taking of your advance payment for this, does not constitute acceptance of your offer/request. We only accept your request and conclude the agreement to provide Same-Day Delivery (subject to these terms and conditions) when we notify you of the courier’s acceptance of the request and the commencement of the delivery process.

Same-Day Delivery is not available in respect of any basket of product/s which in total weighs more than 25kg, has dimensions in excess of 60x40x40cm, or contains any hazardous products.

If you have requested a Credit Account Order to be delivered by Same-Day Delivery, the payment for the product/s will be made by you direct to your Supplier but the payment for any Same-Day Delivery service will be made by you to us by payment card (or by such other electronic payment method as we may make available in the Software).

When you place a Same-Day Delivery order, we will pass your request to the courier and they will confirm whether there is availability to fulfil that request. If Same-Day Delivery is not available, or is not available at the price stated on your order, we will cancel your order, refund the sums paid, and contact you to take instructions as to how you wish to proceed. If you wish to cancel any Same-Day Delivery request or order, you must telephone us immediately on 01978 666888. If the Same-Day Delivery request has already been accepted by us, you will be required to take delivery and return the items in accordance with the required returns process (set out below).

You must ensure that you provide up-to-date, correct contact details when placing every order and in the My Account section of your Software, to enable us to provide you with relevant updates about any order you may place. You must also ensure that an appropriate adult is available at the delivery address to accept any order requested for delivery. If an order cannot be delivered due to a failure by you to provide correct and functioning contact details and/or to be available to accept the delivery, the products will be returned to the supplier and you will not be refunded any delivery cost.

Despite our best efforts, a small number of the products available via the Software may be mis-priced. We (for Electronic Payment Orders) or your Supplier (for Credit Account Orders) will verify pricing when processing your order. If we or your Supplier have made a mistake and a product’s correct price is higher than the price on the website, we or your Supplier may either contact you before dispatch to request whether you want to buy the product at the correct price or we may cancel your order.

Suppliers other than us sell products via the Software, and we provide links to Supplier sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these Suppliers or the content of their websites. We do not assume any responsibility or liability for the actions, products, or website content of any Suppliers or other third parties. We may share your information related to your transactions with the Supplier/s. You should carefully review their privacy statements and other conditions of use.

We are not the manufacturer of the products sold via the Software. We make available products from a variety of suppliers and therefore all descriptions are approximate and will be matched to products of similar specification across the suppliers being displayed. While we work to ensure that product information on the Software is correct, actual product packaging and materials may contain more and different information to that displayed in the Software. All information about the products displayed on the Software is provided for information purposes only. We recommend that you do not rely solely on the information presented on the Software. Please always read labels, warnings and directions provided with the product before use.

We do not sell products for purchase by children. If you are under 18 you may use the Software only with the involvement of a parent or guardian. We do not sell or make available products for purchase by re-sellers, and the Software is not intended for use by re-sellers. If we deem your use of the Software to be incompatible with its intended aims, we will disable your user ID and password and prohibit you from using the Software without notice.

When ordering products for delivery outside of mainland UK you may be subject to import duties and/or taxes, levied once the package reaches the specified destination. Any such charges for customs clearance must be borne by you and, as the importer of products, you must comply with the relevant laws of the country in which you are receiving the products. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Our services are not intended for use by consumers, only by businesses. If you wish to purchase a product acting as a consumer, you must inform us in advance and gain express written permission from us for the transaction. If the transaction is permitted by us in writing then you may return products at any time up to 14 days from receipt, unless the products have been mixed inseparably with other items by that point or if the products were tailor made for you (for example, Orders for Special Order Products, i.e. any products made or sourced to your own specification, may not be cancelled). You are responsible for returning products at your own cost and deduction will be made if the value of the products has been reduced as a result of handling. A re-stocking charge also applies. This does not in any way affect your statutory rights.

If you are not acting as a consumer, please refer to the terms below, which will govern your right to return items.

Any returns must be made within 14 days from receipt. You are responsible for returning products at your own cost and deduction will be made if the value of the products has been reduced as a result of handling.

Electronic Payment Orders, placed with us, by means of an electronic card payment to us at the time of order, must be returned to the relevant supplier in accordance with our instructions and the requirements set out in your Order Confirmation and within the BuyTrade Returns Information by no later than 14 days from receipt. The BuyTrade returns requirements are also set out in the Returns Information section below.

Credit Account Orders, ordered on your credit account with a Supplier, must be returned directly to that Supplier and by following the instructions available within your Order Confirmation email and the Order History section of the Software, which include the standard returns policy requirements for your Supplier. The Supplier returns requirements are also set out in the Returns Information section below.

Please do not return any products from any order directly to us. We cannot accept such returns and take no liability for any product/s returned incorrectly to us in this situation. Please ensure you follow the returns requirements set out within our instructions and in your Order Confirmation and in the Returns Information below, as we take no liability for any loss which may arise through returns being made otherwise than in accordance with the exact returns process required.

When you log in, configure and/or use the Software, we collect information from you in order to help configure your Software to the best effect for you, to support and contact you in connection with your use of the Software and connected benefits, and to inform you about products or services which we think may be of interest to you.

We are the data controller responsible in respect of the information collected about you as a user of the Software. If you link your Supplier Credit Account/s to the Software, we will share your contact and credit account details with the Supplier/s, in order to enable your orders to be linked to your credit account and to enable you to place Credit Account Orders via the Software. We will share your contact details with our suppliers so far as is required to enable your Electronic Payment Orders through the Software to be placed and fulfilled. Otherwise, unless we are legally required to do so, we will not share your data with third parties without your express consent. You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email us at [email protected]. There may be a small charge for this service. Please let us know if the personal information which we hold about you needs to be corrected or updated.

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information and any data entered into or provided by the Software.  However, you acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping any password and other login details confidential.

Unless otherwise stated, we or our licensors own the intellectual property rights in the Software and material accessible from it. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Software for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not: (a) republish material from the Software (including re-publication on another app); (b) sell, rent or sub-license material from the Software; (c) reproduce, duplicate, copy or otherwise exploit material on the Software for a commercial purpose; (d) edit or otherwise modify any material on the Software; or (e) re-distribute material from the Software.

You must not use the Software in any way that causes, or may cause, damage to the Software or impairment of the availability or accessibility of the Software; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Software.

You may use the Software to search for products and to check stock availability from Supplier/s but, if you repeatedly use the Software only for this search functionality, and do not place any orders or only place minimal orders via the Software, we may suspend or terminate your right to access the Software, as the search and stock check functionality available is only intended to be used as part of a genuine ordering process.

Access to certain areas of the Software may be restricted. We reserve the right to restrict access to other areas of the Software, or indeed the whole Software, at our discretion.

It is your responsibility to ensure that your log-in and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.  You are responsible for any activity on the Software arising out of any failure to keep your user ID or password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person’s user ID and password to access the Software, unless you have that person’s express permission to do so. We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

We do not warrant the completeness or accuracy of the information published on the Software; nor do we commit to ensuring that the Software remains available, uninterrupted or error-free; nor that the material on the Software is kept up to date.  It is your responsibility to ensure that any use you make of the Software is lawful.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Software and the use of the Software (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Software and the information and services on the Software are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Software, prohibiting you from accessing the Software and/or bringing court proceedings against you.

We may revise these terms of use from time to time. Revised terms of use will apply to the use of the Software from the date of publication of the revised terms of use on the Software.

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These terms of use (together with the BuyTrade Electronic Payment Order Terms and Conditions, where relevant) constitute the entire agreement between you and us in relation to your use of the Software and supersede all previous agreements in respect of your use of the Software.

These terms will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

The full name of our company is TradeHelp Ltd trading as BuyTrade.

We are registered in England and Wales under registration number 03712438.

Our registered address is Marchwiel Centre, Bryn Lane, Wrexham Industrial Estate, LL13 9UT.

Our VAT number is 163536702.

Our data protection registration number is ZA013059.

Our consumer credit licence number is 697812.

You can contact us by email at [email protected] and 01978 666888 (on working days between 8.30am to 5pm).

BUYTRADE RETURNS INFORMATION

ALL ORDERS

Credit Account Orders, ordered on your credit account with a Supplier, must be returned directly to that Supplier and by following the instructions available within your Order Confirmation email and the Order History section of the Software, which include the standard returns policy requirements for your Supplier (as replicated below, though please check directly with your Supplier for any updated requirements).

Electronic Payment Orders, placed with us by means of an electronic card payment (or similar) to us at the time of order, must be returned to the relevant supplier in accordance with our instructions and the requirements set out in your Order Confirmation and within the BuyTrade Returns Information (replicated below) by no later than 14 days from receipt.

Please do not return any products from any order directly to us. We cannot accept such returns and take no liability for any product/s returned incorrectly to us in this situation. Please ensure you follow the returns requirements set out within our instructions and in your Order Confirmation and in the Returns Information, as we take no liability for any loss which may arise through returns being made otherwise than in accordance with the exact returns process required.

ORDERS PLACED ON CREDIT ACCOUNT WITH THE SUPPLIER WOLSELEY

You may cancel orders other than those for Special Order Products at any time before they are dispatched by either:

(a) emailing [email protected]; or

(b) telephoning 0344 891 0196

Before returning any products to Wolseley, you must contact Wolseley either by:

(a) emailing [email protected]; or

(b) telephoning 0344 891 0196

(c) telephoning the branch from which the products were despatched or collected, details of which are found on the advice note accompanying the products (‘Advice Note’) to inform Wolseley that the products are being returned and to confirm details of the branch / address that the products should be returned to.

You may return products for any reason within 14 days from the date of delivery / collection provided that the following conditions are satisfied:

(a) products will only be accepted if they are in brand new, unused condition fit for immediate re-sale;

(b) packaged items will only be accepted if the package remains unbroken and in reasonable condition; and

(c) you supply the Advice Note or other proof of purchase (and for the avoidance of doubt a copy of the email confirming details of the order will not be sufficient for these purposes).

Where products are returned where they are not faulty:

(a) in every case a restocking charge will be made by Wolseley; and

(b) the risk and cost or returning the products will be at your cost.

Wolseley will examine the returned products and will process any refund to you within 30 days. Unless otherwise notified by Wolseley the price of the products will be refunded less any applicable delivery and/or collection charges.

Wolseley cannot offer refunds or accept returns on the following (unless they are faulty):

(a) Special Order Products;

(b) if sealed packages have been opened on sensitive electronic goods (e.g. boiler printed circuit boards);

(c) products that have been fitted; and

(d) specially manufactured products.

The full Wolseley returns policy may be viewed HERE.

ORDERS PLACED ON CREDIT ACCOUNT WITH THE SUPPLIER CITY PLUMBING SUPPLIES (‘CITY’)

In the unlikely event that a product is faulty, not as described or delivered damaged, please contact City straightaway by email at [email protected] or by telephone on 0330 678 0267. Please have your order reference to hand as well as details of the affected product. Any refund will be credited to the card or account used to purchase the affected product.

If you purchased the product as a consumer you can return the product to your nearest City Plumbing branch, along with proof of purchase. Or you can arrange for City to collect the product by emailing [email protected], or calling them on 0330 678 0267, with your order reference and details of the product you want to return. City will then arrange for the product to be collected by their nominated carrier. Please note that the minimum charge for this collection service is 15% of the order value and may be more, depending on your location and product type. Refunds to purchasers acting as consumers will be made as soon as possible and no later than 14 days after receipt by City. The refund will be made to the debit or credit card you used to pay for the product. Please note that City have the right to reduce the amount of your refund to reflect any decrease in the product value that has resulted from the manner in which you’ve handled it.

Unless you purchased the product acting as a consumer, or the product is faulty/defective, any cancellations/returns and refunds are at City’s discretion. To enquire about cancellations and returns, please email [email protected], or call City on 0330 678 0267 with your order reference, postcode and phone number.

If City do accept a return of the product, it must be returned in its original condition within 30 days of the date of delivery to you or within 30 days of the date of collection. You will be responsible for returning the product to City at your own cost and they may deduct a restocking charge from the amount of your refund.

The full City returns policy may be viewed HERE.

ELECTRONIC PAYMENT ORDERS

Cancellations

You may cancel orders for products, other than those for Special Order Products, at any time before they are collected or dispatched by either emailing [email protected] or telephoning 01978 666888 and providing:

1)         Your name;

2)         The BuyTrade Order Number (provided in your Order Confirmation);

3)         A list of the products you no longer require.

We reserve the right to charge you for any costs which are incurred as a result of your cancellation of an order.

Returns

After collection or dispatch of your order, you may return products within 14 days from the date of delivery/collection provided that the following conditions are satisfied.

After receipt of your order, before returning any products, you must contact us either by emailing [email protected] or telephoning 01978 666888 and providing:

1)         Your name;

2)         The BuyTrade Order Number (provided in your Order Confirmation);

3)         A list of the products you no longer require;

4)         An image of each product you wish to return, in good resalable order – emailed to [email protected]

We will then inform you of where to return the items. Returns are made at your own cost and risk.

Where requested you must then provide a legible image or copy of the returns receipt or, where appropriate, the proof of postage you are provided when returning the product/s. The list of returned products must be clearly visible (where included on the image/copy).

Please note that:

1)         products will only be accepted if they are in brand new, unused condition fit for immediate re-sale;

2)         packaged items will only be accepted if the package remains unbroken and in reasonable condition;

3)         a re-stocking charge applies in all cases; and

4)         the risk and cost or returning the products will be at your cost.

We cannot offer refunds or accept returns on the following:

  • Special Order Products;
  • Printed Circuit Boards (PCBs);
  • Any gas carrying or gas controlling parts;
  • Products which are deemed by BuyTrade to have been damaged (or not in the original condition delivered or with opened or damaged packaging); and
  • Products deemed by BuyTrade to have been fitted.

Once we are in receipt of the above information and images then, provided the return satisfies the conditions above, and provided you effect the return in accordance with our directions, we will process any applicable refund within 7 working days to the same payment card/method used to pay for the order (less any applicable delivery, collection and/or re-stocking charges).

Please do not return any products from any order directly to us. We cannot accept such returns and take no liability for any products returned incorrectly to us in this situation. Please ensure you follow the returns requirements set out, as we take no liability for any loss which may arise through returns being made otherwise than in accordance with the exact returns process required.

Our services are not intended for use by consumers, only by businesses. If you wish to purchase a product acting as a consumer, you must inform us in advance and gain express written permission from us for the transaction. If the transaction is permitted by us in writing then you may cancel an order at any time before collection/dispatch, or return products at any time up to 14 days from receipt, unless the products have been mixed inseparably with other items by that point or if the products were tailor made for you (for example, orders for Special Order Products may not be cancelled or returned). You are responsible for returning products at your own cost and deduction will be made if the value of the products has been reduced as a result of handling. A re-stocking charge also applies. This does not in any way affect your statutory rights.

The full terms and conditions for Electronic Payment Orders may be viewed here.

You can contact us by email at [email protected] and 01978 666888 (on working days between 8.30am to 5pm).