____________________________________________________________
Terms & Conditions -
____________________________________________________________
In General
TIW FULFILMENT LTD TRADING AS THIS IS WHOLESALE (“www.thisiswholesale.co.uk”) owns and operate this Website. This document governs your relationship with www.thisiswholesale.co.uk” (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.thisiswholesale.co.uk. www.thisiswholesale.co.uk has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.thisiswholesale.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.thisiswholesale.co.uk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.thisiswholesale.co.uk and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price by parent company.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.thisiswholesale.co.uk you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.thisiswholesale.co.uk retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.thisiswholesale.co.uk or may in some cases be a third party. Where a contract is made with a third party www.thisiswholesale.co.uk is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices & product specs advertised are subject to such change without prior notice, we suggest you check before placing an order if unsure.
The Buyer acknowledges that this is a 'trade only' contract where buyers may be online and as such is NOT a consumer sale for the purposes of the Consumer Rights Act 2015 (which replaced the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994)) and the Unfair Contract Terms Act Regulations 1977 / 1999 and the Buyer shall not seek to rely upon any conditions or warranties implied thereby
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Returned goods will be refunded minus delivery charges and any return to sender charges (yes we offer free delivery but that doesn't mean delivery as actually free, its just we subsidise the cost of it - on returns the actual cost of delivery will be deducted from the refund and restocking charges (30%). Refunds & returns take time to receive, inspect, repack, restock, credit and process and may take 14 working days depending on your card issuer. If you cannot accept this then please do not order as we are very busy dispatching customers orders on quick delivery services, refunds cannot be expressed.
(c) Payment
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Discounts
We reserve the right to update or modify this Agreement at any time without prior notice. Discount codes are limited to one per customer or one per order. BUY10 discount code is subject to minimum order value of £189.00. Promo codes sent by email newsletter vary and are subject to time limitations.
(e) Delivery
Free delivery is available on most orders or can be upgraded to express delivery at checkout. Please note whilst we make every attempt to dispatch and deliver your goods on time, we can not be held responsible/liable for late deliveries. Hence we recommend waiting up to 5 working days for standard items and 10 working days for oversized (3m+) items before contacting us about your delivery. Deliveries are made by a range of couriers between the hours of 8am and 6pm. We are unable to give an estimated delivery window other than a date.
It is the buyers responsibility to contact us within 24 hours with evidence of any damages, loss or missing items. The courier will require a 72 hour search period from opening a case before deeming items as lost & replacements can be dispatched. If the customer requests delivery without someone present on site to sign for the goods, we nor courier will accept no liability for loss or damage to goods. Hence we strongly advise all customers to ensure someone is present on site to check goods and receive/sign for the delivery - additional charges apply for rebooking of delivery for failed delivered chargeable at £75.00 per pallet space. Goods where delivery hasnt been paid will be retuned to sender in 1 working day and refunded minus deliver & return charges at £75.00 per pallet space, per leg (yes, you may have been charged a cheaper price for delivery but this is the actual cost each way, we subsidies alot of the cost). Otherwise, we cannot uphold a claim.
(f) Returns & Cancellations
Once orders are dispatched, they cannot be amended or cancelled. It is the buyers responsibility to contact us prior to returning goods for a RMA number and a confirmation of return address (buyer must send goods to correct depot and not our offices otherwise recovery costs will apply) within 14 days of the date of order. (the date ordered, not the date received or opened). The goods need to be received back within the 14 day period, not notified of wish to return & we cannot accept any delay or economy couriers so please ensure you use a suitable courier to return unwanted goods. Any delivery or notification after this time frame means the return will not be accepted. Any returns delivered to the wrong delivery address or without an authorised RMA number will result in delay of refund. We withhold the right to charge a delivery charge or any 'change-of-mind' orders. Where goods are faulty, warranty is RTB - return to base. If found faulty, we will deliver a replacement free of charge.
We are a wholesale B2B supplier only - we do not supply consumer goods to consumers. If you are a consumer thats circumvented our company only checkout policy then the onus is on you to ensure you understand the terms of contract in the supply - business to business transactions are EXEMPT from the Consumer Contracts (formerly distance selling) - and hence business customers are subject to 30% restocking charges & only eligible for credit against future purchases for returning unwanted goods. It is the buyers responsibility to pay return delivery fees. We do not refund delivery costs (the costs to send the goods to you). We do not offer a try before buy service or sample so please be sure you are ordering the correct goods/QTY/size BEFORE ordering. We have 24/7sales chat, 9-5 telesales if you need help order but if your unsure or un-qualified to order, we recommend you dont to avoid incurred costs and disappointment later. We accept no liability for misinterpretation-of any kind.
DELIVERIES OF OVERSIZED ITEMS SUCH AS ARE BY SPECIAL COURIER. PLEASE NOTE ONCE DELIVERY IS BOOKED IN, ANY UNSUCCESSFUL DELIVERY ATTEMPTS OR CANCELLATIONS WILL BE SUBJECT TO A DELIVERY CHARGE of £75.00 PER PALLET SPACE.
Any change of mind orders are refunded minus the minimum delivery costs. Yes you may have qualified for free delivery, that doesnt mean the courier delivered the item for free, it just means we paid for the delivery. Hence refunds will be minus £9.50 ex VAT for standard sized items up to 1.2m in size, £37.50 for items sent by courier 1.5m to 3m, palletised items taking a single pallet space £75.00 or oversized pallets such as decking at £150.00. All prices are ex VAT. If the goods were refused and returned using our courier, the same charge will be applied to cover the return transport
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.thisiswholesale.co.uk and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.thisiswholesale.co.uk's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.thisiswholesale.co.uk and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.thisiswholesale.co.uk.
Indemnity
You agree to indemnify, defend and hold harmless www.thisiswholesale.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.thisiswholesale.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director.
Promotions
Any promotions are exclude VAT and delivery & are limited to 1 per customer. We reserve the right to cancel promotions at any time.
____________________________________________________________
Privacy Policy and GDPR
____________________________________________________________
This Privacy Policy will help you understand what personal data we collect, why we collect it and what we do with it.
As you read our Policy, please keep in mind that it applies to all Group companies. The Group is committed to ensuring that your privacy and personal data are protected. This Privacy Policy sets out how the Group uses and protects any personal data that you give us when you engage with us, or visit our website.
By engaging with us, you are accepting and consenting to the practises described in this policy. You can withdraw consent at any time by writing to us at the address below. The Group may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is compliant with the GDPR (EU) 2016/679 and the Data Protection Act 1998.
WHAT PERSONAL DATA DO WE COLLECT
We may collect, use, store and transfer your “personal data”. This can include:
• Identity Data such as name, usernames, marital status, job title, DOB and gender
• Demographic Data such as preferences and interests
• Contact Data such as email address or telephone number
• Financial Data such as bank account or payment card details
• Technical Data such as IP address, login data, browser type, location, statistical or demographic
data
• Usage Data such as information about how you use our website, products and services
• Marketing and Communications Data including your preferences regarding receiving marketing
materials from us and our Group companies.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
A) Direct Interactions
You may give us your identity and contact data by flling in forms (by paper or electronically)
or by corresponding with us by post, phone, email or otherwise. This includes data you provide
when you apply for our services (or those of our clients/third parties), or when you give us some
feedback.
B) Automated technologies or interactions
As you interact with our website we may automatically collect Technical Data about your
equipment, browsing actions and patterns. We collect this personal data by using cookies and
other similar technologies. Please see our Cookie Policy for more detail.
C) Third parties of public sources
We may receive data about you from third parties and public sources, including search
information providers.
WHAT WE DO WITH YOUR PERSONAL DATA
We use your personal data to better understand your needs and provide you with a better service, and in particular for the following reasons:
• to perform a contract we have with you and provide our services
• to improve our services and to customise our website according to your interests
• to provide research and insight services for ourselves;
• to send you promotional materials about us (where you have opted in to such communications)
We may share your information with selected third parties, including: business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. We will get your express opt-in consent before we share your personal data with any company outside the Group for marketing purposes.
We may also share your personal data with companies within the Company Group. This will not involve transferring your data outside of the European Economic Area.
HOW LONG WE HOLD YOUR DATA
We will only hold your personal data for as long as necessary to fulfil the purposes we collected it for. In determining this period we will consider the amount, nature and sensitivity of the data as well as the potential harm from unauthorised use or disclosure
SECURITY + DISCLOSURE
We are committed to ensuring that your information is secure and is not lost, used or accessed in an unauthorised way. In order, to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site or app, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.
TWITTER
A number of our applications utilise Twitter and/or other website’s APIs (Application Program Interfaces) in order to display tweets and/or other pieces of information or data acquired from third
party websites. From time to time we will store this data for use in one of our apps. We will treat this data in exactly the same way as we do other data referred to in this privacy policy.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
• request access to personal data we hold about you;
• request correction of the personal data we hold about you which may be incomplete or
inaccurate;
• request deletion or object to the processing of your personal data;
• withdraw your consent to process your data.
Whenever you are asked to fll in a form on our website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at Dsales@thisiswholesale.co.uk. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
