Website Terms of Use

Transcription

1 Website Terms of Use By using this Site you are agreeing to the Terms that appear below. 1. Information about us This Site is operated by Booker Group plc a company registered in the United Kingdom under company number and with its registered office at 'Equity House, Irthlingborough Road, Wellingborough, Northants, NN8 1LT, United Kingdom on behalf of Booker Limited, Booker Retail Partners (GB) Limited, Makro Self Service Wholesalers Limited, collectively Booker. 2. Service Availability If any material on this Site, your use of this Site, or the Products advertised on this Site, are contrary to the laws of the jurisdiction in which you are located then this Site is not intended for your use and we ask that you do not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located. 3. Contracts The Terms governing any purchase you make on this Site will be those in effect at the date of your order and can be located after you have logged in. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase of Products from this Site We reserve the right, at our sole discretion, to amend these Terms at any time. If you order Products after we have published any changes you will be bound by those changes. To assist you in determining whether these Terms have changed since your most recent order we will display the date upon which these Terms were last amended. 4. Acceptable Use of the Site It not possible to provide a list of exactly what constitutes acceptable and unacceptable use of this Site. In general, we will not tolerate any use of the Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. We therefore request you to treat our Site with respect, and not to use the Site for any illegal purpose, or in such a way as to infringe or breach others rights or to cause or threaten to cause us damage. We reserve the right to suspend the use of the Site generally or block your access to any part of the Site and/or to suspend or terminate your rights to use the Site or any part of it if we suspect misuse. We may report any misuse of the Site to the relevant enforcement or other authorities and to our legal advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse of this Site. You agree not to use the Site or cause or permit the Site to be used: to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;

2 to harvest or otherwise collect information about others, including addresses, without their consent; for any commercial purpose including any direct marketing, surveys (including without limitation for price checking by our competitors), contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk , spam, duplicative or unsolicited messages, advertising or promotional material; to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other harmful or detrimental programs; to attack the Site via a denial-of-service attack; or contrary to the terms and conditions of any Internet Service Provider you may use. At the time of your registration you will receive a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. 5. Availability of Site While we will endeavour to inform customers in advance of any Site unavailability, this cannot be guaranteed and the Site may be unavailable at certain times, e.g. to allow us to maintain and upgrade the Site. We reserve the right to alter or withdraw the Site at any time and also reserve the right to refuse access to the Site to you at our discretion. 6. Warranties We do not warrant that the Site will be continuously available, or that your use of the Site will be uninterrupted or error-free. This Site is provided by Booker on an as is basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied. Neither we, nor any of our respective licensors, licensees, service providers or suppliers warrant that the Site or any function contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free from viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials incorporated in the Site or any third-party site accessed through the Site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. It is your responsibility to ensure that suitable equipment is available to enable your safe use of the Site. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site. While we will use reasonable endeavours to verify the accuracy of the information we place on the Site, we make no warranties, express or implied, in relation to its accuracy. To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials. These disclaimers apply to the fullest extent permitted by law. 7. Advertising

3 Part of the Site may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Booker will not be responsible for any error or inaccuracy in such advertising or sponsorship materials. 8. Privacy We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference and is available at Privacy Policy. 9. Intellectual Property The content of this Site is owned or licensed by Booker. This material includes, but is not limited to, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site). All materials incorporated in or accessible through the Site are protected by copyright laws, and are owned, controlled or licensed by Booker, or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Site in the ordinary course of your business or as a resource for purchasing the Products available through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. In particular you may not use this website or its content for any commercial purpose (other than for ordering Products from us in accordance with these Terms), including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent of Booker. Any unauthorised use of the Site terminates your permission to use the Site and entitles us to terminate any other agreements between us and you. 10. General Links: Where a Product description contains a link to another party s website, please note that Booker does not vet these websites and has no control over their contents. Booker cannot accept any liability in respect of the use of those third party websites. We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller. Written communications: Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by or provide you with information by posting notices

4 on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Severability: If any court or competent authority finds that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, such term(s) will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. Our right to vary these Terms: We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system s capabilities. Law and jurisdiction: Any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales. These terms were last updated on 1 st September 2016 Terms & Conditions of Online Purchase Please read this carefully. By submitting an order on this web site you are agreeing to the terms that appear below which will apply to any purchase made through this web site. By agreeing to these terms and conditions you confirm that you are: purchasing goods for resale or use by your business and not for personal use or consumption; a registered customer of Booker Limited, Makro Self Service Wholesalers Limited or Booker Direct Limited through its trading entities CTM Wholesale and Booker Direct (hereafter referred to as "Booker", "we", "us" or "our"); actively engaged in business or charity; that the business is operated by a person who is 18 years of age or over; and those with access to this site or given Booker Customer Cards are directors, nominated managers or proprietors of the business. 1. Purchase Contract 1. All purchases made on this web site are governed by these Terms and Conditions. The Terms and Conditions governing any purchase will be those in effect at the date of your order. We reserve the right at our sole discretion to amend these Terms and Conditions at any time. If you order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated. 2. We will confirm receipt of your order as soon as possible by , to the address you provided to us. Our acceptance of your order will take place upon despatch of the product(s)

5 ordered and at this point the purchase contract will be made. We will supply the goods to you in accordance with these Terms and Conditions. 2. Pricing and Availability 1. The prices quoted on our website are national indicative/guide prices only. 2. All prices are quoted excluding VAT. Where applicable, VAT will be added to invoices. 3. Prices are liable to change without prior notice and are a guide only. 4. The actual order value cannot be determined until the day of delivery, because the prices quoted on the website could vary either above or below the prices in branch on the day your order is picked and delivered. Please note that the price listed is a guide price and the price actually paid will be the price on date of delivery, by which time offers on certain products may have expired, whilst new product offers may have begun. 5. Please check the dates of availability of any offers before purchasing. 6. Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer. 7. If you would like us to deliver a substitute line should selected lines be unavailable, you can request this when placing your order or a substitution policy may be agreed with local branch. 8. Product descriptions and prices should only be used as a guide and Booker reserves the right to vary them without notice. 3. Delivery 1. Delivery will be made to the address specified by you when you register on the website. 2. Delivery will be made only to an adult aged 18 years or over. 3. Delivery dates, times and charges will be agreed with you by the branch manager prior to the start of your delivery service and prior to you being given access to place an order on the web site. Delivery times, where agreed, are approximate only and subject to clause 9 below there shall be no liability on Booker for late or cancelled delivery. 4. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the agreed date and time. All goods must be signed for on delivery by an adult aged 18 years or over. 5. If no one is at the address when delivery is attempted the goods will be retained by us. Any goods ordered via the Booker Web Site, will remain the property of Booker. 6. Should you fail to be present for your delivery we are entitled to charge you in full price of the items contained in your order and the cost of delivery. 7. All alcohol and tobacco must be checked off at time of delivery and queries reported to the delivery driver immediately. No discrepancies will be entertained if such goods are not checked off at time of delivery. 8. All goods remain the property of Booker until payment has been made in full and received in full by Booker. 4. Order Error 1. Goods may not be returned without a collection note. 5. Returns 1. Claims for shortages, damages or incorrect goods must be notified to your local branch quoting your customer number and order number within 24 hours of delivery, with the exception of alcohol and tobacco, which must be checked at time of delivery. 6. Payment

6 1. Payment for the delivered goods will be according to the trading terms that have been agreed in advance with your local branch manager. Payment may be made by debit or credit card. Booker reserves the right to refuse delivery if these terms are not adhered to. 2. The debit and credit cards accepted by us are those listed on the web site on the date on which your order is placed. 3. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than 20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you. 7. Availability of service 1. The service may be unavailable at certain times to allow Booker to maintain and upgrade the website. Although Booker will always endeavour to inform customers in advance of any service unavailability, this cannot be guaranteed. Booker reserves the right to alter or withdraw the service at any time and also reserve the right to refuse the service to any customer without giving a reason. 8. Customer Complaints 1. 1 If you have any comments or complaints on or about our website, please us at feedback@booker.co.uk. 9. Warranty and Liability 1. Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty. 2. In addition to clause 4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems. 3. Booker is constantly monitoring and checking the information on this website while we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. We would advise you to check the label or product packaging, prior to use. 4. Where precise information is important to you on a branded line, please contact the manufacturer whose contact details appear on the packaging or label. For any Booker own label product, please contact our Customer Relations team on Where a product description contains a link to another party s website, please note that Booker does not vet these websites and has no control over their contents. Booker cannot accept any liability in respect of the use of those 3rd Party websites. 6. This information is supplied for your personal use only in placing orders through this web site, and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 7. Booker makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Booker shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website. 8. Other than as set out above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the price of the goods contained in that order. 9. For further information regarding your privacy or our use of cookies please see the Privacy Notice on our website. 10. Password/Account Security

7 At the time of your registration you will receive a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Booker shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. 11. General 1. If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. 2. The content of this website is owned or licensed by Booker. This material includes, but is not limited to, photos, images, layout, graphics, look and appearance. The content of the site is protected by copyright, trademarks, database and other intellectual property rights and any such rights will remain vested in Booker or our licensors. 3. You can use this site only for your own personal, non commercial use, in order to place orders through the website. 4. You may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from the Booker website. You may not use this website or its content for any commercial purpose; including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent of Booker. Any unauthorised use terminates any permission s granted. 5. These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them. This web site is operated by Booker Group plc whose registered office is situated at Equity House, Irthlingborough Road, Wellingborough, Northants, NN8 1LT, registered number (England and Wales)