Terms & Conditions
TERMS AND CONDITIONS FOR SALE
Please read these terms and conditions carefully as they govern the relationship between us and you and limit our liability to you when you purchase packages and products through us. By accepting these terms and conditions you are forming a contract with us and are agreeing to the terms and conditions that appear below. References to "you" and "your" are to you as an individual. References to "us", "our" and "we" are to the owners and operators of www.theselect.co.uk.
IMPORTANT : in ordering products through us, you are ordering them for onward sale to your customers and are not purchasing them as a consumer, as such you acknowledge that you shall not receive the benefit of any consumer protection laws.
If you have any questions please contact us through "Customer Services" from within the customer area.
1. GENERAL TERMS AND CONDITIONS
*Please note: If a promotion of a ‘setup fee discount’ and ‘no monthly’ is apparent on the website then the conditions regarding the monthly payments and notice period are null and void. Payment is made in full for the entire year by which time the customer is then entitled to renew for a second year at the same price and offer. We reserve the right to close such promotions at anytime
1.1 Each order placed by you with us shall be an offer by you to us to buy packages or products subject to these terms and conditions and those of our website at www.theselect.co.uk.
1.2 All quotations and advertisements for packages or products given on our website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment or reached an agreement as to payment from you and issued acknowledgement of your order. Any quotations or advertisements for packages or products given on our website may be altered or withdrawn by us at any time.
1.3 We shall endeavour to ensure that all orders are met within the time period estimated. Packages are automatically delivered by email within seconds of receiving payment or reaching an agreement as to payment. We shall not be held responsible for delays in receiving these details due to issues with your email account, spam filters or server problems.
1.4 Unless otherwise agreed between you and us, the price for the packages or products shall be the price advertised on our website as published on the date of the order. It is always possible that, despite our best efforts, some of the packages or products we sell and supply may be incorrectly priced. If the correct price of our packages or products is higher than the stated price, we will normally, at our discretion, contact you before accepting your order, or reject your order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide any packages or products at the incorrect (lower) price.
1.5 Payment for the price of the packages or products shall be due in pounds sterling. Where payment is received by us from you which is not in pounds sterling, for the purposes of converting the currency paid to us into sterling the rate of exchange to be applied shall be the rate applied by our bank for the purchase of sterling with such foreign currency that is paid as at the close of business on the date when the relevant payment is received by us.
1.6 Time of all payments shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.
1.7 Packages can be sold on a non-contract basis at our discretion.
1.8 You must be over 18 years of age to subscribe to this site.
1.9 All actions conducted by you in respect of us shall be conducted in the utmost of good faith, in accordance with all applicable laws and in such a way as to avoid bringing the reputation or goodwill associated with us into disrepute or to cause our commercial interests to be prejudiced.
1.10 You shall not misrepresent your connection with us, and shall make clear to your customers and potential customers that you are in no way an employee, representative, commercial agent, representative, affiliated or associated business or person of us. If you do misrepresent your connection with us, whether innocently, negligently or fraudulently, you shall indemnify us and keep us indemnified against any loss, including, but not limited to, damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, howsoever caused to us as a result your misrepresentation.
1.11 You shall only use materials provided by us to describe your connection with us.
2. YOUR ORDER FOR PACKAGES
A. PAYMENT TERMS
2.1 The price for the packages shall be exclusive of value added tax.
2.2 Upon payment or reaching an agreement on payment in respect of your annual subscription fee for a package you shall be entitled to use our services as a customer of www.Theselect.co.uk at the chosen level. The services provided at each level are described on our website at www.Theselect.co.uk.
2.3 All subscription packages are non-refundable and are for a minimum term of 12 (twelve) months. If you wish to cancel your subscription you must provide a minimum of 3 (three) months written notice prior to the expiry of the 12 (twelve) month term (such notice shall only be capable of ending the subscription at the end of the minimum term), otherwise your package will automatically be renewed for a further 12 (twelve) month minimum term (in respect of which the same termination provisions shall apply) and you shall become liable to pay for the cost of that package prevailing at the time of the renewal (in which case payment shall be made to and/or taken by us under these terms and conditions in accordance with the payment method you chose on first ordering your package). All termination notices must be sent by recorded delivery to protect both us and you.
2.4 You acknowledge that you have provided us with accurate and complete subscription information and that it is your responsibility to update us of any changes to that information (including your email address).
2.5 You shall not be entitled to use our services until we have received payment or reached an agreement as to payment from you.
2.6 Each subscription is for a single individual only, as included in your subscription information.
B. CANCELLATION RIGHTS
2.9 Following your acceptance of these terms and conditions, you shall be entitled to use the services in accordance with these terms and conditions, as amended from time to time. If at any point you do not agree with or accept our terms and conditions you must cease using the services immediately.
2.10 Once an order for a package has been placed by you and accepted by us you have no right to cancel the order or to a refund, except at our discretion in exceptional circumstances. Once we have delivered login details of the package we are unable to cancel any orders or provide a refund unless otherwise stated because, at this stage, our work on your account would have commenced.
2.11 Where a website and domain name are provided as part of the package then your right to use that website and domain name shall only exist during the term of your package. Any such websites and domain names (including any and all intellectual property rights comprised and subsisting therein and thereto) shall always remain our property as full sole and absolute legal and equitable owner. If packages are paid for by way of monthly payment then, if payment is not made by direct debit for any 3 (three) consecutive months, we may rescind your right to use any website and domain name provided as part of your package, rescind your package, and transfer any such website and domain name to a third party.
2.12 Upon acceptance of your subscription we shall issue you with a user ID and password. You are responsible for the security and safety of your user ID and password and shall be responsible for all use made of the services, including preventing any unauthorised use of your user ID and password.
2.13 If you believe there has been any breach of these terms and conditions by unauthorised use of your user ID and password, you must notify us immediately.
2.14 If we believe that your user ID and password are being used by an unauthorised user or in a manner breaching these terms and conditions, we reserve the right to suspend your subscription until the matter is resolved to our satisfaction.
2.15 We are continually seeking to improve the services we offer and reserve the right to make changes to any part of the services, at our own discretion, provided that any such changes do not, in our opinion, materially reduce the functionality of the services.
2.16 In the event that we discover, or have reason to believe, that you are not using the services in accordance with these terms and conditions, we reserve the right to suspend your subscription until the matter is resolved to our satisfaction.
C. MISCELLANEOUS
2.17 We shall use all reasonable endeavours to remedy faults in the services and/or technical faults, of whatever nature, and/or downtime of the services with minimal disruption. However, we shall not be liable to you for any damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any fault in the services, any technical fault of whatever nature, and any downtime of the services, howsoever caused including if caused by our negligence.
2.18 We shall not be liable to you for any damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, arising from your inability to use or access the services for whatever reason, or from any action taken as a result of your use of the services.
2.19 You understand and agree that you shall not do anything to bring us, the products we supply, the name "www.Theselect.co.uk" or any of our services into disrepute at any time including when advertising the products for sale to your customers. This includes listing the products on any site including, linked to, affiliated or associated with any other sites, business, individuals or products that we believe will bring our services into disrepute. You may apply to us for guidance as to what we will regard as potentially bringing our name, products or services into disrepute, but our decision shall be final.
2.20 If we discover, or have reason to believe, that you are undertaking any activities that breach the preceding provision, we reserve the right to suspend the services and your subscription until the matter has been resolved to our satisfaction.
2.21 If we offer assistance with any advertising, or offer any advertising space to you as part of the services, we will not be liable for any damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you or any third party as a result of the advertising activities you undertake, whether with our assistance or not, even if due to our negligence.
3. YOUR ORDER FOR PRODUCTS
A. PAYMENT TERMS
3.1 The price for the products shall be inclusive of value added tax but exclusive of all fees and charges in relation to packaging, carriage and insurance to the delivery address. No order you place to buy products shall be deemed to be accepted by us until we have received payment from you and issued confirmation of the order.
B. PROFIT MARGINS
3.2 We shall endeavour to fulfil all orders in accordance with these terms and conditions. We do not accept any risk for any sales agreements you enter into with your customers, including, but not limited to, those relating to fraudulent transactions. It is your responsibility to ensure proper payment is collected from your customers. Once dispatched to the address for delivery we will not recall any product regardless of whether you receive payment in full and clear funds. Therefore we recommend that you receive payment in full and clear funds before ordering the product through us. You also acknowledge that it is your responsibility to ensure that the price you sell products at to your customers is sufficient to allow you to obtain a profit on the sale and that it is your responsibility to ensure that sufficient orders are placed with us to allow you to fulfil orders placed with you by your customers.
3.3 Listing of items by you on any advertisement, auction or similar site, and sales of items that you have not yet ordered is entirely at your own risk, and we shall not be liable for any damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to our inability to fulfil any order for any reason. All business conducted by you (including in respect of any website supplied to and/or edited by you as part of a subscription package) shall be conducted in the utmost of good faith, in accordance with all applicable laws and in such a way as to avoid bringing the reputation or goodwill associated with us into disrepute or to cause our commercial interests to be prejudiced.
C. ORDERS
3.3 You must ensure that the terms of your order, including the address for delivery, are complete and accurate.
3.4 You acknowledge that sometimes products may be withdrawn, altered or discontinued. We do not guarantee the availability of any product at any time. We shall make every effort to update our website at all times, and keep you informed by email, but you understand and acknowledge that you are responsible for all sales you undertake with your customers and we cannot be held liable for any failure or delay to fulfil an order due to products not being reserved by you, or withdrawn or discontinued by us.
3.5 Once an order has been placed by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have arranged for dispatch of the products we are unable to cancel any orders.
3.6 The services we provide to you are for sale of products to your customers for business, private, consumer and domestic purposes only. We will not supply products to customers that are drop shipping undertakings and reserve the right to cancel any order made by you if we have reason to believe that your customer is a drop shipping undertaking. In such an event we also reserve the right to suspend your subscription until the matter has been resolved to our satisfaction. In ordering products through us, you are ordering them for onward sale to your customers and are not purchasing them as a consumer, as such you acknowledge that you shall not receive the benefit of any consumer protection laws.
3.7 No contract between us and your customer shall come into existence as a result of your use of the services and we shall have no obligation to any person other than the obligations we undertake to you in these terms and conditions.
3.8 You will indemnify us and keep us indemnified against any loss, including, but not limited to, damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, howsoever caused to us as a result of any action by any of your customers.
3.9 In the event that you make a sale of any product offered by us, you are obliged to purchase that product through us. If we are unable to supply the product for any reason whatsoever we may, at our own discretion, allow you to source the product through another provider.
3.10 We do not hold any products. All products advertised on our website are supplied by third parties, and the fact that such third parties and their products are detailed on our website should not be construed by you as any form of association, approval or endorsement on our part. We do not accept any liability for your choice of product supplier
D. DELIVERIES
3.11 You acknowledge that we use a third party provider to ship orders to your customers or your registered address.
3.12 Delivery of the products shall take place at the delivery address contained in your order.
3.13 Any dates or times specified by us for delivery of the products are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice.
3.14 Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of reputation or goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).
3.15 If for any reason your customer refuses to accept delivery of the products, all risk in the products shall pass to you and we may, at our discretion, charge for return of the products to us or a nominated third party, a storage fee and a redelivery fee to another address nominated by you.
3.16 The cost of delivery shall be calculated when you place your order with us and payment shall be due before a dispatch is made.
E. WARRANTIES
3.17 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
3.18 All products carry the warranty stated on the product description.
3.19 We shall only extend the benefit of the supplier's/manufacturer's warranty to you and/or your customer, and do not separately warrant the products ourselves.
3.20 In the event of the product requiring replacement or repair under the warranty, you or your customer must contact the product supplier/manufacturer directly.
F. RETURNS AND REFUND POLICY
3.21 In the event that we cancel any order, for whatever reason, we shall refund the price paid by you to you directly, and shall have no further liability for any damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you.
3.22 In the event that any order is incorrect, it must be notified to us within 7 (seven) days after delivery, by either you or your customer.
3.23 In the case of incorrect orders, the products shall be returned to us and we shall redeliver the correct order at our own cost.
3.24 If any products are faulty or defective, you must first contact the product supplier/manufacturer directly to claim under their warranty. If this is not successful, you may return the product to us within 1 (one) month of delivery. We may at our discretion replace the products free of charge and redeliver them to your customer at our own cost unless your customer requests a refund. In the event of replacement of any products, the products returned to us shall become our property.
3.25 If you or your customer requires a refund rather than a replacement for faulty or defective products, or we are unable to replace any faulty or defective products, the products must be returned to us, at our cost, and shall become our property. We shall refund the price paid, by you to us for the products, to you. It is your responsibility to inform and refund (or otherwise) your customer. We shall not be liable for any damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to our inability to replace the products.
4. LIMITATION OF LIABILITY
4.1 These provisions are without prejudice to the other provisions contained in these terms and conditions.
4.2 All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including, without limitation, pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
4.3 Nothing in these terms and conditions shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.
4.4 Without prejudice to the other provisions of these terms and conditions, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of these terms and conditions shall be limited to the price paid for the subscription package, if such liability is in relation to the services, or to the price of the products in any single order, if such liability is in relation to the products.
4.5 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or reputation, or similar loss in each case whether direct, indirect or consequential, or for any claims for consequential compensation whatsoever (howsoever caused) which arise under or in connection with these terms and conditions.
5. GENERAL
A. WAIVER
5.1 If you breach any provision of these terms and conditions or the terms of use of our website and we ignore this, we shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach any provision of these terms and conditions or the terms of use of our website.
B. ASSIGNMENT
5.2 We may transfer and/or assign our rights or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under these terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions to any other person.
C. NOTICES
5.3 Unless stated otherwise in these terms and conditions, all notices shall be given to us by post to www.Theselect.co.uk, UNIT R10, MK:TWO Business Centre, 1-6 Barton Road, Water Eaton, Bletchley, Milton Keynes, MK2 3HU. Notices cannot be given to us by fax or email.
5.4 All notices to you from us shall be delivered by email to the registration address.
D. INVALIDITY
5.5 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of these terms and conditions and the remainder of the provision shall continue in full force and effect.
E. PRIVACY
5.6 All information that you provide about yourself to us shall be used in accordance with our privacy policy.
5.7 You acknowledge that you have read and agree to be bound by the terms of our privacy policy.
F. VARIATION
5.8 We reserve the right to unilaterally vary these terms and conditions from time to time. You should regularly check and read the terms and conditions for any updates and/or amendments. If you do not agree to any of the updates or amendments at any time you should cease to use the services.
G. THIRD PARTY RIGHTS
5.9 We and you do not intend that any provision in these terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these terms and conditions.
H. ENTIRE AGREEMENT
5.10 These terms and conditions (as amended from time to time), together with the terms and conditions of use of our website (as amended from time to time) and our privacy policy (as amended from time to time), constitute the entire agreement between you and us. You should regularly check the terms and conditions of use of our website and our privacy policy for any updates and/or amendments.
I. GOVERNING LAW AND JURISDICTION
5.11 We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.
