Quote My Goods Limited – Terms and Conditions
Last Updated: 03/12/2020
1.1. This document tells you information about us and the legal terms and conditions (“Terms”) on which we make our price comparison and marketplace services (“Services”) available to you on our website: www.quotemygoods.com (“Website”) and any associated digital platform which may be released by us from time to time.
1.2. The Services allow you to either list goods (“Goods”) for sale (as a “Merchant”), or to purchase Goods listed on the Website by other Merchants (as a “Contractor”).
1.3. The Terms apply to your use of the Services as a Merchant and a Contractor. Where parts of these Terms only apply to a Merchant or a Contractor it shall be expressly stated as such. Save for as set out in the foregoing the entirety of the Terms shall apply to you.
1.4. Please read these Terms carefully before using the Services. By visiting the Website and/or using the Services you agree to be bound by these Terms, as well as any general terms and conditions of use or policies, which may be published on the Website from time to time.
2. CONTRACT PARTIES
2.1. “We”, “us”, “our” is Quote My Goods Limited a company registered in England and Wales under company number 08722842 with our registered office at 67 Westow Street, Upper Norwood, London, England, SE19 3RW.
2.2. “You”, “your” is the person who visits the Website and/or uses the Services or who that person is acting on behalf of. Where a person is acting on behalf of a company, partnership or other organisation it confirms that it is authorised to bind that organisation to these Terms.
3. HOW TO CONTACT US
3.1. When we refer, in these Terms, to “in writing”, this will include e-mail, but not fax.
3.2. If you have any questions about these Terms these should be sent to us at firstname.lastname@example.org or by mail at 67 Westow Street, Upper Norwood, London, England, SE19 3RW. If we have to contact you, we may do so by telephone, or by writing to you at the e-mail address or postal address you provided to us in your order and/or at the time that you registered to use the Website.
4. SCOPE OF THE TERMS
4.1. The Services enable Merchants to list and sell Goods on the Website and for Contractors to use the price comparison tools available on the Website and/or to purchase Goods on the Website.
4.2. As the provider of the Services, we do not own, create, sell, resell, provide, control, manage, offer, despatch, deliver or supply any Goods. Merchants alone are responsible for their Goods. When an order for Goods is accepted, a Contractor is entering into a contract directly with a Merchant for the purchase and sale of Goods. We are not and do not become a party to any contractual relationship for the purchase and sale of Goods between a Contractor and a Merchant, including any additional services a Merchant may offer to a Contractor in respect of the Goods.
4.3. You acknowledge and expressly agree that any sales of Goods made using the Services shall be trade sales (or business to business sales). If you are a Contractor, you accept that you are purchasing Goods for purposes that are wholly or mainly within your trade, business craft or profession and are accordingly not deemed as a consumer for purposes of applicable consumer law.
4.4. We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may cease your use of the Website. Your continued use of the Website will constitute acceptance of the revised Terms.
5. ACCOUNT REGISTRATION
5.1. You must register an account (“Account“) to access and use some of the Services, such as listing or purchasing Goods. You represent and warrant that you have the authority to legally bind any person or entity that is assigned as the owner of the Account.
5.2. You must provide accurate, current and complete information during the registration process and keep your Account information (including payment and billing information) up to date.
5.3. You agree that you will be solely responsible for all activity that occurs under your Account and you agree to maintain the security and secrecy of your Account username, password and Account information. You must notify us immediately of any breach of security or unauthorized use of your Account that you become aware of.
6. COMPARISON WEBSITE SERVICES
6.1. Where you issue a price comparison request for Goods using the Services, we shall provide you with a list of prices offered by Merchants for the requested Goods. Where you have requested more than one type of Good, we may combine offers from multiple Merchants in respect of individual Goods in order to provide you with the cheapest price for the requested Goods.
6.2. Although we use all reasonable endeavours to find the cheapest price available to you based on the information available to us, we provide no guarantee that there are not cheaper prices available for the Goods from the Merchants or elsewhere.
7.1. By placing an order you are making an offer to the Merchant to purchase Goods. After you place an order for Goods, upon receipt of a booking confirmation from us in respect of your order a legally binding contract is formed between you and the Merchant subject to any additional terms and conditions of the Merchant that apply to the sale of Goods, including in particular the applicable refund and cancellation policy. We recommend that you print a copy of that order confirmation for your records.
7.2. If a Merchant is unable to accept your order, for example because that Good is not in stock or no longer available, we will inform you of this by e-mail. If you have already paid for the Good, we will refund you the full amount including any delivery charges, as soon as possible.
7.3. We will assign an order number to your order and tell you what it is when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
7.4. To place an order, you must be above the age of 18. If you are younger than 18, we ask that you let a parent or legal guardian place your order. If it comes to our attention that an order has been made by a person under the age of 18, we reserve the right to decline it.
8. PRODUCT INFORMATION
8.1. You understand and accept that product images, descriptions, specifications, pricing information and other information displayed on the Website regarding the Goods have been provided to us by Merchants. It is each Merchant’s responsibility to ensure the information on the Website concerning its listed Goods is and remains accurate and up to date. We shall not be responsible or liable for any losses arising from or in connection with misinformation caused by a Merchant.
9. PRICE, COMMISSION AND PAYMENT
9.1. Merchants shall have sole discretion to set or change the prices of their Goods. The price payable by you for the Goods including the Goods price, our Commission (as defined in clause 9.2) and taxes shall be identified during the checkout before an order can be submitted. This price does not include charges which may fall due under clause 10.4.
9.2. You agree to pay us a commission on the Goods price (“Commission”) as consideration for our provision of the Services. The amount of Commission will be identified during the checkout before an order can be submitted. As our Commission is in consideration for making the Services available to you and facilitating transactions for the sale and purchase of Goods, the Commission is non-refundable even where the Merchant agrees to refund you for the Goods for any reason. The Commission is inclusive of VAT or other sales taxes (where applicable).
9.3. Full payment is required on acceptance of the order. You can pay via your Account using the payment information provided through our chosen payment processor, via Stripe, or any other payment methods which we may add to the Services from time to time. Use of any third party payment services to purchase Goods will be subject to their terms and conditions (including payment of any transaction fees).
9.4. You agree to provide current, complete and accurate purchase and account information for all purchases made using the Services. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
10.1. Delivery of the Goods are managed by and is the sole responsibility of the Merchant. Delivery costs may vary depending upon the agreed delivery method and which Merchant is delivering the Goods.
10.2. The cost of delivery will always be shown to you before you submit your order.
10.3. During the order process we will use reasonable endeavours to let you know when the Merchant aims to deliver the Goods. Any dates provided by us are simply estimates given in good faith based on the shipping method agreed with the Merchant. For the avoidance of doubt, such dates are only approximations and we are not under any circumstances bound by them.
10.4. You understand that if Goods are to be delivered to an address outside of the UK that the order may be subject to customs charges, import taxes or duties and/or other analogous levies and taxes. You accept that Goods may be held by its local customs authority until such sums are paid by you.
11. LISTING CONDITIONS
11.1. When listing a Good for sale, you hereby acknowledge and agree that:
(a) you are responsible for the accuracy, content and legality of the Goods listed and agree to list in accordance with any policies which we may introduce from time to time;
(b) any images, descriptions specifications, pricing information of any Goods must be accurate and up to date;
(c) it is your responsibility to notify Contractors of your cancellation and refund policy;
(d) you must clearly list the price of the Goods and state whether the price includes taxes and other charges;
(e) you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to the sale of your Goods. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to any failure to provide a valid VAT registration number and/or any failure to pay any such taxes, penalties or interest;
(f) we have complete discretion as to the placement, visibility and/or appearance of Goods listings to Contractors using the Services. We may block any listing from view in order to protect our legitimate business interest and drive a positive user experience. We may introduce policies from time to time that may determine or otherwise influence the placement, visibility and/or appearance of Goods listings; and
(g) you are permitted to offer your own additional services in respect of the Goods (such as guarantees or assembly and installation services) provided you do so in accordance with these Terms and applicable laws. You are solely responsible for providing these additional services to the Contractor under a separate contract which we are not a party to.
12. MERCHANT RESPONSIBILITIES
12.1. You understand and agree that:
(a) The Goods you have listed using the Services are of high quality and are free from defects;
(b) You shall use all reasonable endeavours to deliver the Goods to Contractors on time;
(c) You are solely responsible for all aspects of the sale, supply, fulfilment and delivery of any orders for Goods which you have listed on the Website;
(d) You must notify us immediately if after accepting an order to provide Goods you can no longer sell the Goods so that we can inform the Contractor; and
(e) You will not hold yourself out as acting for or representing us in any way during your communications with Contractors or any third party nor will you have authority to bind us to any part of the contract for the sale of Goods with any Contractors.
13.1. You acknowledge and accept that we will charge Contractors a Commission for providing the Services.
13.2. The total transaction amount (including VAT and any other applicable taxes or tariffs) paid by the Contractor in respect of your Goods shall be collected by us (or our third party payment processors) and you hereby authorize us to deduct:
(a) any taxes or tariffs due in respect of the provision of the Services (including any VAT applicable to the Commission); and
(b) any other payments due to third parties (including banking fees) in respect of the transaction.
13.3. We shall remit the remaining balance to you after the applicable deductions have been made within 8 working hours of receipt via bank transfer using the payment information saved on your Account. You are solely responsible for your statutory obligations regarding any VAT or other taxes applied in respect of the sale of the Goods and you hereby indemnify us against any liabilities, losses, damages, costs or expenses which we incur or suffer arising from or in connection with your tax obligations in respect of the sale of the Goods.
13.4. We may at any time without notice to you set off any liability of you to us against any liability of us to you, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms.
14.1. References to liability in this clause 15 includes every kind of liability arising under or in connection with the Terms including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
14.2. Nothing in these Terms limits or excludes our liability for any liability that cannot be limited by law.
14.3. Subject to clause 15.2, we will not be liable for any loss of profits, sales, business or revenues; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
14.4. Subject to clause 15.2, our total liability to you arising under or in connection with these Terms or the provision of Services to you will in no circumstances exceed the total value of Goods sold or purchased using the Services.
14.5. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused or contributed by any act or event beyond our reasonable control (each an “Event Outside Our Control”).
15. ACCESS TO THE SERVICES
15.1. We may temporarily or permanently restrict or block your access to the Services where:
(a) you breach these Terms and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Terms;
(c) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under these Terms has been placed in jeopardy;
(d) we wish to cease the provision of the Services; or
(e ) we believe it is necessary in order to protect our legitimate business interests.
16. DISPUTES BETWEEN CONTRACTORS AND MERCHANTS
16.1. As we are not the Merchant, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of the Goods, the truth or accuracy of any picture or description of the Goods, or any other content made available by Merchants, the ability of Merchants to sell Goods, the ability of Contractors to pay for them or whether a Contractor or Merchant will actually complete a transaction or return the Goods, and we have no liability in this respect.
16.2. If there is a dispute between Merchant and Contractors, we are hereby released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You shall indemnify us and our connected parties against any losses, damages, expenses, costs, liabilities or claims we may suffer or incur arising out of or in connection with any such disputes.
17. OTHER IMPORTANT TERMS
17.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.
17.2. These Terms do not give rise to any third party rights under the Contracts (Rights of Third Parties) Act 1999.
17.3. Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
17.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5. You agree that these Terms and any dispute that arises between you and us shall be exclusively governed by the law of England and Wales and that all disputes related to these Terms will be subject to the exclusive jurisdiction of the Courts of England and Wales.