Terms and Conditions
Terms of website use
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website brands365.co.uk brands365.co.uk (“our site”). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.Information about us
Brands 365 is a new membership website that enables buyers and sellers to connect with each other then trade goods. We enable surplus, end of the line, over ordered, bankrupt or end of season container stock to be traded easily and safely. brands 365 enables trading to take place directly online with buyers or sellers you have never has been able to reach before. It's risk free, eliminates 3rd party warehousing costs, is a distribution centre bypass mechanism, doesn't require credit terms and eliminates the costs and frustrations associated with letters of credit.Membership
Membership is £240 per annum
Continuous Membership
Membership is paid annually. You can make payments with Visa, MasterCard, and debit cards such as Switch, Solo and Visa debit. On your anniversary date, your membership will automatically roll over.
Cancellation Policy
Membership may be terminated at any time provided that brands365 is given 30 days written notice.Accessing our site
Access to our site is permitted on a temporary basis only to business/trade customers, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.If you choose to join, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Where you buy any product from a Supplier (as defined below) through our site, the Supplier’s individual liability will be set out in the Supplier’s terms and conditions.
Transactions concluded through our website
We act as an agent for retailers, importers, manufactures and designers (each a ‘Supplier’) who are offering for sale via our site products which are discounted from their recommended retail price. Any contract for the supply of goods entered into pursuant to an offer or bid submitted by you will be between you and the Supplier who is offering the relevant product. The Supplier’s terms and conditions can be viewed on our website within the relevant product detail. You should carefully review the Supplier’s terms and conditions applying to the transaction. If you do not agree to be bound by the Supplier’s terms and conditions you should refrain from making any Bids (as defined below).In particular, should you choose to re-sell stock before receiving it, you do so at your own risk.
By placing an offer or Bid through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are a trader and/or business (whether a limited company or not) and are not a consumer; and
You have read the Supplier’s terms and conditions and agree to be bound by them.
Please note, the recommended retail price given is an estimate and may not be accurate as many of the goods sold via our site are not sold to consumers in the same form as sold via our site.
Bidding
In this clause:‘Bid(s)’ shall mean the irrevocable offer by you to purchase the goods at the Price, such an offer being made either verbally or by electronic means by email or through our site, on the condition that this Bid exceeds any reserve Price and meets any other conditions of the relevant auction or sale. For clarity this will mean the same for sales by auction as it does for immediate ‘Buy It Now’ type sales made through our site;‘Price’ shall mean the price for the goods in pounds sterling and excluding carriage and VAT at the prevailing rate unless otherwise specified.
By placing a bid on an auction you are entering into a legal contract to buy the stock at any value, up to the maximum value of your bid. Bids are final and binding and may not be withdrawn. Failure to make payment within the specified timeframe will result in a penalty charge and may result in deactivation of your account.
The winning Bid in any auction will be the highest Bid that exceeds any reserve and meets any other conditions of the relevant auction. If a Bid you make is followed by a higher Bid by another bidder that is later removed by us for any reason, it shall be open to us to accept your earlier Bid.
Where the Supplier offers goods for sale on a ‘Buy It Now’ basis then you are able to purchase these goods at the price offered by the Supplier at that exact point in time.
Bids must be made in increments as defined by us from time to time.
We may also place Bids on your behalf at your request up to a maximum level set by you.
We reserve the right to close auctions or sales early or to extend auctions and sales at any time and at our discretion. We do not guarantee that Bids received will be processed and do not accept any liability for any direct or indirect loss so caused. Auctions or sales may also be cancelled or listings withdrawn because of technical difficulties experienced by us, our partners or agents or due to technical issues experienced on the Internet.
Winning
We shall notify a winning Bid by email to you. A shipping cost is determined and an invoice is generated and emailed to you to include this charge.The shipping rate determined by the Supplier will be as per the shipping charges detailed on the product description relating to the goods. These charges will appear on our invoice to you.
Payment
Each auction is conducted in GBP (£) and payment can only be accepted in GBP (£).You must make the appropriate payment to us within 6 hours of committing to buy a listing.
If payment is not received within 6 hours, the goods will be re-auctioned or otherwise disposed of by us. In this eventuality your account will be suspended indefinitely. In addition you will also be invoiced for a re-stocking fee of £10.00 + VAT per lot and be liable for any loss or consequential loss to the Supplier resulting on a re-sale of any items in question.
brands365.co.uk operates a “Make an Offer” functionality. If a buyer’s offer is accepted, the buyer has 24 hours to make the payment.
Any applicable VAT shall be applied at the prevailing rate on the date of invoice.
Title in the goods remains with (and goods remain the property of) the Supplier until full cleared funds are received.
In the event that stock you have purchased is not available from the vendor, a full refund for the purchase price will be issued. Under no circumstances will additional compensation be offered.
Dispatch
The goods will be delivered to you or collected by you as set out in the Supplier’s applicable terms and conditions or as otherwise set out in the applicable product description.Where you collect the goods it is your responsibility to ensure that you have a suitable vehicle with which to do so. You agree that you will be responsible for loading the vehicle and we or the Supplier cannot accept any liability for any damage to the goods which occurred after the goods were made available for collection. The Supplier may require you to sign an acceptance/collection document when you collect the goods. Other conditions concerning the collection or delivery of goods can be found in the product description or the Supplier’s terms and conditions.
Rejection
Goods may only be rejected if they are faulty or do not match the product description given on our site. The Supplier will examine the returned goods and we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 7 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund for the delivery charges for sending the item to you (if any). However, you will be responsible for the cost of returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Where the Supplier deems (at its sole discretion) that the goods are not faulty and/or that they did match the product description you will not be entitled to a refund and you will be required to collect the goods from the Supplier at your cost. If you fail to collect the goods within 7 days of being notified that you are not entitled to a refund, the Supplier will be entitled to dispose of the goods and the Supplier shall be entitled to charge you for the cost of such disposal.Compliance
We reserve the right to monitor our site and any material on it at our sole discretion to ensure that the service offered by us remains in accordance with any and all consents, authorisations, laws and governmental regulations.We may in our absolute discretion refuse or remove Bids or remove from sale or re-offer for sale listings in respect of which there is a dispute or which fail to draw Bids above the reserve.
We are entitled, without any liability or giving any advance notice to terminate any auction or sale and/or your registration or participation in any particular auction or sale. We have no obligation to offer any of the auctions or sales to you, or at all, where it appears reasonable to us to do so.
The following safety test must be carried out on goods purchased by you from the Supplier prior to use or resale.
Mobile Phones
As soon as reasonably possible after collecting or taking delivery of the mobile phones and in any event before selling or otherwise disposing of the goods, you shall:Unlock any mobile telephone handsets comprised in the goods, where unlock codes are provided by the network provider;
Remove any network provider branding from the mobile phones and from any packaging or other material associated with the goods, unless stated otherwise;
Remove any network provider software loaded on any mobile handsets comprised in the goods, unless stated otherwise;
Delete any customer data, including stored names and telephone numbers, from any mobile handsets comprised in the goods.
It is fundamental to the conditions of sale that the relevant checks are carried out, and any remedial work is carried out to the relevant standards, and that they are satisfactory prior to resale by you.
All goods sold to you are sold on the express understanding that they are sold to you by the Supplier without any guarantee as to fitness for purpose and on the express understanding that you will ensure that the goods are made safe and are serviced, to relevant laws and standards, before resale to any party. No warranty whether expressed or implied by law will attach to any such sale.
Uploading material to our site
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
Viruses, hacking and other offenses
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
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 our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
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.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.IP Addresses and Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Indemnity
You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or negligent performance or non-performance of these terms and conditions or the Supplier’s terms and conditions (as applicable).
Import Duty
If you facilitate goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
