PS Wholesaler
Terms And Conditions
Terms and Conditions
1. Definitions and Interpretation
In this Contract:
- Affiliate: As defined in Section 435 of the Insolvency Act 1986.
- Buyer: The customer of the Seller or any party that places an order.
- Contract: This agreement, including these Terms and any further applicable terms mutually agreed in writing, plus:
- (a) The relevant Order Acknowledgement (if any); or
- (b) If no Order Acknowledgement, the terms of the relevant Order.
- Liability: As defined in Clause 6.4.
- Order: Buyer’s request to Seller for the provision of specific Products.
- Order Acknowledgement: Written communication sent by Seller to Buyer confirming the details of any supply of specific Products.
- Products: The products provided or to be provided by Seller to Buyer under this Contract.
- Seller: MX Wholesale, the trading style of Stoneygate Trading Limited, registered at Companies House in England and Wales. Company registration number: 13098182. VAT number: 440098509. Registered address: 30 The Broadway, Greenford, UB9 6PT.
2. Agreement
2.1 The terms of this Contract exclude any terms and conditions submitted, proposed, or stipulated by the Buyer. Acceptance of delivery or collection of the Products constitutes the Buyer’s unqualified acceptance of these Terms.
2.2 This Contract overrides any previous agreements, understandings, or arrangements between the parties concerning its subject matter, excluding representations not expressly stated herein, except for fraudulent misrepresentations.
2.3 This Contract constitutes the complete agreement regarding the subject matter and supersedes all prior provisions, whether oral or written.
2.4 The Contract is legally binding upon Seller’s dispatch of the Order Acknowledgement confirming the terms or (if no Order Acknowledgement) upon confirmation of Products being ready for delivery or collection.
2.5 The quantity, description, price, and delivery details of the Products are as stated in the Order Acknowledgement or, if no Acknowledgement, as otherwise agreed by Seller.
2.6 We strive to deliver products as requested; however, delivery dates are estimates, and time is not of the essence. Each delivery installment is considered a separate contract. We are not liable for late or non-delivery and may alter orders based on stock availability. You must accept delivery as per the agreed schedule and check the quantity and specifications upon receipt. Any claims for damages or delivery errors must be made within 24 hours. Damaged products must be retained for inspection.
2.7 Failure to make timely payments will result in all amounts owed becoming payable on demand, and we reserve the right to charge interest, suspend deliveries, reclaim Products, and apply administration fees.
2.8 Changes to this Contract require written agreement from both parties.
3. Shipping, Transportation, and Unloading
3.1 We ship within the UK & Ireland, with other countries by special request.
3.2 Seller will use reasonable endeavors to meet any delivery times, but these are not binding.
3.3 Partial deliveries are permitted, and Seller may invoice for each installment.
3.4 Unless otherwise agreed, delivery will be ex-works at Seller’s premises. In case of conflict, this Contract prevails over Incoterms 2000.
3.5 Delivery times are estimates unless confirmed in writing. Shipping costs will be calculated after your order is collected and weighed. The minimum carriage charge is £9.99 for DPD Standard Delivery. The Customer must provide accurate delivery information and be available to sign for deliveries. Failure to accept delivery may result in storage fees.
3.6 Unloading of goods is the Customer’s responsibility. Delays in unloading do not warrant compensation.
3.7 Signing the delivery note confirms receipt and acceptance of goods.
4. Carriage of Liquids
Claims for damaged liquid products are only accepted if pallet delivery is requested, due to the fragile nature of these items.
5. Conclusion of Contract and Prices
Clicking “confirm order” submits a binding offer for the products in your cart. Confirmation of your order does not constitute acceptance. The contract is concluded upon delivery of the products. Prices are in Sterling and exclusive of VAT, which will be added to the final invoice.
6. Cancellation Rights & Right to Return Goods
You may cancel your order under the following conditions:
- Before Dispatch: A charge for warehouse restocking applies (£25.00 or 20% of total invoice value, whichever is greater).
- After Dispatch: You will incur delivery charges and restocking fees.
You have 14 days post-receipt to return goods. Items must be new, unused, and in original packaging. Customized products are non-returnable. A valid return form is required, obtainable by contacting us.
Refunds will be issued to the original payment method. Certain products, including consumables, unsealed items, and those marked non-refundable, are excluded from refunds.
Here’s the updated document with the specified company details:
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**Contact Information:**
**Company:** Compare The Suppliers Limited
**Phone:** +44 300 373 0977
**VAT Registration Number:** 440058909
**Address:** 30 The Broadway, Greenford, UB9 6PT
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### 6. Warranty and Liability
The warranty is subject to the legal regulations of the UK. If the object of sale has a defect, we will remedy the defect or replace the object. In the event that the remedial measures or the replacement delivery fails, the contract will be amended at the sole discretion of Compare The Suppliers Limited.
Unless expressly provided in these Terms, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The Company makes no warranty as to the fitness of the Goods for any particular purpose even if that purpose is stated in the Customer’s Order. The Customer must satisfy themselves as to the fitness of the Goods for the purpose for which they are intended.
Where any valid claim in respect of the Goods is made by the Customer, the Company shall be entitled to replace or repair the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the Price of the Goods (or a proportionate part of the Price). The Company shall have no further liability to the Customer.
Seller does not exclude or limit its Liability for:
– Supply of a defective Product, to the extent that it is not possible to exclude or limit its Liability under Part I of the Consumer Protection Act 1987; or any other Liability which cannot be excluded or limited by applicable law.
Subject to the above Clause, Seller shall not have any Liability in respect of any:
(a) indirect or consequential losses, damages, costs, or expenses;
(b) loss of actual or anticipated profits;
(c) loss of contracts;
(d) loss of use of money;
(e) loss of anticipated savings;
(f) loss of revenue;
(g) loss of goodwill;
(h) loss of reputation;
(i) loss of business;
(j) loss of operation time;
(k) loss of opportunity; or
(l) loss of, damage to, or corruption of data;
whether or not such losses were reasonably foreseeable or Seller or its representatives had been advised of the possibility of the losses being incurred. For the avoidance of doubt, (b) to (l) apply whether the losses are direct, indirect, consequential, or otherwise.
Seller shall not have any Liability for loss of or obvious damage to Products in transit or on delivery to the point of delivery unless Buyer informs the carrier immediately and Seller within 5 days, and in any event notifies Seller in writing within 7 days:
– after the expected date of delivery or receipt that it has not received the Products; or
– after receipt that the Products are damaged.
No warranty conditions or other terms as to quality, quantity, or fitness for any purpose of the goods delivered under this contract with the Company are given or accepted. In any event, the liability of the Company shall not exceed the total contract price.
We limit our liability to the maximum extent permitted by law as follows: (i) In respect of all Products supplied by us, our liability shall be limited to Products consumed up to and including the “Best Before” or “Use By” date; (ii) our liability shall be limited at our option to replacing the whole or part of any Products found to be defective or refunding or crediting the limited. We shall have no liability for any loss or damage suffered by any person:
(a) as a consequence of any defect in any Product caused by abnormal storage conditions. This means the storage conditions need to be fit for purpose in meeting recognized standards of hygiene, housekeeping, and pest management. In addition, we are not liable if storage temperatures are not appropriate to the Product (ambient, chilled, frozen) or if there is any abnormal treatment or handling or any negligence or other wrongful act on your part or that of your employees or agents;
(b) for claims for damage reasonably apparent on inspection at the time of delivery or for short delivery unless you have complied with the conditions of clause 3;
(c) for claims in respect of defects not readily identifiable on proper inspection, unless you notify us in writing within three months of delivery of the Products to you with full particulars of the complaint supported by reasonable evidence that the Products have not been tampered with nor been incorrectly stored; Any allegedly defective Products must be retained and made available to us for inspection and collection;
(d) for any claim arising on an invoice issued more than three months before the date upon which such claim is received by us;
(e) for any loss of profit, loss of sale, loss of goodwill, loss of reputation, loss of customers, and any other similar losses caused by our negligence or other wrongful act on our part or that of our agents or employees; and
(f) any failure to perform any of our obligations in the Conditions where such failure is caused by any circumstances beyond our reasonable control. If a third party notifies you of any claim, you must immediately notify us in writing of all information available regarding the nature and extent of any such claim and you must allow us to deal with it. You must take any steps possible to mitigate any loss or damages suffered, must not admit liability, and must take any reasonable steps as we may direct. We will not accept responsibility for any representations or payments made by you to any party in settlement of any such claim nor will we pay any handling or administration charge which we have not agreed in writing in advance.
### 7. Reservation of Title
Any goods delivered or collected shall remain our property until they have been paid for in full.
7.1 Notwithstanding delivery, title to and ownership of the Products shall not pass to Buyer until Payment. Payment is when:
– 7.1.1 Seller has received in full (in cleared funds) all sums due to it in respect of the Products;
– 7.1.2 Seller has received in full (in cleared funds) all other sums which are or which become due to Seller from Buyer on any account; and
– 7.1.3 Seller and Seller’s Affiliates have received in full (in cleared funds) all other sums which are or which become due to Seller and Seller’s Affiliates from Buyer and Buyer’s Affiliates on any account.
7.2 Until Payment, Buyer shall:
– 7.2.1 Hold the Products on a fiduciary basis as Seller’s bailee;
– 7.2.2 Hold the Products in good, saleable condition;
– 7.2.3 Keep the Products fully insured with a reputable insurance company for the full price against all risks of loss or damage from the time when risk passes to the Buyer until the property passes. On request, Buyer shall produce the policy of insurance to Seller. If the Products are lost, damaged, or destroyed, Buyer shall hold the proceeds of insurance for and to the order of Seller pending Payment;
– 7.2.4 Keep an up-to-date list of the location of Seller’s property and present this to Seller upon request; and
– 7.2.5 Store the Products separately from other goods or in any way so that they remain readily identifiable as Seller’s property.
7.3 Buyer may resell the Products before Payment solely on the following conditions:
– 7.3.1 Any sale shall be effected in the ordinary course of Buyer’s business at full market value;
– 7.3.2 Any sale shall be a sale of Seller’s property on Buyer’s behalf and Buyer shall deal as principal when making the sale;
– 7.3.3 Buyer shall keep the proceeds of sale separate from any money or property of Buyer or third parties; and
– 7.3.4 Buyer shall still be responsible for paying the full value of the Payment.
7.4 Seller may at any time until title passes under this Clause 4 without notice recover possession of the Products which are the property of Seller. Seller may also require Buyer at Buyer’s cost, within three days of Seller’s request, to deliver up to Seller or make available to Seller for collection from a single accessible collection point as Seller requires all Products which are the property of Seller. Buyer hereby grants to Seller and its agents, staff, officers, employees, and contractors an irrevocable license to enter to recover possession of the Products any premises then occupied by or in the ownership or possession of Buyer or Buyer’s customer. Buyer shall indemnify Seller against all claims, losses, damages, liabilities, costs, and expenses so arising in exercising its rights under this Clause.
7.5 Seller may recover payment for the Products notwithstanding that ownership of any Products has not passed from Seller.
7.6 On termination of this Contract, howsoever arising, Seller’s rights contained in this Clause 4 shall remain in effect.
### 8. Content
Compare The Suppliers Limited makes no representations about the suitability of the content, material, or information contained in the pages, documents, downloads, and graphics published on the websites (“Content”) for any purpose. All Content is provided on an “as is” basis without warranty of any kind. Compare The Suppliers Limited hereby disclaims all warranties and conditions about the Content, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title, and non-infringement.
While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free. The Content could include technical inaccuracies, and typographical, or photographic errors (all images are used for display purposes only). We endeavor to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions. Changes are regularly made to the Content. Compare The Suppliers Limited may make improvements and/or changes to the Services and/or the
Here’s the updated text with your specified company details:
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### 10. Privacy
All information needed for processing your order is transmitted through a secure connection using 128-bit SSL encryption. The personal data provided by you at the beginning of, or during business dealings shall be processed and stored in compliance with the provisions of the UK Data Protection Act. You are entitled to have your data deleted or corrected at any time. Please contact info@comparethesuppliers.co.uk or send us your request in writing by mail. Personal data shall not be passed on to third parties, except for our service partners who require the transmission of data for handling your order (e.g., parcel service or bank). In these cases, the passing of data is limited to the necessary minimum.
We may use the information provided by you for all purposes reasonably necessary to properly regulate business dealings between us in relation to these Conditions, including, but not limited to, recording this information, updating our records, credit referencing, and supplying your details to a credit reference agency (which will retain information for their own use) for credit ratings and tracing purposes in the event of your default. By placing an order with us, you consent to our processing of your personal data for the purposes stated above.
### 11. Minimum Amount for Your Orders
We have reduced our minimum order from £500 to £1. We are open to the public, so there is no need to order trade accounts with us. You are welcome to open an account for FREE, or you can order straight away and check out as a guest!
### 12. Final Clauses
If one or several of these terms of business are invalid wholly or in part, this shall not affect the validity of the remaining provisions. Invalid terms are replaced by the regulations provided by law. By placing an order, you declare your agreement with our trading conditions. Deviating conditions require our written agreement.
### 13. Risk and Title of Goods
Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery to the address provided by the Customer to Compare The Suppliers Limited when the order is placed, or some other address as may be agreed between the parties from time to time.
Title of the Goods shall not pass to the Customer until Compare The Suppliers Limited has received in full in cleared funds all sums due to it in respect of the Goods and all other sums which are or which become due to Compare The Suppliers Limited from the Customer on any account.
Until such time as the title in the Goods passes to the Customer, if Goods are destroyed by an insured risk prior to the same being paid for by the Customer, the Customer shall receive the proceeds of any such insurance as trustee for Compare The Suppliers Limited.
Risk of loss passes to the Customer upon delivery (or collection), provided that where delivery or collection is delayed due to the Customer’s fault, risk shall pass at the date when delivery or collection would have occurred but for the Customer’s delay.
If delivery is delayed through the Customer’s fault or unreasonable delay in taking delivery, then (subject to Clause 6) Compare The Suppliers Limited shall not have any liability as a result, and may (without prejudice to any other right or remedy available) do all or any of the following:
– Sell the Products for Compare The Suppliers Limited’s account;
– Cancel this Contract regarding any Products that remain to be delivered or performed;
– Charge a reasonable storage fee for the Products; and
– Require the Customer to indemnify Compare The Suppliers Limited for any resulting losses, liabilities, costs, charges, and expenses.
Where Products are intended for outside the UK, the Customer shall be responsible for complying with all applicable laws, regulations, and codes of practice governing the importation and use of the Products in the country of destination and for paying any duties or levies.
### 14. Termination
This Contract may be terminated with immediate effect by giving notice to the other party if:
(i) the other party fails to pay the amount due under this agreement or on the agreed due date for payment, remaining in default not less than 7 days after being notified to make such payment;
(ii) the other party commits a material breach of any other term of this agreement and fails to remedy that breach within 7 days after being notified to do so;
(iii) the other party suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due;
(iv) the other party commences negotiations with creditors to reschedule any debts, or makes a proposal for or enters into any compromise with creditors;
(v) a petition is filed, a notice is given, a resolution is passed, or an order is made for the winding up of that other party;
(vi) an application is made to the court for the appointment of an administrator or a notice of intention to appoint an administrator is given.
The termination of this Contract is without prejudice to the rights, duties, and liabilities of either party accrued due before termination. The provisions in this Contract that expressly or impliedly have effect after termination shall continue to be enforceable.
### 15. Compliance
If Compare The Suppliers Limited is subject to a request, court order, or other directive of a governmental or regulatory authority to withdraw any Goods from the market (Recall Notice), it shall immediately notify the Customer in writing enclosing a copy of the Recall Notice. The Customer agrees to undertake a product recall or withdrawal by Compare The Suppliers Limited’s instructions.
### 16. Discrepancies
While every care has been taken to ensure that all product details, including descriptions, sizes, quantities, and images, are correct at the time the relevant information was entered, we cannot guarantee that the information will always reflect data exactly at the moment you place an order. When you receive goods, you should always read the product label and not rely solely on the information provided on the website or documentation. It is your responsibility to check the quantity and quality of your order and notify us in writing within 2 working days (from the date of receiving the goods) if there are any discrepancies. Although product information is regularly updated, Compare The Suppliers Limited is unable to accept liability for any incorrect information. This does not affect your statutory rights.
### 17. Cautions
It is an offense to sell knives and similar sharp objects to anyone under the age of 18.
It is a criminal offense to sell intoxicating substances, including lighter refill fuel, cigarette papers, and smoking paraphernalia to anyone under the age of 18.
Some products that contain paracetamol and ibuprofen are restricted to 3 packets per customer.
It is a criminal offense to sell solvent-based products (e.g., aerosol paints) to anyone under the age of 16.
It is a criminal offense to sell liquor chocolates to anyone under the age of 16.
It is a criminal offense to sell products containing explosives; this includes caps, throw-downs, matches, party poppers, and crackers to anyone under the age of 16.
### 18. Force Majeure
18.1 Compare The Suppliers Limited shall not have any liability for any breach, hindrance, or delay in performing this Contract attributable to any cause beyond its reasonable control, including any act of God, actions or omissions of third parties, insurrection, riot, war, hostilities, national emergencies, terrorism, and other similar events.
18.2 Each party agrees to inform the other upon becoming aware of an Event of Force Majeure, providing details of the circumstances.
18.3 Each party’s obligations shall be suspended during the period that the circumstances persist.
18.4 If the Event of Force Majeure continues without a break for more than two months, either party may terminate this Contract immediately by notice to the other, in which event neither party shall have any liability because of such termination.
### 19. Notices
Any notice required or authorized to be given under this Contract shall be in writing and may be served by personal delivery, recorded delivery letter, overnight courier, or facsimile addressed to the relevant party at its address stated in this Contract.
### 20. No Sale or Return
We do not offer our products on a “Sale or Return” basis, and you must sell the products before any “Use By” or “Best Before” date.
### 21. Intellectual Property Rights and Other Legal Requirements
21.1 Intellectual property rights include trademarks, design rights, copyrights, and patents.
21.2 The Supplier guarantees that the delivered goods are not counterfeit or pirated goods and that they are produced with sufficient permission of the proprietor(s) of all intellectual property rights used in or on the goods.
### 22. General
If any clause or sub-clause is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of any other clause, which shall remain in full force and effect.
This Contract shall be governed by and construed by English law, and the Buyer submits to the jurisdiction of the English courts.
By placing an order with us, you confirm that you are doing so in the course of business and have the authority to bind any business on whose behalf you place an order.
By placing an order with us, you confirm your agreement to our terms and conditions, which are subject to change.
By placing an order, you acknowledge that you are fully aware of these Conditions and are offering to contract based on them. All orders bind us only when accepted, subject to the availability of stocks. Our price list is not an offer and any current price list replaces all previous price lists.
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