Terms of service

OVERVIEW

Gloveswholesale.co.uk is owned and operated by THE MARKUP GROUP (Company No. 03574789) (“we”, “us”, “our”, or the “Seller”).

These terms and conditions (“Terms of Service”, “Terms”) govern your use of our website and all sales of goods made by us through this website to business customers only.

By accessing our website and/or placing an order, you:

confirm that you are acting in the course of a business, trade or profession and not as a consumer; and
agree to be bound by these Terms and any policies referred to in them (including our Returns Policy and Privacy Policy).

If you do not agree to these Terms, you must not use this website or place any orders.

We may amend these Terms from time to time by updating this page.

ONLINE STORE TERMS (B2B ONLY)

By using our website and/or placing an order, you confirm that:

you are at least 18 years old;
you are acting for and on behalf of a business; and
you have authority to bind that business to these Terms.

You must not use our products or services for any illegal or unauthorised purpose and you must not, in using the website or our services, violate any applicable laws or regulations.

You must not transmit any worms, viruses or any code of a destructive nature.

We may suspend or terminate your access to the website and/or our services immediately if you breach these Terms.

GENERAL CONDITIONS

We reserve the right to refuse service or supply to any person, business, geographic region or jurisdiction at any time, for any lawful reason.

You understand that your content (excluding payment card information) may be transferred unencrypted and may involve:

transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.

Payment card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or service without our express written permission.

Section headings are for convenience only and do not affect interpretation.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this website is provided for general information only. While we try to keep information accurate and up to date, we do not warrant that it is accurate, complete or current.

Any reliance on the material on this site is at your own risk. You should verify any information before relying on it as the sole basis for making business decisions.

This site may contain historical information which is provided for reference only. We are under no obligation to update any information on our site, but may do so at our discretion.

You are responsible for monitoring changes to our website.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the website, the services, or any part of their content at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the website or services, except as required by law.

PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and will be subject to our Returns Policy.

We make reasonable efforts to display the colours and images of our products accurately. However, we do not guarantee that your device’s display of any colour will be accurate.

We reserve the right (but are not obliged):

to limit the sale of our products or services to any person, business, region or jurisdiction;
to limit quantities of any products or services that we offer;
to change product descriptions or pricing at any time without notice; and
to discontinue any product at any time.

Any offer for any product or service on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased from us will meet your expectations, or that any errors in the website or service will be corrected, except as required by law.

For products that have an expiry date, we guarantee a minimum of 3 months remaining before the manufacturer’s expiry date at the time of dispatch, unless expressly stated otherwise.

ORDERING AND CANCELLATIONS

Formation of contract

When you place an order on our website, this constitutes an offer to purchase goods from us. We may accept or decline your order at our discretion. A binding contract is formed only when we:

issue an order confirmation; or
dispatch the goods,

whichever occurs first.

We reserve the right to refuse or cancel orders, including where:

products are unavailable;
pricing or product information errors occur; or
we reasonably suspect fraud, misuse or resale not authorised by us.

Order cancellations (B2B)

Because we process orders quickly, cancellation requests are not possible once the shipping label has been generated.

Before a shipping label is generated, we may at our discretion attempt to accommodate a cancellation or amendment request, but we do not guarantee that this will be possible. You accept that:

we are not liable if we are unable to intercept or amend an order in time; and
any cancellation or amendment that is accepted may be subject to additional charges and/or revised delivery times.

If an order cannot be cancelled and you no longer require the goods, you may request a return in accordance with our Returns Policy. Restocking fees and deductions for outbound/return carriage may apply.

DELIVERY

Unless otherwise agreed in writing, you must accept delivery of goods when we or our carrier notify you that they are ready for delivery.

Standard delivery window

Unless otherwise stated, deliveries are made Monday to Friday between 9:00am and 6:00pm (local time for the delivery address).

If your business is closed outside certain hours, it is your responsibility to choose an appropriate delivery address and/or provide suitable delivery instructions in advance.

Special delivery instructions (barriers, security & access)

For properties with security or barrier systems, gates, intercoms or restricted access:

you must provide clear and accurate special delivery instructions at the time of ordering; and
ensure that access will be available during the normal delivery window.

If delivery fails because our carrier cannot gain access and the shipment is returned to us:

the return will be processed in line with our Returns Policy;
a restocking fee may be applied; and
items will not be automatically resent. If you still require the goods, you may need to place a new order and pay any applicable delivery charges.

Failure to take delivery

If you fail to take delivery at the time required by the contract (for example, no one is available to receive the goods, or delivery is refused):

we may treat the contract as ended and resell the goods; or
we may invoice the goods as delivered, in which case payment in full becomes due.

In either case, we may:

charge you for reasonable handling and storage costs from the invoice date to the date of actual delivery or disposal; and
charge you any insurance premiums we incur in respect of the goods from the date you are notified that they are ready for delivery.

Delivery by instalments

If goods are to be delivered in instalments, late delivery of one instalment does not entitle you to reject any other instalment or treat the contract as a whole as repudiated.

Delivery dates

Any delivery date or time given by us is an estimate only. While we will use reasonable efforts to meet estimated dates, we are not liable for any loss or damage arising from late delivery.

We are not liable for late delivery or failure to deliver due to circumstances beyond our reasonable control (see FORCE MAJEURE).

DELIVERY INFORMATION, ADDRESS ACCURACY & ORDER AMENDMENTS

a) Accuracy of delivery details
You are solely responsible for providing complete and accurate delivery information at the time of order, including (where applicable):

recipient name;
company name;
full address (house/flat number, street and postcode); and
accurate contact details.

You must promptly correct any errors before dispatch.

b) No liability for incorrect / old / incomplete addresses
We are not liable for any loss, delay, mis-delivery or failed delivery arising from:

incorrect, incomplete or outdated address details supplied by you; or
any specific delivery instructions you provide (for example, “leave in porch”, neighbour, safe place, parcel room or concierge instructions).

c) Address amendments after dispatch

Any address change requested after the item is in transit:

cannot be guaranteed;
may not be possible depending on carrier rules; and
may incur additional carrier charges.

If the item is returned to us due to an incorrect or incomplete address, a restocking fee will apply before any refund is issued. We may also deduct outbound and carrier return charges and a reasonable handling fee, in line with our Returns Policy.

d) Delivery completion & transfer of risk
Once our carrier records delivery to the address you supplied (including to a safe place, neighbour or concierge where permitted), the order is deemed delivered and risk in the goods passes to you (see RISK AND RETENTION OF TITLE).

RISK AND RETENTION OF TITLE

Risk

All goods are at your risk from the time they are:

delivered to you or your agent;
delivered to the place specified in the contract (including a safe place/concierge/neighbour where allowed); or
collected by you from us,

whichever occurs first.

Retention of title

Ownership of the goods shall not pass to you until we have received payment in full of:

all sums due to us in respect of the goods; and
all other sums which are or become due to us from you on any account.

Until ownership passes:

you must store the goods safely and keep them clearly identifiable as our property; and
if you fail to pay any amount when due, we may, on giving reasonable notice, enter your premises (or any third party’s premises where the goods are stored) to recover the goods.

Where payment is made by cheque (if accepted), payment is not deemed received until the cheque has been honoured and the funds cleared in our bank account.

DAMAGED, DEFECTIVE, MISSING OR INCORRECT ITEMS

1. Inspection on delivery

You must inspect all goods immediately on delivery and in any event before they are used, installed or resold.

2. Damaged or defective items

To be eligible for a replacement or refund in respect of damaged or defective goods, you must:

report the damage or defect to us by 5:00 PM on the next working day after the day of delivery; and
provide any evidence we reasonably request (for example, clear photographs of the product, outer packaging and shipping label).

If you fail to notify us within this time frame:

the goods shall be deemed to have been delivered in good condition and accepted by you; and
we shall have no liability for any such damage or defect, except where required by law.

3. Missing items in a delivery

If you believe items are missing from a delivery, you must notify us promptly and in any event within 2 working days of delivery.

For verification, any report of missing items must include:

a clear image of the outer package; and
a clear image of the shipping label.

We may also request photographs of the goods received, the internal packaging and any tamper seals, to assist our investigation.

We may refuse claims for missing items where:

adequate evidence is not supplied; or
claims are made outside the specified time frame.

4. Incorrect items / wrong goods supplied

If you receive goods which do not match the items specified in our order confirmation:

a) Notification and evidence
You must notify us promptly and in any event within 2 working days of delivery, providing:

your order number; and
clear photographs of the goods received, the outer packaging and the shipping label.

b) Condition and use of incorrectly supplied goods
Until we collect them, you must:

keep the incorrectly supplied goods in their original packaging (where possible);
store them safely and in a resaleable condition; and
not use, install, alter or resell them.

c) Collection and replacement
Once we have verified that the wrong goods were supplied, we will:

arrange, at our cost, a collection of the incorrect goods on a reasonable date; and
once collection has been completed (or, at our discretion, once the carrier has accepted the goods into its network), either:

dispatch the correct goods; or
issue a credit or refund, in each case as agreed with you.

d) No right to withhold goods (“no hostage goods”)
You must make the incorrectly supplied goods available for collection when reasonably requested. You may not:

refuse or unreasonably delay collection;
withhold the incorrectly supplied goods as leverage in any other dispute; or
set off the value of such goods against sums owed to us,

except to the extent expressly agreed by us in writing or required by law.

If you fail to notify us within the time period above, or you use, alter or resell the incorrectly supplied goods, we may:

treat the delivery as accepted; and
invoice you for those goods at the applicable price (if not already invoiced).

LOST, UNDELIVERED OR MISDELIVERED SHIPMENTS

Claims for lost, undelivered or misdelivered shipments must be made within 14 days from the date the shipment is collected from us by the carrier (the dispatch date shown in our system).

When raising a claim, you must provide:

your order number and contact details;
any tracking information available to you; and
any supporting information requested by us or the carrier.

We may reject or be unable to pursue claims raised after the 14-day period, in line with carrier terms and limitations.

Nothing in this section affects the earlier clause on address accuracy: we are not liable for loss or mis-delivery caused by incorrect, incomplete or outdated address details supplied by you.

OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control or input.

You acknowledge that such tools are provided on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, and without any endorsement by us.

We have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools made available through the website is at your own risk and discretion. You should ensure that you are familiar with and agree to the terms on which these tools are provided by the relevant third-party providers.

We may also, in future, offer new services and/or features (including new tools and resources) through the website. Such new features and/or services will also be subject to these Terms.

THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not be liable for any third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with any third-party websites. You should carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (for example, competition entries) or if you send us creative ideas, suggestions, proposals, plans or other materials (collectively, “comments”), whether online, by email, by post or otherwise, you agree that we may at any time, without restriction:

edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us.

We are under no obligation:

to keep any comments confidential;
to pay compensation for any comments; or
to respond to any comments.

We may (but are not obliged to) monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your comments will not:

infringe the rights of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights;
contain libellous or otherwise unlawful, abusive or obscene material; or
contain any virus or other malware that could affect the operation of the website or any related system.

You must not use a false email address, impersonate any person or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in our materials that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website or in the service is inaccurate at any time, without prior notice (including after you have submitted your order), as permitted by law.

We undertake no obligation to update, amend or clarify information in the website or service (including pricing information), except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.

PROHIBITED USES

In addition to other prohibitions set out in these Terms, you must not use the website or its content:

a) for any unlawful purpose;
b) to solicit others to perform or participate in unlawful acts;
c) to violate any applicable laws or regulations;
d) to infringe our intellectual property rights or those of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on any unlawful grounds;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other malicious code;
h) to collect or track the personal information of others without lawful basis;
i) to spam, phish, pharm, pretext, spider, crawl or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the website, any related website or the internet.

We reserve the right to terminate your use of the website or any related service for violating any prohibited use.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY (B2B)

To the fullest extent permitted by law:

we exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
the website, services and all products delivered to you are provided “as is” and “as available”, without any representations, warranties or conditions of any kind, whether express or implied (including any implied warranties or conditions of satisfactory quality, fitness for a particular purpose, durability, title and non-infringement).

We do not guarantee that your use of our website or services will be uninterrupted, timely, secure or error-free, or that any results obtained will be accurate or reliable.

Subject to the paragraph below, we and our directors, officers, employees, affiliates, agents, contractors, suppliers and licensors will not be liable to you for:

any loss of profit, loss of revenue, loss of anticipated savings, loss of business, loss of contracts, loss of goodwill, loss or corruption of data, or any indirect or consequential loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise; or
any other loss or damage of any kind arising out of or related to your use of the website, services or products, including any errors or omissions in content, or any loss or damage arising from the use of the website or any content posted, transmitted or otherwise made available via the website.

Our total aggregate liability to you in respect of all claims arising under or in connection with these Terms or any contract (whether in contract, tort, breach of statutory duty or otherwise) shall be limited to the total price paid by you for the goods to which the claim relates.

Nothing in these Terms excludes or limits liability:

for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation; or
for any other matter which cannot lawfully be excluded or limited.

INDEMNITY

You agree to indemnify, defend and hold harmless The Markup Group and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from and against any claims, demands, losses, damages, costs and expenses (including reasonable legal fees) arising out of:

your breach of these Terms or any documents they incorporate by reference; or
your violation of any law or the rights of any third party.

FORCE MAJEURE

We are not liable for any failure or delay in performing our obligations under any contract where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to:

acts of God;
pandemics or epidemics;
war, terrorism or civil disturbance;
industrial disputes;
failures of utilities or transport networks;
fire, flood, adverse weather; or
any other event beyond our reasonable control.

In such circumstances, we may suspend performance of our obligations for the duration of the event or, where appropriate, cancel the contract (in whole or in part) without liability, except to refund any sums you have paid for goods not delivered.

SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law and the unenforceable part shall be deemed severed. This shall not affect the validity and enforceability of any remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of these Terms for all purposes.

These Terms remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.

If, in our sole judgement, you fail (or we reasonably suspect that you have failed) to comply with any provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our website and/or services (or any part of them).

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies and operating rules posted by us on this website (including our Returns Policy and Privacy Policy), constitute the entire agreement and understanding between you and us in relation to your use of the website and services, and supersede any prior or contemporaneous agreements, communications and proposals (whether oral or written) between you and us.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW AND JURISDICTION

These Terms and any contracts between you and us for the supply of goods or services shall be governed by and construed in accordance with the laws of England and Wales.

You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check this page periodically for changes.

Your continued use of our website or services following the posting of any changes constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about these Terms of Service should be sent to:
info@gloveswholesale.co.uk