Terms & conditions.

Terms & Conditions For Buyers

We, Click It Local Ltd., a limited company incorporated in England, own and operate the Website www.clickitlocal.co.uk. Our System (which includes our software, Website and delivery services) provides a virtual marketplace where sellers display their products and buyers can view them, place orders and receive delivery.

If you want to use our platform to buy products, you can do so by placing an order via our Website. Once your order is accepted by the seller, you will have a contract with the seller for the purchase of the products you ordered. We use our System to facilitate transactions but we are not the seller of any products.

When we have a delivery service in an area, we will normally arrange for products ordered from sellers in the area to be delivered to you unless, when you place the order, you opt to collect the products from the seller. We partner with other delivery firms for non-local deliveries.

In order to use our System you need to register an account with us and, by doing so, you agree to be bound by these Terms & Conditions. Please read them carefully before registering with us.

1. OUR ROLE

Our Website displays products of sellers who use our System. If you want to buy any products we will process your payment online through a third party payment processor once the order has been accepted by the seller. We use Stripe to process all payments received. We do not accept payment for products except via our Website.

When the cost of delivery is included in your order, we will arrange delivery to the address you give us at the time of the order.

2. PRICES

2.1 The price of all products is shown on our Website. The price of products includes VAT, when applicable.

2.2 The cost of delivery is shown separately and payable when you place an order. VAT may be added when applicable.

2.3 All published prices are subject to change at any time without notice. A change will not affect any order that has already been accepted by the seller.

3. ORDERING PRODUCTS ONLINE

3.1 You confirm to us that all information which you are required to provide when ordering products on our Website is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party. If you are ordering alcohol or other products that require age verification, you confirm that you meet the requirement and you may be asked for verification at the time of delivery.

Payment online must be made by credit or debit card. Please ensure that you keep your log-in details and password confidential and do not share them with anyone. We cannot accept any liability if a third party makes use of your credit card.

Your order will be sent electronically to the seller for acceptance. Once we receive that acceptance from the seller, we will confirm it to you.

[If the seller does not have a product that you ordered, your order will be cancelled unless an alternative product is recommended by the seller and accepted by you via our System.]

All payment for products and for delivery charges must be made before the products are delivered. In all cases, delivery will not occur until we are satisfied that the payment has been made.

When an order is made on the Website, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable and in any event before delivery of the products.

4. DELIVERY

We will give you a planned delivery date and time- window for the products. No times or dates provided by us are guaranteed but, unless otherwise agreed, we normally deliver products in the area within 2 days from the date we confirm acceptance of your order. Please read our Delivery Policy for more information on this service.

You must notify us promptly and in any event within 48 hours of receipt of any products if they appear to be damaged in transit or if you receive goods that do not correspond to your order. In those circumstances, you must also keep all packaging as this may be required when making a claim.

5. RISK AND OWNERSHIP

The risk of loss or damage to products passes to you when the products are delivered to the address you supplied (or when they are delivered to some third party that you nominate to take possession of the products). If you have agreed to arrange collection from the seller, the risk in those products passes to you on collection by you or by someone on your behalf.

6. CANCELLATION, RETURNS & REFUNDS

Cancellation

As sales made via our Website are ‘distance sales’ for the purpose of consumer protection laws in the UK, you may have the right to cancel an order and return a product if you do not want it. In the case of perishables and some other products, including those made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the contract.

To exercise the right to cancel, you must inform us of your decision to cancel the contract with a clear statement in writing within 14 days from the day you receive it. You may use the cancellation form on our website, but this is not obligatory. Cancelled products must be returned in the same condition as you received them and in the same packaging whenever possible.

When we have delivered the product to you, you can either arrange to return it directly to the seller at your expense, or you can deliver it to our local Consolidation Hub for return by our delivery team. The address can be found on our Website.) In either case, it must be properly packaged to avoid damage, and returned no later than 14 days following the cancellation date.

Please read our Cancellation & Returns Policy for more details.

Loss or Damage

If any product delivered to you is defective, damaged or incomplete or if there is an incorrect delivery, you must notify us and the seller as soon as possible. In these circumstances, you will be entitled to an appropriate replacement, repair or refund from the seller in respect of the damaged, defective or missing product and reimbursement of the reasonable cost of returning the product to the seller. If requested, we may agree to collect and return any such product to the seller, and/or deliver a replacement or repaired product to you.

Refunds

If you cancel a contract under the distance selling regulations, we will refund all payments received from you. This includes the cost of delivery, if you paid for this. We may make a deduction from the refund for loss in value of any products supplied, if the seller informs us that the loss is due to damage or unnecessary handling by you.

We will make the refund without undue delay, and not later than 14 days after the day on which the cancelled products are returned to the seller.

In any case when you are entitled to a refund, we will make the refund using the same means of payment as you used for the initial transaction and you will not incur any transaction fees as a result of the refund.

7. PRIVACY

If you place an order, you will have to provide personal information to us. We will need to disclose personal information to third parties, including the seller for the purpose of processing the order and arranging delivery. In all other respects we will protect your personal data in accordance with our Privacy Policy.

8. CUSTOMER DEFAULT

If you give us any incorrect personal information, fail to make any payment when it is due, become insolvent, commit any breach of these Terms & Conditions, or act in any way that we consider to be unacceptable, then we have the right to cancel your registration to use our System.

In addition, we and the seller have the right to cancel your contract and recover possession of any products which have been supplied and for which payment has not been received in full.

9. SYSTEM ACCESS

We will use commercially reasonable efforts to make the System available 24 hours a day, 7 days a week, except for planned maintenance. This will usually be carried out during the maintenance window of 10.00 pm to 2.00 am GMT. In the case of unscheduled maintenance we will endeavour to perform this outside normal business hours, and to give at least 6 hours’ notice in advance if this occurs on a business day.

However, we do not guarantee that the use of the System will be uninterrupted or error-free and we will not be liable for any downtime, restricted access or any delay or loss of data resulting from the use of communications networks and facilities, including the internet. You accept that these risks are inherent in the use of such communication facilities.

10. INTELLECTUAL PROPERTY

The Intellectual Property Rights in the System and any materials, designs and documentation prepared by us are, and will remain, the property of Click It Local or its licensors. In the case of content on the Website provided by a seller, those rights belong to the seller or their licensors.

We grant you a non-exclusive licence to access the Website and use the System to the extent necessary for you to make use of our service but not for any other purpose.

You agree not to access or permit access to all or any part of the System in order to copy, modify or reverse engineer any part of it or for any other reason.

11. WARRANTIES AND LIABILITY

The seller warrant to you that the products ordered by you will meet the description as shown on our Website.

Neither we nor the seller will have any responsibility for any damage which occurs to the products after you receive them.

In the event of any dispute concerning your purchase of a product the dispute will be a matter for resolution between you and the seller.

If any product is lost or damaged due to the fault or negligence of our delivery team, our liability will be limited to reimbursing you the cost of the product [not exceeding £100 per item].

However, we and the seller acknowledge that we cannot exclude liability for death or injury that is caused by our respective negligence.

12. FORCE MAJEURE

We will not have any liability to you if we are prevented from performing any of our obligations due to circumstances beyond our reasonable control (‘force majeure’). This includes, but is not limited to, internet disruption, power failure, fire, flood, act of nature, terrorism, civil disturbance, strike, epidemic (including coronavirus and any regulations relating to control of the epidemic) or difficulty in obtaining labour. In any of these circumstances we reserve the right to suspend or cancel any order or delivery and we will not be liable for any breach of contract during a period of force majeure. We will inform you as soon as practicable of a force majeure event.

13. CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to amend these Terms and Conditions and our Policies from time to time for any reason. This may include changes in market conditions or in technology, changes in payment methods, or changes in relevant laws and regulatory requirements. The changes will take effect on a date to be notified to you and they will not affect any contract for the sale of products that is concluded before then. You should check these documents when placing orders so as to keep yourself up-to-date.

14. GENERAL

Notices.Any notice to be given by either of us to the other may be delivered by email, by hand or by first class post. A notice will be treated as delivered two working days after it is posted, or on the day of delivery in the case of email or hand delivery if this is during normal working hours of the recipient, otherwise, it will be on the next working day.

Assignment. Neither we nor you may transfer or assign, any of our respective rights or obligations arising under the agreement without the other party’s prior written consent.

Severability. If any provision in these Terms & Conditions is held by a court to be unenforceable, that will not affect the remaining provisions. We will endeavour to agree an alternative provision in that situation.

Entire agreement. These Terms and Conditions form part of the agreement between us relating to your use of our services and supersede any previous discussions, representations, correspondence, understanding or agreement relating to our services.

15. DISPUTES & LAW

If there is a dispute which we cannot settle by direct negotiation, either of us may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute and CEDR will be asked to nominate the mediator.

Any dispute that is not settled by agreement or mediation will be finally decided by the English courts.


Terms & Conditions For Sellers

We, Click It Local Ltd., a limited company incorporated in England, own and operate the Website www.clickitlocal.co.uk. Our System (which includes our software, Website and delivery services) provides a virtual marketplace where sellers display their products and buyers can view them, place orders and receive delivery.

If your business is within a locality where we offer our service and you want to sell via our platform, please let us know by completing a registration application online via www.clickitlocal.co.uk/store-sign-up and giving us the information and documents listed in the application form.

By applying for registration with Click it Local as a seller, you agree to be bound by these Terms & Conditions once we accept your registration in writing.

1. OUR ROLE AND DUTIES

Software:

Our System provides a platform for you to offer your products for sale to buyers. You authorise us to process sales of your products to buyers who place orders via our Website and, once an order has been accepted by you, the contract for sale and purchase is between you and the buyer.

Delivery:

When a sale includes the cost of delivery by us to the buyer, we will arrange collection of the product from you and delivery to the buyer. We will invoice the buyer for our delivery charges. We work with partners where appropriate to support our local delivery and national delivery services.

Transactions:

We will process payments for your transactions electronically through a third party payment processor. We use Stripe to process all payments received. We do not accept payment for products except via our System.

Refunds:

If a buyer is entitled to a refund, you must refund us. When you have already received payment before the refund is made, the same process will normally be used and the refund will be deducted from your next pay-out.

Pay-outs:

We will account to you at regular intervals for all sales of your products made in the previous sales period agreed with you (either weekly or monthly), less our agreed commission and card transaction fee and any refunds or other deductions that we are entitled to make.

Insurance:

We cover items up to a value of £100 if lost, stolen or damaged as a result of our delivery service. You should arrange insurance for higher value items.

Content:

We reserve the right to remove from the System any material that is uploaded by you or on your behalf that we consider to be unacceptable for any reason. We will inform you as soon as practicable if that happens.

2. YOUR ROLE AND DUTIES

Login:

Once registered, you will be provided with a log-in for the System enabling you to upload details of your products on the Website. You must ensure that the log-in details and your password are kept confidential and that the System is only accessed by a responsible member of your business who has been trained to upload material on the Website. Any unauthorised access must be notified to us immediately.

Compliance:

You must comply with our policies and guidelines and other reasonable requirements with regard to all information, data, images and graphics concerning your business and the products that you offer for sale via our System.

You will also comply promptly with any reasonable requests or instructions by us or our authorised personnel concerning the use of our services or System.

Product:

All product descriptions and information must be accurate. The price of all products must be clearly displayed and kept up to date. When applicable, VAT mut be shown and included in the sale price.

Availability:

You must only offer for sale products that you have in stock and are able to supply once an order has been accepted by you

Appropriate Content:

You must not include any material that is misleading or inaccurate or might reasonably be considered inappropriate, offensive, defamatory or illegal. Also, you must not provide a link to another website (except with our previous written consent).

Order Process:

When an order is placed by a buyer, you will receive email notification from us. You must then either accept or decline the order within the time limit given to you. If you do not accept within that period, we may cancel the order and refund the buyer. We reserve the right to recover from you any costs we incur in that transaction.

Accepting Orders: your contract with the buyer

Immediately you accept an order you will have a contract with the buyer for the sale of the products ordered and you will be responsible for performing that contract.

Our Collection requirements

When accepting an order for delivery by us your products must be ready for collection any time within the collection window and date stated in your order confirmation. If any product is not ready within these times or not handed to our courier on the correct day, the buyer may be given the option of a full refund or a later delivery when suitable.

Packaging:

Your products must be suitably packaged by you for safe carriage and delivery to the buyer by our personnel, with the buyer’s order number, name and address clearly shown. If the packaging is not adequate, we may refuse to collect the item or, if our courier considers that the item should not be delivered to the buyer as a result of a packaging defect, you will be liable for a replacement or a customer refund.

Categories:

We accept all product categories that are legal for sale in the UK and abide by the restrictions set out in these Terms & Conditions.

Age Verification:

If your product requires age verification you must tick the age varication box when uploading the product on to our Website.

Chilled Items:

You are responsible for packaging chilled products in suitable packaging to keep the products at the correct temperature in line with food safety legislation for a minimum of six hours.

Weight & Size Limits:

Any individual package must not exceed a maximum weight limit of 30kg and 1m in length.

Click & Collect:

If an order is made by a buyer on a ‘click & collect’ basis, you will deliver the products to the buyer at your premises.

3. RETURNS & REFUNDS

As all sales made via our website are ‘distance sales’ for the purpose of consumer protection legislation in the UK, you will be aware that in some, but not all, cases, the buyer may have a right to cancel the contract with you within a specified period (usually 14 days). If a buyer exercises that right, we will, if requested by the buyer or by you, arrange a return of the cancelled product. If the buyer returns the product to you, you agree to reimburse their postage/return costs.

If any product is defective, damaged or incomplete or if there is an incorrect delivery, the buyer should immediately notify you and us. In these circumstances the buyer will be entitled to an appropriate replacement, repair or refund in respect of the damaged or defective product and reimbursement of the reasonable cost of returning the product to you. If requested, we will arrange to collect and return any such product to you, and/or deliver any replacement or repaired product to the buyer.

Refunds will usually be made by crediting the buyer’s credit/debit card account.

Whenever we arrange for return of a product or delivery of a replacement, or arrange a refund to a buyer, we reserve the right to charge you for that service.

Our Cancellation and Returns Policy is on our website and you agree to comply with it insofar as it affects you as a seller.

4. FEES

The fee (commission) we charge you for any sale you make by using our platform will be agreed with you when you register with us. This fee may be subject to review or additional services may be provided for an increased fee.

All sales are subject to a card transaction fee (currently 1.4% plus 20p) which will be charged to you. We may choose to change our payment gateway at any time resulting in our card transaction fee being subject to change.

5. INVOICING AND PAYMENTS

You authorise us to collect all payments made by buyers of your products sold via our System following your acceptance of each order. You also authorise us to deal with any refunds notified to us.

Each sales period is either a week or a month, whichever we agree with you.

At the end of each sales period we will submit a statement to you showing all sales of your products made in that period and any refunds. Invoices for the commission & card transaction fees due to us will be available to download from the Click It Local dashboard.

Each invoice will include any other charges payable by you and each invoice will include VAT as appropriate.

We will then pay the amount owing to you less the amount of our invoice for the period. Payment will be made direct to your bank account within 7 days of the date of each invoice.

6. ACCESS TO THE SYSTEM

We will use commercially reasonable efforts to make the System available 24 hours a day, 7 days a week, except for planned maintenance. This will usually be carried out during the maintenance window of 10.00pm to 2.00am GMT. In the case of unscheduled maintenance we will endeavour to perform this outside normal business hours, and to give at least 6 hours’ notice in advance if this occurs on a business day.

However, we do not guarantee that the use of the System will be uninterrupted or error-free and we will not be liable for any downtime, restricted access or any delay or loss of data resulting from the use of communications networks and facilities, including the internet. You accept that these risks are inherent in the use of such communication facilities.

7. YOUR WARRANTIES

You confirm and undertake to us that for the duration of the agreement between us:

(a) your business is established in the United Kingdom and that the identification data of your business and authorised personnel is accurate and will be kept up to date

(b) you and those authorised by you will discharge your obligations under these Terms & Conditions with skill, care and timeliness

(c) your use of our Website will not have any adverse effect on our service or the functionality of our System or introduce any virus or cause any harm

(d) all products sold by you will be fit for purpose, meet their description on the Website and be free from any third party claims, rights and interests

(e) no material uploaded by you or on your behalf will subject Click It Local to any claim or allegation of infringement of any intellectual Property Rights of any third party

(f) you will comply with all legislation and regulations applicable to the sale of your products, including all product safety and product marking laws and regulations and trading standard requirements

(g) all food and perishable products will at the time of sale and delivery be in good condition and comply with all relevant food and safety standards

(h) you will at all times maintain a quality standard with regard to your sales, products and (where applicable) after-sales service and you will ensure that no action of yours or of any of your personnel or suppliers adversely affects our services or our reputation.

8. INTELLECTUAL PROPERTY RIGHTS

The Intellectual Property Rights in the System and any materials, designs and documentation prepare by us are, and will remain, the property of Click It Local or its licensors.

We grant you a non-exclusive licence to access the Website and use the System to the extent necessary for the purposes of the agreement between us but not for any other purpose.

You grant us a non-exclusive licence to utilise for marketing activities any content that you upload to our platform or is publicly available for us (including content on your website).

You agree not to access or permit access to all or any part of the System in order to copy, modify or reverse engineer any part of it or with the objective to build a product or service which competes with it.

9. LIMITATION OF LIABILITY

We shall have no liability to you or any buyer of your products for any loss of profit, loss of data, loss of business or any other economic, indirect or consequential loss. However, we do not exclude liability for death or injury that is caused by our negligence.

In the event of any dispute arising out of or in connection with the sale of a product by you to a buyer, the dispute will be a matter for resolution between you and the buyer.

If any product is lost or damaged due to the fault or negligence of our delivery team, our liability will be limited to reimbursing you the cost of the product [up to a maximum of £100 per item].

If a claim is made against us in connection with any sale of your products, whether by the buyer or any third party, you irrevocably agree to compensate us in full for any loss or damages we incur as well as our costs and expenses (including legal and other professional fees) in defending or settling the claim.

10. DATA PRORECTION

You and we are each responsible for complying with the Data Protection Act 2018 in relation to the processing of personal data.

Each of us may be a data controller in respect of data relating to any individual who buys a product from you via our System. The way in which we collect and process data is set out in our Privacy Policy, a copy of which is available on our Website.

11. TERMINATION

Either you or we may terminate the agreement between us by giving 30 days’ notice in writing to the other.

We reserve the right to give you notice at any time to terminate the agreement between us if:

(a) you commit a breach of any of these Terms & Conditions or (in the case of a remediable breach) you fail to remedy it promptly after being requested to do so,

(b) you cease or suspend trading, become insolvent, unable to pay your debts or declared bankrupt or, if a limited company, you have a liquidator, receiver or administrative receiver appointed, or

(c) you or any of your personnel act or fail to act in any way that in our reasonable opinion is unacceptable and/or harmful for any buyer or for the reputation of Click It Local.

Upon termination you will cease to have access to our System and all material concerning your business and products will removed from the Website. We will account to you for any amounts owed at the termination date less any amounts due to us from you.

12. FORCE MAJEURE

We will not have any liability to you if we are prevented from performing any of our obligations due to circumstances beyond our reasonable control (‘force majeure’). This includes, but is not limited to, internet disruption, power failure, fire, flood, act of nature, terrorism, civil disturbance, strike, epidemic (including coronavirus and any regulations relating to control of the epidemic) or difficulty in obtaining labour. In any of these circumstances we reserve the right to suspend the agreement between us and we will not be liable for any breach of contract during a period of force majeure. We will inform you as soon as practicable of a force majeure event.

The same terms will apply if you are affected by force majeure.

Each of us will make all reasonable efforts to mitigate the effect of force majeure. If it continues for more than 60 days ether party may give notice to terminate the agreement between us.

13. CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to amend these Terms and Conditions and our policies from time to time for any reason. This may include changes in market conditions or in technology, changes in payment methods, or changes in relevant laws and regulatory requirements.. The changes will take effect on a date to be notified to you and they will not affect any contract for the sale of products that is concluded before then.

14. GENERAL

Confidentiality. Each of us will keep confidential any information of a confidential nature that is given to the other and is identified as being confidential at the time it is disclosed. That obligation will survive termination of the agreement but it will not apply to information that becomes public knowledge through no fault of the party that received the confidential information.

Notices. Any notice to be given by either of us to the other may be delivered by email, by hand or by first class post. A notice will be treated as delivered two working days after it is posted, or on the day of delivery in the case of email or hand delivery if this is during normal working hours of the recipient, otherwise, it will be on the next working day.

Assignment. Neither we nor you may transfer or assign, any of our respective rights or obligations arising under the agreement without the other party’s prior written consent. This will not affect our right to engage others to deliver products to buyers.

Severability. If any provision in these Terms & Conditions is held by a court to be unenforceable, that will not affect the remaining provisions. We will endeavour to agree an alternative provision in that situation.

Entire agreement. These Terms and Conditions form part of the agreement between us relating to your use of our services and supersede any previous discussions, representations, correspondence, understanding or agreement between us relating to the subject matter of the agreement.

15. DISPUTES & LAW

If there is a dispute which we cannot settle by direct negotiation, either of us may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute and CEDR will be asked to nominate the mediator.

Any dispute that is not settled by agreement or mediation will be finally decided by the English courts.