Delishops User Agreement for Buyers using Delishops Wholesale

This User Agreement (“UA”) is between you the “Customer” or “Buyer” and Clicbox Ltd trading as Delishops (“Delishops”)

  1. Definitions

In this User Agreement, the following words shall have the following meanings only:

Clicbox Ltd (“Delishops”)the owner and manager of the Delishops Wholesale Platform
“You”, “Your business”, “You the Customer”The trading entity operating your company profile in the Delishops Wholesale Platform
Delishops Wholesale Platformthe business hosted on the Delishops Wholesale Website through which Delishops sells the products of Delishops Suppliers to Customer businesses
User Agreement (“UA”) between Delishops and the CustomerThe User Agreement which lays out the legal relationship between You the Customer and Delishops. The User Agreement is published by Delishops on the Delishops Wholesale Platform and may change from time to time
Delishops Wholesale Websitewww.delishops.co.uk
Terms & Conditions between Delishops and Delishops Supplier (“T&Cs”)The Terms & Conditions that lay out the legal relationship between Delishops Suppliers uploading products onto the Delishops Wholesale Platform for sale to Customers, and Delishops. These Terms & Conditions are published by Delishops on the Delishops Wholesale Website and may change from time to time
Delishops Supplier (“Supplier”)a contributing retailer, producer, wholesaler, distributor or importer who supplies goods into the Delishops Wholesale Platform for Customers to buy
Customer or Buyera trade or professional purchaser of goods or services through the Delishops Wholesale Platform for commercial use or resale
Delishops Commissionthe commission taken by Delishops for itself on each transaction that passes through the Delishops Wholesale Platform
Delishops Wholesale Credit SchemeDelishops Wholesale Credit Scheme allows Customer to defer payment for their order with Delishops.  The Delishops Wholesale Credit Scheme does not involve or contract with Suppliers. 
DispatchThe earlier of 6 days after Customer order (the end of the Confirmation Period) and the date a Supplier confirms the goods have been dispatched on their Delishops dashboard
Confirmation PeriodDelishops give 6 days for orders to be finalised between Buyers and Suppliers.  During the confirmation period the Supplier can amend down the order and invoice to the Customer. 
  1. Term
    1. You can terminate this agreement with Delishops at any time
    2. Delishops can terminate this agreement with you at any time
    3. No refund will be given of any periodic subscription already paid if paid
    4. All payments on product sales made or due prior to the termination of this agreement, or due to be refunded, remain due or due to be refunded
  2. Delishops responsibilities within this agreement
    1. Delishops owns and manages the Delishops Wholesale Platform
    2. the Delishops Wholesale Platform is a business to business platform. The Delishops Wholesale Platform is not to be used by or sell to consumers.  Transactions on the Delishops Wholesale Platform are not covered by consumer protection law and users do not have access to consumer rights
    3. Delishops will provide you with an access portal to catalogue your use of the platform and to customise your platform presence
    4. the Delishops Wholesale Platform will manage your online Customer experience, including publishing information on products, delivery, price, Suppliers and events.
    5. Delishops never holds stock for or has liability for any product or service for sale or sold on the Delishops platform
    6. Delishops receives payment from You the Customer
    7. Delishops pays the Supplier the published price of goods less Delishops Commission plus VAT
    8. Delishops promotes the Delishops Wholesale Platform to Customers to view and buy products
    9. Delishops will from time to time promote individual products or Suppliers as it sees fit
  3. Your responsibilities within this agreement
    1. Delishops is a trade only platform.  You undertake that you are business not a private individual or consumer.
    2. you understand that Suppliers to the Delishops Wholesale Platform offer an  range of products published by them on the Delishops Wholesale Platform for sale at stated prices and conditions of sale including delivery
    3. you understand products will be dispatched by the Supplier direct to you and not from Delishops according to their stated delivery terms.  Orders from some Suppliers may include delivery charges for orders below stated Minimum Order Quantities or Free Order Quantities from that Supplier
    4. it is your responsibility to ensure all your goods or services are checked on arrival to ensure they are as advertised.  It is incumbent on you to demonstrate the deficiencies.  You are encouraged to take photos of any problems arising as this can speed up the processing of refunds or new product being shipped to you
  4. Supplier responsibilities within this agreement
    1. Suppliers are responsible for the accuracy of their product information and imagery and company information and imagery on the Delishops Wholesale Platform
    2. Suppliers maintain at all times the accuracy and legality of their product information including pricing and FIR compliance if relevant
    3. Suppliers agree to abide by the prices and conditions of sale including delivery for each transaction on the platform
    4. Suppliers agree to maintain sufficient stock levels to meet Customer demand, and not to show products as available when they are not
    5. Suppliers undertake only to offer goods and services on the Delishops Wholesale Platform that are legal with the appropriate laws of the United Kingdom and compliant with the regulatory framework of the United Kingdom, and for which they have the appropriate
    6. on receipt of a purchase order you will complete and despatch the order to the Customer according to the times published by you at the moment of purchase
    7. your responsibilities regarding delivery are as published by you on published on the Delishops Wholesale Platform
    8. you are responsible for any product related Customer Services required alongside your sale and despatch applicable to your product and its delivery
    9. if an order can not be fulfilled as requested, it is your responsibility to liaise with the Customer to correct, amend or cancel the order
    10. if an order is amended after being placed by the Customer, it is your responsibility to correct or amend the invoice within five (5) days of the order being placed in your Sellers dashboard on the Delishops Wholesale Website
    11. you are responsible for ensuring VAT is treated correctly for your products within the Delishops Wholesale Platform
    12. you have no responsibility to collect payments from Customers
    13. if Delishops deems your product and company information inaccurate or out of date the Delishops Wholesale Platform may delist you.
    14. if you do not deliver and maintain your company and product data in a timely manner the Delishops Wholesale Platform may delist you
    15. you will not act in contravention to nor frustrate the application of Delishops to Customer UA neither in your actions nor in content published on Delishops Wholesale Platform
    16. this agreement is non-transferable by the Delishops Supplier without written agreement by Delishops
  5. The Products
    1. their Product(s) correspond with their description
    2. are of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by Delishops;
    3. where they are or include manufactured products, are free from defects in design, material and workmanship and remain so until any best before date stated on the packaging; and
    4. comply with all applicable statutory and regulatory requirements relating to the manufacture, supply, labelling, packaging, storage, handling and delivery of the relevant foodstuffs.
    5. that at all times they have and maintain all the licences, permissions, authorisations, consents and permits required for Delishops to carry out their obligations
    6. they maintain appropriate, up-to-date and accurate records to enable a recall of Products. These records shall include records of deliveries including where relevant batch numbers, delivery dates, name and address of customers and quantities dispatched.
  6. The transaction
    1. The transaction is made up of twin contracts:
      • Between Delishops and the Customer
      • Between Delishops and you the Supplier
    2. The transaction chain is triggered by you the Customer ordering products through the Delishops Wholesale Website
    3. You the Customer pay for the order by debit or credit card, or through the Delishops Wholesale Credit Scheme
    4. At the instant the order made by the Customer is placed and payment confirmed, Delishops triggers the twin order for the products from the Supplier
    5. In the event the order requires amendment prior to dispatch, the Supplier will amend the order during the Confirmation Period
  7. Delivery & Receipt of goods
    1. Delivery terms and charges are shown on the product page and at checkout
    2. Delivery terms are subject to the terms published by the Supplier on the Delishops Wholesale Platform for each product
    3. It is your responsibility to inspect goods on delivery for defects and to check your delivery is complete and correct against your order confirmation
    4. You must notify the Supplier as soon as possible of any discrepancies or defective produce
    5. Do not dispose of defective items until you have received confirmation from the Supplier, as this could affect any refund you may be entitled to. It may be requested that you return the defective item to the Supplier
  8. Payment for Goods and Services
    1. You the Customer are required to pay or commit to paying for eth order at checkout
    2. You the Customer can pay by Debit or Credit card.  The payment will be taken at the date of Dispatch
    3. Businesses listed as limited companies at Companies House may apply for credit using the Delishops Wholesale Credit Scheme. Payment will be required as under the terms of the scheme, payable to our credit partner Hokodo.  See our separate terms for business for paying by the Delishops Wholesale Credit Scheme
  9. Refunds and Returns
    1. All refunds will be made by Delishops not the Supplier
    2. Refunds will be processed within 14 days after goods have been received and verified by the Supplier if requested
    3. Please contact the Delishops Team by email or Phone to apply for a refund
    4. Refunds will only be given where products are defective.  Products dispatched in good faith may not be returned or refunded
    5. Returns must be dispatched to the original Supplier, not Delishops, at your expense.
  10. Customer data
    1. All data within the Delishops Wholesale Platform including Customer data is owned by Delishops.  The use of your data is governed by the Delishops Privacy Policy
    2. Suppliers can use the Customer data accessible from the Delishops Wholesale Platform where it applies to their business to encourage their wholesale Customers to transact on the Delishops Wholesale Platform
    3. Suppliers are prohibited from passing on any data from the Delishops Wholesale Platform free or for a fee to any other party except as required to meet their obligations to Delishops and you the Customer
  11. Insurance and indemnity
    1. Suppliers are required to be adequately insured for all their activities within the Delishops Wholesale Platform
  12. Delishops Commission
    1. Delishops charges commission to Suppliers on all purchases made through the Delishops Wholesale Platform
    2. Prices shown the Delishops Wholesale Platform are gross of Delishops Commission, and represent the price paid by You the Customer, excluding VAT if applicable
    3. No additional Delishops Commission is payable by You the Customer
    4. Delishops will pay the Supplier the price shown on the Delishops Wholesale Platform less the Delishops Commission plus VAT
  13. General terms
    1. A reference to any party shall include that party’s representatives, successors or permitted assigns.
    2. A reference or inference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
    3. Words in the singular shall include the plural and vice versa.
    4. Clause, schedule and paragraph headings shall not affect the interpretation of these T&Cs.
    5. A reference to writing or written includes written digital communications.
    6. An obligation on a party not to do something includes an obligation not to allow that thing to be done.
  14. About Delishops and these Terms & Conditions
    1. Delishops Ltd Company registration number 10325822 , VAT registration number 248 8660 62. The registered company address is Glynde Combe Ranscombe Lane Glynde Sussex BN8 6RP
    2. These T&Cs are governed by English law and all parties submit to the exclusive jurisdiction of the English courts should the need arise
    3. Delishops reserves the right to revise these T&Cs from time to time