Terms & Conditions

 

 

 

Link Agreement between Clicbox Ltd and Delishops Suppliers on the Delishops Wholesale platform

 

1.    Introduction

This Link Agreement (“LA”) are between you (the “Delishops Supplier” or “Supplier”) and Clicbox Ltd (“Clicbox”)

2.    Definitions

 

In this LA, the following words shall have the following meanings only:

 

Clicbox Ltd (“Clicbox”) the owner and manager of the Delishops Wholesale platform
“You”, “Your business” your business
Delishops Wholesale the online platform through Clicbox sells the products of Delishops Suppliers wholesale to customer businesses
Link Agreement between Clicbox and the Delishops Supplier (“LA”) This Link Agreement lays out the legal relationship between Delishops Suppliers uploading products onto the Delishops Wholesale platform and Clicbox.   The Supplier is the party with whom the Customer is transacting.

Suppliers of goods may be retailers, producers, wholesalers or any other party who owns goods listed for sale on the Delishops Wholesale platform, dispatches them to order to customers nominated addresses for collection, and receives money arising from that sale.

This Link Agreement is published by Clicbox Ltd and may change from time to time with notice all Delishops Suppliers.

 

Delishops Supplier a contributing retailer, producer, wholesaler, distributor or importer who supplies goods into Delishops Wholesale for trade customers to buy
Customer a purchaser of goods through Delishops Wholesale
Clicbox Commission the commission taken by Clicbox for itself on each transaction that passes through the Delishops Wholesale platform
Terms of Use between Clicbox and the Customer (“Clicbox to Customer ToU”) these Terms of Use lay out the legal relationship between the Customers and Clicbox.  These Terms of Use make clear Delishops is agent to and not liable for the transaction between the Supplier and the Customer.  These Terms of Use are published by Clicbox on the Delishops Wholesale platform
Terms and Conditions between Delishops Suppliers and the Customer (“Supplier to Customer T&Cs”) each sale is a contract between a Delishops Supplier and a Customer: these Terms and Conditions lay out the legal relationship between Delishops Suppliers and the Customers who buy from them.

Clicbox is an online service provider, and is not party to the transactions of products on its platform.  Supplier to Customer T&Cs must conform to the Clicbox to Supplier LA.

The supplier is responsible for their T&Cs.

Clicbox sample Terms and Conditions between Delishops Suppliers and the Customer (“Supplier to Customer T&Cs”) Clicbox provide outline T&Cs to encourage Suppliers to consider most aspects of their contractual relationships with their customers.

This LA are for general guidance only, and no warranty is given to their suitability to any Supplier.  Clicbox accepts no liability that may arise under any circumstances for any Supplier incorporating some or all of Clicbox Sample T&Cs into their own T&Cs

 

3.    Agreement and term

3.1. Period of agreement

  • You can terminate this agreement with Clicbox at any time
  • Clicbox can terminate this agreement at any time
  • No refund will be given of any subscription already paid
  • All contracts of sale with customers remain the responsibility of the Supplier after termination of this agreement
  • All payments on product sales made prior to the termination of this agreement due or due to be refunded remain due or due to be refunded
  • Any commission on sales prior to the termination of this agreement due, or due to be refunded, remains due, or due to be refunded

3.2. Your responsibilities within this agreement

  • As a supplier to the Delishops Wholesale platform you will offer an agreed range of products for sale at agreed prices and conditions of sale including delivery
  • The contract for sale of your products is between you, the Delishops Supplier, and the Customer. Clicbox is not a party to the transaction except as agent.  Clicbox never own or have responsibility for nor have liability for any of your products or services at any time
  • You will maintain the accuracy of your company information and imagery on the Delishops Wholesale platform using your Delishops portal
  • You will maintain at all times the accuracy and legality of your product information including pricing and FIR compliance if relevant
  • You agree to abide by the agreed prices and conditions of sale including delivery for each transaction while on the platform
  • You agree to maintain sufficient stock levels to meet customer demand, and not to show products as available when they are not
  • On receipt of a purchase order you will complete and despatch the order to the Customer according to the times published at the moment of purchase according to your Supplier to Customer T&Cs
  • Your responsibilities regarding delivery are as agreed in your Supplier to Customer T&Cs as published on the Delishops Wholesale platform
  • You are responsible for any Customer Services required alongside your sale and despatch applicable to your product and its delivery, as required under consumer laws of England and Wales and your Supplier to Customer T&Cs as published on the Delishops Wholesale platform
  • You are responsible for ensuring VAT is treated correctly for your products within the Delishops Wholesale platform
  • If Clicbox deems your product and company information inaccurate or out of date the Delishops Wholesale platform may delist you.
  • If you do not deliver and maintain your company and product data in a timely manner the Delishops Wholesale platform may delist you
  • You will abide by your Supplier to Customer T&Cs
  • You will not act in contravention to nor frustrate the application of Clicbox to Customer ToU neither in your actions nor in your Supplier to Customer T&Cs
  • This agreement is non-transferable by the Delishops Supplier

3.3. Clicbox’s responsibilities within this agreement

  • Clicbox owns and manages the Delishops Wholesale Platform
  • Clicbox will provide you with an access portal for your products and to customise your site presence
  • The Delishops Wholesale platform will manage the online Customer experience, including publishing information on the product, delivery, price, Suppliers, Markets and Retailers.
  • Clicbox receives payment from customers, and forwards to you the amount net of Clicbox Commission and Retailer Commission plus VAT (if you are VAT registered) by BACS
  • Clicbox will promote the Delishops Wholesale Platform to bring customers to view your products. Clicbox can not guarantee customers will purchase your products.
  • Clicbox will from time to time promote individual products or Suppliers as it sees fit.

4.    Intellectual property and data ownership

4.1. Intellectual property

  • The Supplier allows Clicbox and its successors to use without charge any content provided by the Supplier excluding its brand for promotional activity on the platform
  • The Supplier agrees to allow its brand to be used for promotional purposes for their products specifically and Delishops in general subject to (iii) below
  • Should the Supplier completely withdraw its consent for Clicbox to use its brand for promotional purposes, Clicbox may de-activate the Supplier
  • The Supplier consents for Clicbox to promote the Supplier or the Supplier’s products online or off-line
  • The Supplier consents for Clicbox and Delishops Retailers to use such content and imagery submitted to Clicbox by the Supplier to promote the Supplier’s products
  • Use of Clicbox content, logo and imagery
  • Suppliers are encouraged to promote their products as being available on the Delishops Wholesale platform and may use the Delishops logo to promote this
  • Guidance how to use the Delishops logo are within the Delishops Wholesale platform User Guide
  • Delishops reserves the right to withdraw our consent for use of their logo imagery and content anywhere at any time for any period
  • Suppliers are prohibited from using the Clicbox or Delishops name, content, logos or imagery to promote themselves or their products away from the Delishops Wholesale platform or in any way that reduces or damages the potential income on the Delishops Wholesale platform

4.2. Customer data

  • Customer data is owned by Clicbox
  • Suppliers can use the customer data accessible from the Delishops Wholesale Platform to promote their businesses to their wholesale Customers of the Delishops Wholesale platform
  • Suppliers are prohibited from passing on any data from the Delishops Wholesale platform free or for a fee to any other party

5.    Insurance and indemnity

  • You as a Supplier will be adequately insured for all your activities within the Delishops Wholesale platform
  • You will provide evidence of your insurance for each period of cover
  • You as Supplier indemnifies Clicbox against any claim or other loss resulting from your service or products supplied to Clicbox Customers
  • You the Supplier will comply with any reasonable requests from Clicbox regarding preserving, maintaining or promoting the reputation of the Delishops Wholesale platform

6.    Commissions and Charges

6.1. Subscriptions

You the Supplier will pay the subscription published on the Delishops Wholesale Platform according to the level of services requested

6.2. Assisted Set Up Charges for Suppliers

You the Supplier will pay the assisted setup fee if selected and separately agreed to this document

6.3. Commissions

  • Suppliers will pay 10% commission on sales through the Delishops Wholesale Platform
  • Charges are on transactions excluding delivery fees if charged to the customer and VAT if applicable
  • VAT will be chargeable to Suppliers on Clicbox Commission

7.    GENERAL

  1. Clicbox to Supplier Link Agreement is dated 01 November 2018
  2. Clicbox Ltd Company registration number 10325822 , VAT registration number 248 8660 62. The registered company address is Glynde Combe Ranscombe Lane Glynde Sussex BN8 6RP
  • The Clicbox to Supplier Link Agreement is governed by English law and all parties submit to the exclusive jurisdiction of the English courts should the need arise
  1. Clicbox reserves the right to revise this Clicbox to Supplier LA. A new LA will be published online

 

For any further questions contact support@delishops.co.uk