These terms and conditions regulate the legal relationship between you and us. By using our Website in any way, or by becoming the Member, you agree to be bound by them.
No person under the age of 18 years or incompetent to enter into a legally binding contract may use our website for sale and purchase of the items.
We are: Tracey Kifford and Huw Kidwell collectively trading as "WowThankYou" (hereinafter referred as / "we" / "us" / "our"), with its operations office at 5 Franklin Place, Fairfield Park, Stotfold, Hertfordshire SG5 4GT, UK.
You are: visitor to our Website / a Member.
We run www.wowthankyou.co.uk which offers an online meeting platform for both Online Purchasers and Sellers throughout the territory of the United Kingdom by the way of allowing display of items for sale by the Sellers to be purchased by the Online Purchasers. Sellers can advertise their products and Online Purchasers can search through our Website to find required products from the Sellers.
The website is an online shop where products can be chosen and then paid directly to the Seller. We provide a retail site where Sellers can display a range of their products under different categories on the Website. The products can be placed in a basket and then purchased through Paypal by the Online Purchasers. We will hold no stock and items will only be delivered direct from the Sellers. We will carry some advertising (paid for by money and also in kind for links and publicity for agreed price). We will also carry Seller profiles and other items of interest for the reference of the Online Purchasers. The Sellers will undertake to deliver the products to the Online Purchasers to remain responsible for collection of sales price, after sales services, returns (according to the distance selling regulations) and any problems the Online Purchasers may bring up.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions.
"Seller(s)" means the person or an organisation that uses the Website for offering its products to the Online Purchasers;
"Member" means either a Seller or an Online Purchaser;
"Online Purchaser(s)" means the person who uses Website for the purpose of purchasing a product from the Seller; "Registration" means the process that each of the Online Purchasers or Sellers needs to complete in order to avail the Services;
"Services" means the Services which we have agreed to provide to the Members as per the terms of this document;
"Website" means www.wowthankyou.co.uk.
You now understand and acknowledge that by completing the registration process you are entering into an agreement with us and that you accept these terms and conditions. If you do not agree to any of these terms, please do not use the Website.
These terms apply (so far as it may be relevant) not only to Members but to all visitors to the Website. If you visit the Website, you are deemed to have accepted these terms and conditions.
These terms do not govern the contractual relationship between us and any business partner, advertiser or affiliate, other than in his/her capacity as a Website visitor or Member. If you want to join as a Seller, you will be subject to some additional terms that we may communicate to you from time to time in addition to these terms.
We reserve the right to:
change these terms or any part of them;
change the appearance and design of the Website, including removing or discontinuing any content or feature of the Website; or
impose or change fees, charges or other conditions for use of the Services or parts thereof.
When you register yourself as a Seller or Online Purchaser on the Website, you are allowed to avail the Services. All the products of the Sellers are reviewed by our editorial team before they are published on our Website. We reserve the right to edit the description of the products if they appear misleading.
All Members must provide the following information at the time of registering over the Website:
Your Username Chosen password Email address Type of member: Seller or Online Purchaser Member type: Individual or Company Company name (if Company) First name Surname Address Town/City Postcode Phone number Mobile number
The aforementioned list is not conclusive and we reserve the right to ask for additional information on or after the Registration.
As a Member, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your user name and password.
You agree to accept responsibility for all activities that occur through your account or password. You should tell us immediately if you believe some person has accessed your account without your authority or logged in to your account and changed your password.
You agree not to assign, transfer, or authorise any other person to use your membership. If you try to do so, we have the right to terminate your membership.
We reserve the right to suspend or terminate your access to the Website due to a breach of any or all of these terms on your part.
You agree to subscribe to our newsletter and other informative mails that we or any third party may send to you from time to time at no charge. You may unsubscribe to any such newsletter or periodical informative mails by opting to discontinue such subscription.
You will not use the Services in a manner which violates any national or international law or regulation, or which fails to comply with accepted internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use our services to gain unauthorised access to any other computer system.
You will immediately notify us of any security breach or unauthorised use of your account. You will not interfere in any way with another user(s) use of our services. You will not resell, rent, lease, grant a security interest in, or make commercial use of our services without our express written consent.
We will try to ensure that Website is continuously available and all the services offered are available on it. But we accept no responsibility for the consequences of interruptions or delays and its consequences, however caused.
We are not liable for any loss or damage suffered by you as the result of your use of this Website including any loss of future earnings, profit or prospects or any consequential or speculative loss.
We have no control on the pricing of the products that Sellers may offer. Payment will be taken by the Sellers via PayPal.
We are not responsible for any payment made to the Seller by the online Purchaser. The financial information is used to obtain payment for goods you have ordered from us. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider, PayPal. Such information is automatically encrypted, and later decrypted for use. It never touches our system.
You will pay all sums due under these terms by the means specified without any set-off, deduction or counterclaim.
The Online Purchaser is responsible for paying all agreed costs associated with a purchased product through the Website as stated in the invoice. An Online Purchaser must pay the amount due in full within 14 days of purchase. If the purchases are not paid in full, the Seller risks penalties such as the suspension of privileges and/or termination of the account.
If you want to exercise your right of returns of the product under the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you must inform the concerned Seller about your intention with the reason of cancellation in writing within the period of 7 days from the delivery of the product. This is known as a "Cooling Off Period". This right is not applicable in case of products made to your personal specifications or personalised for you. As we are not the Seller of the products, we do not owe the responsibility of this return and refund. You must take care of the goods and return them to the Seller in this case, (you may have to pay for the costs of returning the goods) or make them available for collection.
You will not disclose any information that was provided to you by us and you will use your best efforts to respect these terms. We supply the information for your personal use and it must not be directly or indirectly used for any commercial purpose including but not limited to resale or further distribution to a wider audience;
You will be solely responsible for the any purchase and advice from the Seller and verification and handling of their identity and other information delivered to you or displayed over the Website relating to that Seller. We have no control over the accuracy of any posting on the Website or transmission through it by Seller. In addition we will make no effort to verify the identity of any of the Sellers;
You shall indemnify and keep indemnified us against all costs, claims or liabilities incurred by us and arising out of any engagement of the Seller and/or as a result of any breach of these terms by you. We shall not be liable to you in connection with this agreement for any indirect or for consequential loss or damage or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity due to any kind of dealing with the Seller by you;
You understand when you register with the Website, you will be asked to provide us with certain information including that of personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.
You agree that our role is only to introduce you to the Online Purchaser. We do not guarantee any purchase or other kind of engagement by the Online Purchaser which will depend upon the absolute discretion of the Online Purchaser. If selected for your product, you will be with the contact with the Online Purchaser without any liability upon us.
You understand that you are not our agent, employee, partner or in any other relationship and you do not have authority to enter into any commitment on our behalf unless specifically authorised in writing by us;
You are from the UK and offer the products made within the territorial limits of the UK only and which are not mass produced. The products must also be your own products, which mean that you are not selling them on behalf of someone else;
You undertake to hold adequate cover of public liability insurance at all times during applicability of these terms in your case;
The offered products may not be illegal such as weapons, knives, in addition to alcohol, tobacco or any other drugs or intoxicants;
Safety and quality of sale items is of the utmost importance. Your products will comply with the applicable health and safety requirements under the UK and EU laws. Product descriptions must include any warnings that are necessary, an example of this is the sale of toys (age ranges, i.e., not suitable for under 3 yr olds) or if soft toys have buttons for eyes this must be warned about. The materials used for producing goods must be legal and safe under all required UK and EU safety requirements;
Return of products must be advised to us before they are sent to the Online Purchasers. We will advise them and provide a returns number.
The Sellers will have the option to add their own terms for delivery if they want (these will relate to breaks they take for holidays and also delivery times). Delivery times (estimated) will be given on the Website and these will extend to timescales for bespoke items as well. Delivery must be made by a trackable delivery service, either Recorded or Special Delivery, Parcel Force or other courier;
You will not mislead the Online Purchasers with the false or misleading description of the product or the product that you do not stock;
You have supplied and will continue to supply true and correct information about yourself for the purpose of these terms. You further undertake that you have all authority experience of dealing in the products as displayed on the Website. All the certificates and information as may be required in support of your undertaking will be self verified by you to be true and correct;
You will indemnify us for any breach of these terms on your part in addition to any other terms that we may communicate to you from time to time;
You understand when you register for the Website, you will be asked to provide us with certain information including that of personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.
You will have the sole responsibility to verify the Online Purchasers' identity, credentials and other relevant information delivered to you by any Online Purchasers;
You undertake to supply the products as per the governing law in the United Kingdom. You also undertake to hold any registration and a valid licence from appropriate authority or authorities as may be application for your business.
The Sellers may list their products anywhere else, even on competing websites, but not at a price that undercuts the prices listed on the Website.
You understand and agree that we retain the right, at our sole discretion, to terminate any and all part of the Services without any refund under appropriate circumstances on immediate notice to you. We may terminate your access to and use of the Website if, you are determined to have breached these terms and conditions or our instructions that we may issue from time to time. The cause for such termination shall include, but not be limited to:
breaches or violations of these terms (as amended upto date) in addition to other instructions or guidelines that we may issue from time to time;
requests by law enforcement or other government or regulatory authorities;
your violation of third party copyrights or other intellectual property, such as, but not limited to, pornography, obscene or defamatory material, hate or inciting violence or sending spam messages via our messaging system or messages containing advertisements for third party services.
If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate:
facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities, and
bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity.
Notwithstanding termination of this relationship for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of the Website;
You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so;
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
accessing data unlawfully or without consent;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
sending of junk mail;
taking any action in order to obtain services to which you are not entitled.
Policy relating to intellectual property and link exchange
Title, ownership rights, and intellectual property rights in all contents and material that is part of, contained in, or accessed through the Website and provided either by us or by any other Member of third party shall remain the sole property of us or any other content provider, as the case may be. You acknowledge and agree that certain brand, products, services or business names contained within the Website may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties of all countries.
We respect the intellectual property of others, and we expect you to do the same. We may, in appropriate circumstan ces and at our discretion, terminate the account or access of Members who infringe the intellectual property rights of others.
If you become aware of any misuse including offensive content and any intellectual property policy breach, please contact us.
The Website may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. All trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.
You agree to defend, indemnify and hold harmless us, our Online Purchaser corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from:
your failure to comply with the law of the UK;
the posting by you of any content on the Website;
your violation of any third party right, including without limitation any copyright, property, or privacy right;
the posting by any third party with or without your knowledge of any material on your website;
any use of the Website for a purpose forbidden by these terms;
your violation of any of these terms;
any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
In no event shall we, our officers
, partners, employees, affiliates, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
errors, mistakes, or inaccuracies of content,
your dealing with any person through the Website,
any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
any interruption or cessation of transmission to or from our Website,
any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that we shall not be liable for the content that may be defamatory, offensive, or illegal conduct of any Member or third party and that the risk of harm or damage from the foregoing rests entirely with you.
You further agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us.
We do not have any direct involvement in transactions between the Members and as a result cannot control or guarantee any aspects of such transactions including the ability of a Seller to supply or an Online Purchaser to pay for any listed product. You will not hold us responsible for the actions or inactions of the Sellers and Online Purchasers or for ensuring that they actually complete transactions and their respective obligations. You further agree that we are not in the position of controlling or guaranteeing the quality, safety, morality or legality of neither any content on the Website nor any detail relating to the true identity, age or nationality of any Member.
We give no warranty, express or implied, as to the truth of any information given on the Website including the quality and suitability of the products in addition to text, usernames, artwork, images, graphics, photographs, data, craft process information and any links posted by any Member.
Much of the content provided on the Website is submitted (and thereby published) by the Members and third parties. We are under no obligation to vet, check or approve any such material. We further disclaim all responsibility for such content.
We take no responsibility for the wrongful use of any information published on our Website by any person. We provide the blog facility to the Members to facilitate direct communication in respect of any potential transaction. You understand that you use our service at your sole risk without any liability on our part. You are requested to use caution, common sense, and practice safe buying and selling when using the Website. Please do not assume that the offer, sale or purchase of any item is valid and legal simply because it is listed on the Website. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any content that you post on the Website
Information that you provide to us may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site. If this policy should change in the future (most unlikely), then we shall provide notification in advance, and the opportunity for all users to indicate whether or not they would prefer that we do not provide the information to third parties as proposed.
In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the Content available from this Website.
In these terms, unless the context clearly indicates another intention:
any reference to a person includes natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted,
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions,
Any notice or other information required or authorised by these terms and conditions to be given by either party to the other may be given by hand or electronic means to the other party at the address last provided for that type of communication. The service of notice shall be deemed to have been made on the second day of its transmission (except in case of electronic means where it is deemed to be made immediately),
No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision,
If any of these terms is at any time held by applicable jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of the applicable jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
Any dispute arising under or in connection with these terms shall be referred to arbitration by a single arbitrator appointed by us.
These terms shall be subject to the law applicable in the United Kingdom. The parties hereby waive any other jurisdiction to which they may be entitled by reason of their present or future domicile or for any other reason.