www.wantedbazaar.com (our site) facilitates an exciting and convenient way to buy goods over the Internet and is operated by Wanted Bazaar Limited. We provide an online classified advertisement (ad) facility vehicle through which traders can sell and customers can buy goods and traders can buy slots to direct ads to customers and wanters (people wanting to buy goods) can buy slots to direct their needs to traders. (Services).
This page (together with our [www.wantedbazaar.com/privacy-policy], [www.wantedbazaar.com/terms-of-website-use] and [www.wantedbazaar.com/acceptable-use-policy]) tells you information about us and the legal terms and conditions (Terms) on which we provide Services via our site to you.
These Terms will apply to any contract between us for the provision of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 11. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.wantedbazaar.com. We are Wanted Bazaar Limited, a company registered in England and Wales under company number 12322418 and with our registered office at 1 Wood Street, Bolton, England, BL1 8EB. Our main trading address is 1 Wood Street, Bolton, England, BL1 8EB.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 12, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form [INSERT LINK TO FORM] on our website. A link to the website cancellation form will be included in our Order Confirmation. Upon receipt of your cancellation form we will e-mail you to confirm we have received your cancellation.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01204 392937 or by e-mailing us at orderandenquiries@wantedbazaar.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 01204 392937 or by e-mailing us at business@wantedbazaar.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 21.3.
2. USE OF OUR SITE
Your use of our site is governed by our [www.wantedbazaar.com/terms-of-website-use] and [www.wantedbazaar.com/acceptable-use-policy]. Please take the time to read these, as they include important terms which apply to you.
3. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our [www.wantedbazaar.com/privacy-policy]. Please take the time to read our [www.wantedbazaar.com/privacy-policy], as it includes important terms which apply to you.
4. REGISTRATION AND QUALIFICATION TO USE OUR SERVICES
4.1 You are required to register with us by completing the registration form on our home page and submitting it to us.
4.2 On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.
5. OUR ROLE
5.1 Our site is a place for potential customers to place ads and for traders to find customers for their goods. We do not have and never intend to have any contractual involvement in your transactions and at no stage buy or sell or purport to buy or sell any of the products displayed on our site.
5.2 Any disputes between buyers and sellers are just that: we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.
6. TERMINATION
6.1 Wanted Bazaar Limited has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
(a) act inconsistently and in breach of these terms and conditions;
(b) at any time violate or attempt to violate any rights of any other user of the Services or third party;
(c) are engaged in any fraudulent activity; or
(d) fail to make any payments due to us in accordance with these terms.
7. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
8. IF YOU ARE A CONSUMER
This clause 8 only applies if you are a consumer.
8.1 Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use our Services.
8.2 Any individuals who are unable to form legally binding contracts are prohibited from using our Services.
8.3 By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
9. IF YOU ARE A BUSINESS CUSTOMER
This clause 9 only applies if you are a business.
9.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.
9.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
9.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
9.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
10. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
10.1 Our place an ad pages (options available for both ‘wanters’ and sellers) will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
10.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 10.3.
10.3 We will confirm our acceptance to you by sending you an e-mail that confirms that your ad is ready to be uploaded to our site ad page (ad listing page, where all ads for the particular category can be viewed) (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
10.4 If we are unable to accept your order for any reason, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
11. OUR RIGHT TO VARY THESE TERMS
11.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
11.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
11.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
11.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, we will arrange a full refund of the price of the Services you have yet to receive.
12. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 12 only applies if you are a consumer.
12.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 12.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive our Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the Order Confirmation.
However, this cancellation right does not apply if you click the link in our Order Confirmation instructing us to upload your ad before the deadline for cancellation.
12.3 To cancel a Contract, you just need to let us know that you have decided to cancel by completing the cancellation form [INSERT LINK TO FORM] on our website. A link to the website cancellation form will be included in our Order Confirmation. Upon receipt of your cancellation form we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at orderandenquiries@wantedbazaar.com or contact our Customer Services team by telephone on 01204 392937. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before midnight on the last day of the cancellation period.
12.4 If you cancel your Contract and have paid a listing fee we will:
(a) refund the listing fee to you; and,
(b) make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
12.5 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
12.6 Because you are a consumer, we are under a legal duty to supply Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to Services that are defective or not as described. These legal rights are not affected by your right of refund in this clause 12 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. LISTING OF ADS
13.1 We will contact you with an estimated date upon which your ad will be uploaded to our site, which will be within 24 hours after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our ability to upload your ad to our site may be affected by an Event Outside Our Control. See clause 20 for our responsibilities when this happens.
13.2 Once your ad is uploaded to our site will remain listed on the site until:
(a) the listing time specified by you in your order expires; or
(b) we receive written notice via fax or email from you that you wish to de-list it.
13.3 A ad will be de-listed on receipt by us of written notice via fax or email from you that you wish to de-list it, but where a listing fee has been paid with respect to an ad we will retain that listing fee.
This clause 13.4 only applies if you are a consumer.
13.4 If we miss the deadline for uploading your ad to our site then you may cancel your Order straight away if any of the following apply:
(a) we have refused to upload your ad;
(b) uploading your ad before the deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that uploading your ad before the deadline was essential.
13.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 13.4, you can give us a new deadline for uploading your ad, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
13.6 If you do choose to cancel your Order for failing to upload your ad under clause 13.4 or clause 13.5, we will refund any sums you have paid to us for the cancelled Services.
14. LISTING FEES
14.1 The listing fees for ads (listing fees) will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that listing fees are correct at the time when the relevant information was entered onto the system.
14.2 Listing fees may change from time to time, but changes will not affect any order you have already placed.
14.3 Listing fees include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date on which your ad is uploaded to our site, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
14.4 It is always possible that, despite our reasonable efforts, some of the listing fees may be incorrectly stated on our site. If we discover an error in the listing fee applicable to your ad we will contact you [in writing] to inform you of this error and we will give you the option of continuing to list your ad at the correct listing fee or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
15. HOW TO PAY LISTING FEES
15.1 You can only pay for Services using a debit card or credit card. We accept the all major credit and debit cards.
15.2 Payment for the Services is in advance. We will not charge your debit card or credit card until we dispatch our Order Confirmation.
16. CONTRACTS BETWEEN BUYERS AND SELLERS
16.1 We do not have and never intend to have any contractual involvement in transactions between buyers and sellers.
16.2 Buyers and sellers must negotiate the price and other terms applicable to the contract for the sale and purchase of any goods via our site between themselves. In negotiating the price the buyer and the seller should agree who is responsible for any costs of delivery and any insurance costs.
16.3 Sellers are responsible for ensuring that they comply with all terms implied into the contract for the sale and purchase of the goods by law and any statute or regulatory requirement governing their dealings with the buyer.
16.4 Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
16.5 We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 17 only applies if you are a business customer.
17.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
17.2 Subject to clause 17.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.3 Subject to clause 17.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £20.
17.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
18.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
18.3 We only supply the Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
19. GENERAL RELEASE
19.1 As stated above, we act merely as an introductory service providing a forum allowing buyers and sellers to come together. Therefore we have no control whatsoever over the quality, legality or safety of any items offered for sale to a buyer in response to an ad or of any other characteristics upon which a buyer may rely, the accuracy of any description given in respect of such items or the capacity of any seller or any buyer to transact.
19.2 Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
19.3 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
19.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Services you have already received and we will refund the price you have paid, including any delivery charges.
21. COMMUNICATIONS BETWEEN US
21.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
21.2 If you are a consumer you may contact us as described in clause 1.2.
21.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
22.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.8 If you are a business, we both 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 a Contract or its subject matter or formation (including non-contractual disputes or claims).
22.9