Terms & Conditions
1.2If you are under the age of 18, please make sure that a parent or legal guardian (“Your Adult”) reads these Terms and explain any bits to you that you don’t understand. You must have Your Adult’s permission to use the Platform and unfortunately only Your Adult can set up accounts with us and make purchases with us.
1.3Please read these Terms carefully before you use our Services. By using our Services, you confirm that you accept these Terms and agree to be bound by them.
2 ABOUT US
2.1 2.1 We are Smart Price Hunter Limited, a company incorporated in England and Wales. Our company number is 0965517. Our registered address is 6 Crystal Way, Harrow, Middlesex, HA1 2HP, United Kingdom.
2.2 The Services we provide on the Platform include helping you hunt for and compare the prices of construction industry and other products (we’ll refer to them as “Products”) sold by third party merchants (we’ll refer to them as “Merchants”) and in certain circumstances facilitate your purchase of those Products from such Merchants.
2.3 2.3 You acknowledge that we do not have possession of any Products that we list on the Platform and that we are not party to the contract under which you purchase the Products; your purchase is from the relevant Merchant. To be clear, even where we help to facilitate your payments to Merchants, you purchase Products directly from the relevant Merchants under a contract between you and the Merchants (we call it your “Purchase Contract”).
2.2 2.4 If you have any questions about these Terms or the Platform, or would like to contact us for any reason, please do so using the following details:
3ACCESS TO AND USE OF OUR PLATFORM
3.1There is currently no charge for your use of the Platform, although you will of course be charged by Merchants for the Products that you buy via the Platform. You agree that we can change this at a later date as long as we let you know in plenty of time before we start charging for use of the Platform.
3.2You agree that we can make any changes to the Platform that we want to and that we can stop making the Platform available or limit access to it at any time. We do not have to tell you before we do this.
3.3Anything that you may need to be able to access the Platform, such as computers, mobile devices or internet access, is your responsibility and we don’t have to provide any of this equipment for you. You are also responsible for ensuring that no person uses your equipment to access the Platform without your permission. We will be entitled to assume that anyone who accesses the Platform using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons while using your equipment.
3.4You must not attack the Platform with any nasty viruses or other things that might be harmful to the Platform or any of our users. Any hackers or other trouble makers may be reported to law enforcement authorities.
4.1You may visit the Platform and browse, search for and compare Products as an unregistered visitor but you must register for an account with us in order to purchase Products from Merchants via the Platform (we call this your “Account”).
4.2You have to be 18 years or older to create an account, so if you’re under 18, you will have to ask Your Adult to set up their own Account for you.
4.4Your Account is personal to you and so you must keep your username and password confidential, and must not disclose it to any other person or entity.
4.5If you think that someone other than you has accessed your Account without your permission or if you lose your username or password, you must let us know immediately using the details set out at paragraph 2 above.
5 PURCHASING PRODUCTS VIA THE PLATFORM
5.1As part of the Services that we offer, you can purchase Products that you have searched for via the Platform. There are two ways by which you can make such a purchase, either:
5.1.1you will be redirected to the site of the Merchant(s) selling the Product(s) that you have selected, in order for you to complete your payment directly with the Merchant (Purchase Scenario 1); or
5.1.2we will facilitate your payment via the Platform on behalf of the Merchant(s) selling the Product(s) that you have selected (provided that you have an Account with us) (Purchase Scenario 2).
5.2Regardless of whether you purchase Products by means of Purchase Scenario 1 or 2, your contract for purchase of the Products will be between you and the Merchant selling the Products. Merchants that you purchase from will have their own terms and conditions which will apply your purchase of Products from them via the Platform (we refer to these as the “Merchant Terms”). You must ensure that you refer to and are familiar with the Merchant Terms before completing your purchase. The Merchant Terms will set out key terms about the Products and your purchase of Products, including delivery, refunds and complaints.
5.3In Purchase Scenario 1, your Purchase Contract will be formed once you complete your order from the Merchant in accordance with the purchase process as outlined on the applicable Merchant’s site and in accordance with their Merchant Terms.
5.4In Purchase Scenario 2, your Purchase Contract will be formed as follows:
5.4.1browse, compare and select Products that you would like to request to order via the Platform, by adding them to your Smart Price Hunter “Shopping Basket”;
5.4.2once you have all of the Products that you would like to order in your Shopping Basket and are happy with the applicable Merchant Terms of the Merchant from whom you are purchasing, proceed to complete your order by clicking “Proceed to Purchase” and submit your preferred payment method;
5.4.3your order is only accepted, and a Purchase Contract formed subject to the Merchant Terms, once the applicable Merchant confirms your order by sending you email confirmation of your Purchase Contract, together with your invoice; and
5.4.4if a Merchant is unable to accept your order, perhaps because the Product you’ve requested isn’t available, because your payment failed, or because they don’t sell in your territory, we or they will let you know by email and obviously won’t charge you. However both we and Merchants reserve the right to reject orders in our sole discretion.
5.5Please note that whilst we may assist in processing your Purchase Contract payments on behalf of Merchants, we are not able to issue VAT invoices in respect of Products purchased under a Purchase Contract; these will be provided to you by the Merchant.
5.6We use currently use the Stripe payment application (which we will call Stripe) to process any Purchase Contract payments made to Merchants via the Platform but we reserve the right to change this in the future. Stripe is operated by third party payment service provider Stripe Payments Europe, Ltd. (www.stripe.com">).
5.7Your Products will be delivered by the Merchant to the delivery address you provided when you completed your order and in accordance with the timeframes and criteria set out in the applicable Merchant Terms.
6 PRODUCT PRICING
6.1All Products that we display on the Platform are priced in Pounds Sterling by the applicable selling Merchant, inclusive of VAT, unless expressly stated otherwise but are subject to availability.
6.2The costs of the Merchant’s delivery will be as set out in the Merchant Terms and will be made clear to you when you make an order but you understand that these will be borne by you.
6.3You acknowledge and accept that we do our best to make sure that Product and pricing information is current and complete but you understand that this information is provided to us by the Merchants and that we cannot liable for inaccurate or out of date information. It is possible that, despite our efforts, Product prices may be wrong from time to time; if that is the case, we will do our best to contact you for your instructions before we process your order and payment.
6.4We may update, and reserve the right to update, Product information, prices and delivery charges from time to time if asked to do so by the Merchants but these changes won’t affect any existing Purchase Contracts.
7 REFUNDS, CANCELLATIONS AND COMPLAINTS
7.1You have certain rights to cancel your Purchase Contract and receive a full refund for any reason from the date you place your order until the expiry of 14 days from the day that you (or someone on your behalf) receive the Products. As your Purchase Contract is with the Merchant, if you would like to exercise your right to cancel your Purchase Contract, you must contact the Merchant and follow the cancellation process as set out in their Merchant Terms.
7.2Similarly, if you have any questions or complaints about the Products that you have received under your Purchase Contract, if your Products are faulty or not what you ordered, you must contact the Merchant using the details set out in the applicable Merchant Terms or in the invoice provided to you by the Merchant.
7.3If you have any questions or complaints about our Services or the Platform, feel free to get in contact with us at the details set out in paragraph 2 above.
8THIRD PARTY LINKS AND RESOURCES ON OUR PLATFORM AND LINKING TO OUR PLATFORM
8.1You understand that the Platform contains links to other sites and resources provided by third parties not under our control, including links to third party Merchant sites. We also have no control over the content of such sites or resources available on them and so cannot be responsible or liable for them or the content or resources on them in anyway.
8.2Links to third party sites do not necessarily imply that we are or that the Platform is affiliated or associated with such third party sites. If you do decide to visit any other Platform, you do so at your own risk but should be aware that other third party sites may have their own terms and conditions, which we suggest you read carefully before proceeding.
8.3You may link to any page of the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not frame the Platform on another or establish a link in such a way as to suggest that we might be associated with another third party or Platform where we’re not.
8.4You agree that we can withdraw linking permission to the Platform at any time and we do not have to tell you about this before we do so.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of all intellectual property rights in the Platform and in any content, material, or services available on it, with the exception of any intellectual property rights in the Products which we display on the Platform on behalf of Merchants.
9.2 You must not use any content from the Platform for commercial purposes without our permission.
9.3 If you copy or use any part of the Platform or the content, products or services made available through it in breach of the Terms, you will no longer have permission to use the Platform and, in addition to any other rights we may have, we can require you to return or destroy any copies of the materials you have made.
10 DATA PROTECTION AND PRIVACY
11 LIMITATION OF LIABILITY
11.1 In these Terms we do not exclude or limit our liability to you where it would be unlawful to do so. This includes death or personal injury arising from our negligence; fraud or fraudulent misrepresentation.
11.2 Subject to section 11.1, where it is permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform, Platform availability, our Services and any content on the Platform and will not be liable to you for any loss or damage (whether direct or indirect), including any caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your internet-enabled device, software, data or other proprietary material, even if foreseeable, arising under or in connection with your:
11.2.1use of, or inability to use, the Platform;
11.2.2use of or reliance on any content displayed on the Platform (including information about the Products and/or Merchants); or
11.2.3downloading of any content on the Platform, on any website linked to the Platform.
11.3Different limitations and exclusions of liability will apply to liability arising as a result of your purchase of any Products under a Purchase Contract, but this will be set out in the Merchant Terms of the applicable Merchant party to your Purchase Contract.
11.4We have no liability to you for any loss of profit, loss of business, business interruption, loss or loss of business opportunity.
12.1No one else has any rights under this contract against either us or you. This contract is between you and us. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms.
12.2You can’t transfer your agreement with us to anyone else without our permission.
12.3We may transfer this agreement to another organisation but we will let you know if we plan to do this and will ensure that the transfer will not affect your rights under the contract.
12.4If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
12.5If a court or regulator finds any part of these Terms illegal, invalid or otherwise unenforceable regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
12.7You agree that you will not have any remedy in respect of any untrue statement (whether made innocently or negligently) made to you upon which you relied in agreeing to these Terms other than any remedy you may have for breach of the express terms of these Terms.
12.8These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law. To the extent that the law in which you are resident permits you agree to submit to the non-exclusive jurisdiction of the English courts.
13 CHANGES TO THESE TERMS
13.1We may make changes to these Terms from time to time. If we do this we will update the page where these Terms are available or, we will notify you via email of any changes that are significantly material to you. You continued use of our Services will be subject to the new terms either from the date we notify you or on the date that we update them on the Platform in the case of immaterial changes.
Last Modified: 11th April 2016