Ts&Cs

WYLDE - CUSTOMER TERMS AND CONDITIONS

BY VISITING AND/OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS.

It is hereby agreed

  1. About us
    1. Company details. Wylde Market Ltd (company number 13937769) (we and us), is a company registered in England and Wales and our registered office is at Unit 3, 18 Mereway Road, Twickenham, TW2 6RG. We operate the website www.wylde.market.
    2. Contacting us. To contact us email questions@wylde.market.
    3. Our Platform and purpose. We provide an online marketplace platform (Platform) through which customers can place an order (Order) to purchase food products (Products) from specialist producers (Producers). Such Orders are placed by you with the Producers, and we act as an agent on their behalf to conclude your Order via our Platform and arrange for delivery of the Products you have ordered to you.
    4. Scope of our relationship with you. The scope of the service we provide is limited to making the Platform available, acting as an agent to conclude your Order(s) with Producers, and arranging for the delivery of the Products you have ordered. The contract for the sale of the Products you have ordered is between you and the Producer who is selling those Products.
  2. Our contract with you
    1. Commencement and duration. The contract (Contract) between you and us for the provision of the services set out in clause 1.4 in accordance with these terms and conditions (Terms) shall commence on the date when you accept these Terms and shall continue until terminated in accordance with clause 10.
    2. Language.  These Terms and the Contract are made only in the English language.
    3. Account. You have the option to set up an account on the Platform, but this is not mandatory. If you do set up an account, you will be required to create a password and provide debit or credit card details. You must keep these account details safe and confidential. You will be responsible for any actions taken (including paying for Orders placed) by anyone using your account. We are not responsible to you for any losses you suffer as a result, unless we have caused the security of your account to be compromised.
  3. Placing an Order
    1. Minimum age. You must be aged 18 or older to use our Platform. By placing an Order through our Platform, you confirm that you are aged 18 or older.
    2. Placing your Order. Please follow the onscreen prompts to place an Order to purchase Products from Producers through the Platform. 
    3. Correcting input errors. Our order process allows you to check and amend any errors before submitting your Order. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.
    4. Placing an Order. Any request we receive from you to purchase Products through the Platform will constitute an Order and your acceptance of the relevant Producer’s offer to sell the Products at the price listed on the Platform, subject to these Terms. The contract for the supply of the Products you have ordered comes into existence at the point when you submit your Order. We will send you an email confirmation of your Order.
  4. The Products
    1. Allergens. Some Products will contain allergens, and some Producers may use allergens (including without limitation shellfish, molluscs etc.) in the preparation of certain Products. Increasing numbers of Producers will be displaying product by product allergens information but this cannot be guaranteed, and you purchase such Products at your own risk. We cannot guarantee that any of the Products sold by Producers are free of allergens.
    2. Images of the Products on the Platform. Any images of the Products on the Platform are for illustrative purposes only to identify the nature of the Products in question. The Products supplied may not be entirely identical or consistent with such images and the Products you receive may vary slightly from the image of the Products on our Platform.
    3. Weight of the Products. The Products may be listed together with details of their weight. The weight listed may not be specific, but within a weight range that may vary (for example, some Product listings can include a 500g weight variation).
    4. Packaging of the Products. The packaging of your Products may vary from any packaging that may be shown on images on our site or the Platform.
    5. Availability of Producers. Not all Producers will be available in your area, and we cannot guarantee that any Products will always be available or will be available at any particular time.
  5. Cancellation
    1. When you may cancel Orders. Due to the nature of the Products being sold, you may not cancel an Order once it has been placed.
    2. When we may cancel an Order. Either we or a Producer may cancel an Order at any time for any reason. In such circumstances, you will not be charged for the Order in question, and we will refund any money you have paid.
  6. Delivery
    1. Estimated delivery times. We will tell you an estimated delivery time for your Order at the time you place the Order. Any times quoted for delivery are approximate only.
    2. Delivery. Our couriers will attempt delivery at the address you provide to us when you place the Order. Please note that you cannot change your delivery address after an Order has been placed.
    3. If you cause delivery to fail. You will still be charged for the full value of your Order and for delivery if you cause the delivery to fail for any reason (for instance, without limitation, you are not at the location provided or are not able to be contacted at the time delivery is being attempted). If you are not at the location provided, the Products will be left at your address or returned to the Courier’s depot. The Products will be at your risk from this point onwards.
    4. We are not responsible for delays outside our control. If delivery of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the Order and receive a refund for any Products you have paid for but not received.
    5. When delivery is complete. Delivery is complete once the Products have been unloaded at the address for delivery set out in your Order, whether or not someone is there to receive them. The Products will be at your risk from that time.
    6. If we fail to deliver the Products. If we fail to deliver the Products, our liability is limited to providing you with a refund for the Products.  However, we will not be liable to the extent that any failure to deliver was caused by you (for instance in the circumstances described in clause 6.3) or where clause 6.4 applies, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
  7. Price of Products and delivery charges
    1. The price of the Products. The price of Products is set by the Purchaser. The prices of the Products you order will be as quoted on our Platform at the time you submit your Order. Otherwise, prices can change at any time at the discretion of the Purchaser. However, please see clause 7.4 for what happens if we discover an error in the price of the Products you ordered.
    2. VAT. The price of Products may be subject to VAT which may be payable in addition to the price, at the applicable current rate chargeable in the UK for the time being.
    3. Delivery charges. The price of the Products does not include delivery charges. Delivery charges are as advised to you during the sales process, before you confirm your Order. 
    4. Pricing errors. A large number of Products are sold through the Platform.  It is always possible that, despite our and our Producers’ reasonable efforts, some of the Products on the Platform may be incorrectly priced. If an error in the price of the Products you have ordered is discovered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your Order. Your Order will not be processed until we have your instructions. If we are unable to contact you using the contact details you have provided, we will treat the Order as cancelled and notify you in writing. If we mistakenly accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
  8. How to pay
    1. Taking payment via your card. Payment for all Products and deliveries can be made via the Platform by credit or debit card or such other payment method as is indicated on the Platform. Upon your Order being placed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to us acting as agent on behalf of the Producer only.
    2. Accepting payment on behalf of Producers. We are authorised by the Producers to accept payment on their behalf and payment of the price of any Products and delivery charges to us will fulfil your obligation to pay the price to the Producer.
    3. Keeping your details safe. It is your responsibility to keep your debit or credit card details up to date and ensure we have details for a valid payment method. If your details are out of date, we will not be able to process your Order and your Order will be cancelled without any liability to you.
  9. Our liability: your attention is particularly drawn to this clause
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights as a consumer.
    3. We are not liable for business losses. We only provide our services for domestic and private use. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  10. Termination and suspension
    1. Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, your use of your account and/or the Platform generally, or terminate the Contract with immediate effect by giving written notice to you, if you commit a breach of any term of the Contract.
    2. We may suspend your account or use of the Platform without liability to you if we reasonably believe it is being used by someone else or that its security has been compromised.
    3. You may close your account and terminate this Contract at any time via the Platform.
    4. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    5. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  11. General
    1. Data protection. We will process your personal data in accordance with our privacy policy which is available at the following link: [ PRIVACY POLICY].
    2. Assignment and transfer.
      1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
      2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    3. Variation.  We may vary the Contract from time to time by notifying you when you next log in to the Platform. We will either ask you to agree to the updated Terms before continuing, or we will give you a notice period during which you can notify us that you do not agree to the updated Terms, and if we do not hear from you during that notice period you will be deemed to have accepted the updated Terms and the Terms will be deemed updated from the end of the notice period. Any such changes will not affect any existing Orders that have been accepted.
    4. Waiver.  If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations.  If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    5. Severance.  Each paragraph of these Terms operates separately.  If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    6. Third party rights.  The Contract is between you and us.  No other person has any rights to enforce any of its terms.
    7. Governing law and jurisdiction.  These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.