Recommerce Ltd - Terms and Conditions of Sale Effective as of 01.10.2021

What these terms cover.
These Terms & Conditions of Sale (alongside our Privacy Policy and Terms of Website Use further below) set out the terms and conditions on which we supply smartphones, mobile devices, tablets, computers, accessories and other related products either via our communications directly with you or on our website domain; recomm.co.uk or any related subdomain.

These terms will apply to any contract between us for the sale of products to you or for any repairs we conduct for you or for your customers and will be referred to as the contract.

If you accept a quotation from us or purchase a product from this website, you are creating a “Buy Order”, and entering into a contract with Recommerce Limited for us to supply you the selected product(s).

Our terms outline our conditions should we choose to purchase products from you and when a contract is formed.

If you accept a Repair quotation from us, then you are entering into a contract with us for the repair of the product(s) and the replacement of parts where required as specified on the quotation.

Warranties. These shall be provided on our website or any quotations issues in writing.

Why you should read them. Please read these terms carefully before you submit or place your order to us. These tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.

These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods or Services (whichever happens earlier) and will constitute the entire agreement between us and you.

You should print a copy of these Terms for future reference. These Terms, and any Contract between us, are only in the English Language.

  1. Information about us and how to contact us.
    1. This website is owned by and operated by Recommerce Limited, a company registered in England and Wales under company number 10775061 and with registered office at Suite E, Floor 1, Apollo Centre, Desborough Road, High Wycombe, Bucks, HP11 2QW. Our VAT number is GB 270411831.
    2. To contact us, please see our Contact us page at on the website. Our call centre will assist you with any order related questions and is open Monday to Friday between 8.30am and 5.30pm, except public holidays.
    3. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

  2. Use of our website
    1. Your use of our website is governed by our Terms of Website Use below. Please take the time to read these, as they include important terms which apply to you.

  3. Placing an order
    1. You may only purchase products from us if you:
      1. Are a business or sole trader and have registered a trade account with us. You must provide your business name and correct address, phone number, work email address, payment details, tax status and other required information during our new account registration process.
      2. You must be an authorised representative of the business and at least 18 years old;
      3. Provide a delivery address.
      4. Have registered with us and have been provided a trade account or;
        1. Are the owner or authorised holder of a valid debit/credit card to purchase the product(s) or services if paying with a debit/credit card; and
      5. Are registered with a payer authentication scheme such as Verified by Visa and/or MasterCard Secure Code (“Payer Authentication Schemes”) if paying with a Visa or MasterCard.
    2. You may place an order by telephone, email or via our website by clicking on the by clicking “Place Order” button. On the checkout page you will be required to confirm your delivery address prior to completing checkout.
    3. Your account had not been put on hold by for any reason by us.

  4. How the contract is formed between you and us
    1. When you purchase products from us Our acceptance of your purchase order will take place when we email you to accept it, at which point a contract for the sale of products will come into existence between you and us.
    2. 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.
    3. After you place an order, we will send you an acknowledgement e-mail (known as “Order Confirmation”) with your order number and details of the product(s) you have ordered. Please note that the Order Confirmation is an acknowledgement that we have received your order, not an acceptance of your order.
    4. Our acceptance of your order for product(s) and the formation of the contract of sale between us and you will take place when we send you an email that confirms that the products have been despatched (known as “Order Despatch”). You have the option to cancel your order at any stage before we have sent the Order Despatch by contacting our call centre.
    5. If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price as referred to below, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.
    6. Should the products and/or Services not be available, within 30 days of the Order Confirmation, we reserve the right to cancel your order and refund any payment made by you in full as soon as possible.
    7. When you sell products to us (Buyback Orders) If we are buying from you, we will provide a Purchase Offer. This is an estimate of the purchase value of the items you have offered us for sale. Whilst your terms of sale will apply to the order, our acceptance of the Purchase Offer will not be confirmed until we have received and evaluated the stock. Formation of the purchase contract shall occur on receipt of an email from us confirming our validation and acceptance of the Purchase Offer. If we disagree with the grading or quality of stock, we will inform you in writing of our revised offer.
    8. When you send devices to us for repair The contract for our repair service shall be formed once you email us to confirm in writing the acceptance of our repair quote. On this basis we shall commence the repair job. After your acceptance you shall not be able to cancel the repair job, as parts and labour will have been purchased and allocated.

  5. Buying from you
    1. You must own all rights, title and interests in any phone(s) and/or devices (inc. Tablets, Watches, Gaming and Laptops) that we purchase from you or your customers. Ownership of the device(s) will pass to us when we have dispatched payment or raised a credit note on your account for the items.
    2. As part of our standard process we will provide a full data wipe on the devices received.
      1. You are responsible for cancelling any airtime contract linked to each device. We are not responsible for any call costs arising before, or after, receipt of your device, or arising from any other circumstances whatsoever. Please ensure you remove your SIM card before sending us your device. We accept no liability in the event that a SIM card is sent with a device and charges are then incurred. You shall continue to be responsible for such charges. Any SIM cards received by us are non-returnable.
    3. Selling a mobile phone or device which you do not own may amount to a criminal offence. We adhere to the 'Stop Stolen Mobiles Being Recycled' code of practice set by the Home Office and the National Mobile Phone Crime Unit. We will check the IMEI/Serial number of all mobile phones and devices received on the CheckMEND (www.checkmend.com) database of lost and stolen property records to ensure no lost or stolen items are purchased. If a mobile phone or device is found to have a record that indicates it has been lost or stolen or we become aware of any other issue relating to its ownership, we will notify the seller by email and quarantine the mobile phone or device for an initial period of 28 days ("the Quarantine Period"). Payment for the mobile phone or device will be withheld by us until the CheckMEND record does not show the mobile phone as stolen or lost. In such circumstances you will be required to contact CheckMEND to prove that you are the rightful owner of the mobile phone or device and have the lost or stolen records associated with it cleared within the Quarantine Period and/or resolve any other issue relating to its ownership. If during the Quarantine Period the mobile phone or device is cleared on the CheckMEND database and any other issue relating to ownership of the same is resolved, your sale will be processed and paid for as normal. However, where the mobile phone or device is not cleared on CheckMEND within the Quarantine Period, we will be required by law to hold onto the mobile phone or device, pass it to the Police or other law enforcement body or dispose of it, and by entering into this contract, you expressly agree to this action. You will not receive any payment if such steps are taken. UK legislation states that we cannot under any circumstances return or pay for a mobile phone or device which is lost, stolen or recorded as such unless endorsed in writing by CheckMEND and by such you agree to pay any return costs involved. If you have received payment from us for a mobile phone or device which we subsequently become aware of an issue relating to ownership, you agree to immediately reimburse us in full, within 3 business days following a written request by us, for any such payment pending an investigation by us or any law enforcement body into ownership of the device or mobile phone. We shall be entitled to set-off any sums properly due and owing to us under any contract made between you and us incorporating these terms and conditions against any sums owed by us to you under the same or any other contract between us. We will inform you in writing of any set-off carried out by us pursuant to this provision. If we at any time become aware of any issues relating to the ownership of the mobile phone or device, you agree to co-operate with us fully with a view to resolving the issues. You may also be contacted by the Police and/or other law enforcement authorities. We may disclose seller details to the Police or other authorised bodies (such as, but not limited to, network operators and insurance companies) for the purpose of investigating or preventing a crime. By entering into this contract you agree to us supplying data to the police or other authorised bodies for the purpose of the prevention and detection of crime, arrest and prosecution of offenders or for the recovery of stolen property.
    4. Events Outside of our Control. 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 events outside our reasonable control or due to our compliance with any applicable laws or regulations.
    5. Apple and Google Activation Lock / iCloud. If your device(s)are locked, we will contact you with instructions on how to remove the lock. If the device cannot be unlocked, then we will offer a revised valuation when applicable.

  6. Our right to make changes or vary these terms
    1. We may change our terms:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to reflect changes in the manufacturer’s specification or example to implement minor technical adjustments and improvements for example to address a security threat. We will endeavour to make sure that these changes will not reduce the quality or performance of such product.
    2. More significant changes to the products.Where you have ordered a product and there are significant changes to the product that you have ordered we will let you know in advance to ensure that you still want to proceed with your order and if you do not wish to proceed you may then contact us to end the contract and receive a refund for any products paid for but not received: Every time you order products from us, the Terms in force at that time will apply to the contract between you and us. We may vary these Terms from time to time. Unless you have placed an order for products, we do not have to notify you of any changes to the Terms. The Terms that will apply to any order you make for products are the Terms that you accept at the time you place your order.

  7. Prices, delivery and handling charges and taxes
    1. The price charged for a product will be the price quoted via email or telephone or on our website at the time the order is placed and will be set out in the Order Confirmation and Order Despatch. We take all reasonable care to ensure that the prices for products are correct at the time when the relevant information was entered onto the system. However, occasionally we may make a mistake in the price quoted on our website or in an advertisement and if we have made such an error, then we will inform you of this as soon as we become aware of it and will tell you the correct price. If we discover an error in the price of the product(s) you ordered:
      1. Where the product’s correct price is less than the price on this website, we will charge the lower amount when dispatching the products to you; and
      2. If the product’s correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product(s) at the correct price or cancelling your order.
    2. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price. 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.
    3. We may change prices at any time and without notice. Price increases will only apply to orders placed after such changes.
    4. Prices for the products may include VAT or other applicable taxes but do not include charges for delivery and handling.
    5. Separate charges for delivery, handling and their related VAT or other taxes will be shown when you place your order and on the final invoice. The Order Confirmation and Order Despatch provide proof of applicable delivery, handling and tax charges.
    6. You are responsible for ensuring that you understand and adhere to the HMRC VAT system, in particular the VAT Margin Scheme and it is the Customer’s obligation to report and pay any VAT due to HMRC. The customer is also responsible for VAT registration when turnover exceeds the HMRC VAT threshold.
    7. The quotation (including any non-standard price negotiated) is valid for a period of one working day only from the date shown in it unless expressly withdrawn by us at an earlier time. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

  8. Products, Services, availability and delivery
    1. Products may vary slightly from their pictures. The images of the products on this website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all weights, sizes, capacities, dimensions and measurements quoted on our website are approximate. Refurbished products are graded by condition in line with our standard diagnostic guidelines and grade conditions set out on our website.
      1. The description of the Goods is set out in our sales documentation and grading documentation, unless expressly changed in our quotation. In accepting the quotation, or by placing an order online you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
    2. We may withdraw the product. We may write to you to let you know if we are going to stop providing a product that you have ordered. We will endeavour to let you know promptly in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
    3. Delivery costs. The costs of delivery will be as displayed to you on our website or on any quotation provided.
    4. When we will provide the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date or to agree a delivery date.
    5. We are not responsible for delays outside our control. If our supply 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 end the contract and receive a refund for any products you have paid for but not received.
    6. If you order any personalised products, the manufacturing time for such personalised products is added to the delivery time of the selected delivery option. There may also be reasons for us to re-schedule your order in case the product(s) cannot be delivered on the estimated delivery date. In that case we will contact you to discuss a revised delivery date.
    7. We will complete delivery when we deliver the products to the address you gave us.
    8. The products will be your responsibility from the time we deliver the product to the address you gave us.
    9. Unfortunately, we do not deliver to addresses outside of the regions named on our website.
    10. We encourage you to examine the delivery package and received products within a reasonable period of time after they are delivered to you and check their condition and that the delivery package is unopened and the content of the delivery package is complete. It is your responsibility to notify us as soon as possible, that packaging has been damaged in transportation, or the delivery is incomplete. For information on our returns policy see clause 14 below.
    11. If no one is available at your address to take delivery we will provide you with information on how you can rearrange delivery or arrange to collect the products from a local collection point.
    12. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a collection point we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 14 will apply.

  9. Conditions and Grading
    1. Our grading criteria is specified in our “Grades Explained” document and all devices are categorized on this basis.
    2. An order placed by the customer constitutes an offer to purchase the Goods in accordance with these Conditions and the grade of devices specified and agreed when placing the order. The Customer is responsible for ensuring that the Terms and Conditions and our Grading criteria is understood.
    3. We allocate a Grade to the Goods using reasonable care and skill. Any disputes regarding grading will reviewed against our Grades Explained document.
    4. Fully working devices will be graded on a cosmetic grading basis only and will be fully functional. It shall be at the our discretion to apply or supply cosmetic grading for each device. Where a device has No Touch ID or No Face ID we shall inform the Customer when providing a quotation.
    5. Minor Fault devices can include one or multiple minor faults. i.e Smashed Screen or camera issue. These devices will not typically be graded on a cosmetic basis.
    6. Major fault devices typically have board faults that may require soldering and should be purchased with this in mind.
    7. In the case of a dispute the final decision shall be made by a Director of Recommerce Ltd.

  10. Payment
    1. If we have provided a credit account for you, payment will be required within 14 days of date of invoice unless notification of alternative terms has been provided in writing. The invoice will be sent to your nominated point of contact on the day the order is dispatched to you. If you do not have a credit account with us payment will be required prior to dispatch of the goods.
    2. Payment by credit/debit cards shall be made by a credit or debit card approved by us as indicated on this website or in writing. You must supply your payment card details when you place an order. Your payment card will be charged at the time of order for the total purchase price. Should your order be cancelled, or subsequently returned following our returns process, then a full refund will be applied to your card. Please allow 3-5 working days for this refund to show.
    3. A deferred payment means that the card details are checked, and a “shadow” is placed on your account – this means that you cannot spend those funds elsewhere, and again, you would see a differing “available balance” on your bank account.
    4. Unlike immediate payments, deferred transactions are not sent to the bank for completion the following morning. And they won’t be unless we manually “release” them.
    5. For card payments we will not supply the ordered products to you until your card issuer has authorised the use of your card for payment of the ordered products. As your Order Despatch is your proof of purchase, we recommend that you save and print that document for your potential future use. Note that the VAT/tax invoice delivered to you by us either electronically or in the delivery package can also be used as proof of purchase.
    6. We may use Verified by Visa and MasterCard SecureCode to provide additional security checks when processing your order. If you decline to register with either of the above Payer Authentication Schemes when prompted, we reserve the right to decline your order.
    7. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
    8. You must pay the price agreed within the date of our invoice or otherwise according to any credit terms agreed between us. You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you. If you do not pay within the period set out above, we will suspend any further deliveries to you without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 1% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full. Time of the payment will be of the essence of the Contract between us and you.
    9. All payments must be made in the terms of the contract unless otherwise agreed in writing between us. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

  11. Risk & Title to products
    1. We retain full legal title to products until we have received in full all amounts due on the ordered products, including all applicable delivery charges.
    2. The risk in the Goods will pass to you on completion of delivery. Until title to the Goods has passed to you, you must
      1. hold the Goods on a fiduciary basis as our bailee; and/or
      2. store the goods separately and no remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or
      3. keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
    3. We reserve the right (subject to the applicable law) to end your right to use, sell, or otherwise deal in the products and to enter your premises and repossess the products (or instruct a third party to do so), if payment is not made, or if the debit/credit card company declines payment or requires us to return any payment made for the products, for any reason.

  12. Communications between us
    1. When we use the words “writing” or “written” in these terms, this includes emails.
    2. To cancel a Contract in accordance with your legal right to do so as set out in clause 13, you must contact us in writing by sending an e-mail to sales@recomm.co.uk or by sending a letter to the address set out in clause 1. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
    3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  13. Your right to end the contract
    1. We can terminate the Sale of Goods under the Contract where:
      1. You commit a material breach of your obligations under these Terms and Conditions;
      2. You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
      3. You enter into a voluntary arrangement under Part 1 of the insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
      4. You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

  14. If you have changed your mind
    1. We operate a 14-day cooling off period from the date you received the products from us, during which you may change your mind and cancel a contract. If you have changed your mind, please contact us by sending an email to help@recomm.co.uk We will then send you by email, to the address that you provided, a Returns Authorisation Number and give you the necessary return instructions.
    2. Please note that devices must be in the same condition as we dispatched them to you.
    3. Please note that refunds will only be completed once devices are free of any network, SIM lock or icloud status
    4. A credit note will be provided within 14 days of the product(s) arriving back at our offices.
  15. Our right to end the contract
    1. We may end the contract if you break it.We may end the contract for a product at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    2. You may need to compensate us if you break the contract.If we end the contract in the situations set out in Clause 15.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  16. Repair Service
    1. To book a repair you must inform us of the known faults with the device(s) so we can issue a repair estimate.
      1. We will provide a repair estimate on this basis to enable a decision whether you progress with the repair.
    2. If you are unable to diagnose the fault then we will only provide a repair estimate once we have tested the device(s)
    3. All devices will be tested upon receipt at our office and a report provided diagnosing the fault(s)
    4. The cost of the repair will only be confirmed once we have tested the device and provided a Repair Quotation.
    5. Your acceptance of our Repair Quotation in writing shall form the contact between us.
    6. If following us providing a Repair Quotation, you do not proceed with the repair job for any reason, then we reserve the right to charge a £25 evaluation fee per device for any time spent evaluating the device(s). This will be at the discretion of our General Manager.
    7. Following completion of the repair job, we will issue an invoice for the work provided. Payment will be due as per these terms and conditions.
    8. We provide a courier collection/drop off service for the return of device(s) for repair. If you or your customers chooses to use this service, it is done so on the basis that any Risk relating to goods in transit remains with the legal owner of the product(s) and in the case of a package going missing in transit we shall only be liable for any insurance value we can claim from the courier.

  17. Warranties and Returns
    1. How to tell us about problems.If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at help@recomm.co.uk
    2. Summary of your legal rights.We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
    3. We operate a 14 day right to return following receipt of a shipment from us for any items that are deemed D.O.A or do not meet the specification provided within our grading criteria. We therefore encourage all customers to test/check all deliveries quickly following receipt of the goods.
    4. Your obligation to return rejected products.If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) or allow us to collect them from you.
    5. For “brand new” products a manufacturer’s limited warranty will be offered for products and included in the user guide or included in the product packaging or made available otherwise to you. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty. The manufacturer’s warranty does not affect your legal rights.
    6. All refurbished devices will be provided with a warranty. Refurbished warranty terms will be provided by us and will be detailed on our website and on any quotation provided by us.
    7. All repairs will be provided with a warranty. This may vary based on the part or device repaired so please ensure you read and accept the warranty terms outlined on the Repair Estimate and Quotation provided.

  18. Mobile Phone Insurance
    1. Where you have purchased Mobile Phone Insurance, please refer to the separate Mobile Phone Insurance Terms & Conditions.

  19. Circumstances beyond our reasonable control
    1. We will use reasonable efforts to perform our obligations under this Contract; however, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by an event outside our control.
    2. An event outside our control means any act or event beyond our reasonable control, including but not limited to 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.
    3. If an event outside our control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. 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 products to you, we will try to arrange a new delivery date with you after the event outside our control is over.

  20. How we use your personal information
    1. We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

  21. Our liability
    1. Limitation of Liability Our liability under the Contract and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
    2. Subject to the clause above on Inspection and Acceptance and Risk and Title, all warrantied, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
    3. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
    4. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
    5. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the goods, for:
      1. any indirect, special or consequential loss damage, costs or expenses; and/or
      2. any loss profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
      3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
      4. any losses caused directly by any failure or breach by you in relation to your obligations; and/or
      5. any loss relating to the choice of the goods and how they will meet your purpose or the use by you of the Goods supplied.
      6. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

  22. Other important terms
    1. Circumstances beyond the control of either party Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause, that is beyond the reasonable control of that party. Such include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts or terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
    2. No Waiver No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
    3. Severance If one or more of the Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
    4. Law and jurisdiction These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Terms of website use

These terms tell you the rules for using our website www.recomm.co.uk or a subdomain of (“our site”). By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend you print a copy of these terms for future reference
  1. Information about us
    1. This website is owned by and operated by Recommerce Limited, a company registered in England and Wales under company number 10775061 and with registered office at Suite E, Floor 1, Apollo Centre, Desborough Road, High Wycombe, BUCKS, HP11 2QW. Our VAT number is GB 270411831.

  2. Your use of our site
    1. You may use our site only for lawful purposes. You may not use our site:
      1. in any way that breaches any applicable local, national or international law or regulation.
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      3. for the purpose of harming or attempting to harm minors in any way.
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in paragraph 6.
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.
      2. not to access without authority, interfere with, damage or disrupt:
        1. any equipment or network on which our site is stored;
        2. any software used in the provision of our site;
        3. or any equipment or network or software owned or used by any third party.
        4. any part of our site;
    3. We may not necessarily monitor any materials posted, transmitted or communicated to or within our site. If you believe that something on our site is in breach of these terms of use please contact us as set out later in these terms of use.

  3. Accessing our site
    1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
    2. We restrict access to our site, to users who are valid employees of the organisation that has signed up to run a MyAdvantage Scheme and who have registered with us and verified their account using their work email.
    3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You must also let us know immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way.
    4. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use, and that they comply with them.

  4. Intellectual property rights
    1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
    5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  5. Reliance on information posted
    1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

  6. Content standards
    1. These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
    2. Contributions must:
      1. be accurate (where they state facts);
      2. be genuinely held (where they state opinions);
      3. comply with applicable law in the UK and in any country from which they are posted.
    3. Contributions must not:
      1. contain any material which is defamatory of any person;
      2. contain any material which is obscene, offensive, hateful or inflammatory;
      3. promote sexually explicit material;
      4. promote violence;
      5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      6. infringe any copyright, database right or trade mark of any other person;
      7. be likely to deceive any person;
      8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      9. promote any illegal activity;
      10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      11. be likely to harass, upset, embarrass, alarm or annoy any other person;
      12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      13. give the impression that they emanate from us, if this is not the case;
      14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

  7. Our site changes regularly
    1. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We may suspend access to our site, or close it indefinitely. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Although we make reasonable efforts to update the information on our site, we make no representation, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

  8. Our liability
    1. Whether you are a consumer or a business user:
      1. 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 and for fraud or fraudulent misrepresentation.
      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of sale above.
    2. If you are a business user:
      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
      2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        1. use of, or inability to use, our site; or
        2. use of or reliance on any content displayed on our site.
      3. In particular, we will not be liable for:
        1. loss of profits, sales, business, or revenue;
        2. business interruption;
        3. loss of anticipated savings;
        4. loss of business opportunity, goodwill or reputation; or
        5. any indirect or consequential loss or damage.
    3. If you are a consumer
      1. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  9. Information about you and your visits to our site
    1. We process information about you in accordance with our privacy policy. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.

  10. Transactions concluded through our site
    1. Contracts for the supply of our products formed through our site or as a result of visits made by you are governed by our Terms and Conditions of sale above.

  11. Uploading material to our site
    1. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
    2. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
    3. If you wish to complain about information and materials uploaded by other users please contact us.
    4. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in paragraph 6.

  12. Viruses, hacking and other offences
    1. We do not guarantee that our site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
    3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
    4. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

  13. Linking to our site
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any website that is not owned by you.
    3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards in paragraph 6.
    4. If you wish to make any use of material on our site other than that set out above, please address your request to help@recomm.co.uk

  14. Links from our site
    1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

  15. Suspension and termination
    1. We treat any failure to comply with these terms as serious. If you break these terms through your use of our site, we may take such action as we deem appropriate, this may include taking one or more of the following actions:
      1. Immediate, temporary or permanent withdrawal of your right to use our site;
      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
      3. Issue of a warning to you;
      4. Legal proceedings against you for reimbursement of all our costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. Further legal action against you;
      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    2. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

  16. Jurisdiction and applicable law
    1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
    3. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. Some of the services offered through our site may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom.

  17. Trade marks
    1. Recomm is a trademark of Recommerce Ltd.

  18. Variations
    1. We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

  19. Severance
    1. If any provision of these terms of use (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these terms of use, and the validity and enforceability of the other provisions of these terms of use shall not be affected.

  20. Your concerns
    1. If you have any concerns about material which appears on our site, please contact help@recomm.co.uk