TERMS AND CONDITIONS OF USE

Last updated 04 June 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

Materialsmarket.com (“Site”) is a marketplace operated by the service provider Materials Market Trading UK Limited (“Materials Market”, “we” or “us”) (under a licensing agreement) on which sellers (“Suppliers”) offer and sell building materials (“Products”) and customers can purchase Products (“Customers”).

IF YOU ARE A CUSTOMER IN THE UNITED KINGDOM, YOUR CONTRACT FOR SALE WILL BE MADE WITH MATERIALS MARKET, AS EXPLAINED FURTHER.

IF YOU ARE A SUPPLIER IN THE UNITED KINGDOM, YOUR CONTRACT FOR SALE WILL BE MADE WITH MATERIALS MARKET, AS EXPLAINED FURTHER.

For convenience, these terms and conditions (“Terms and Conditions”) govern our relationships with both Customers and Suppliers as well as other Site users. However, due to the nature of the services we provide, some of the terms herein are only applicable to Suppliers and some are only applicable to Customers, as specified below in ‘Part A’ and ‘Part B’, respectively. Terms in ‘Part C: General’ apply to all Site users, including Customers and Suppliers.

By using the Site, you agree: (i) to these Terms and Conditions; and (ii) to related policies, including our Marketplace Rules and Policies , Privacy Policy and Cookie Policy (together, the “Policies”).

Words in these Terms and Conditions importing the singular number include the plural and vice versa. The use of ‘including’ or ‘includes’ (and other similar expressions) in these Terms and Conditions shall be construed as not limiting any general words or expressions in connection with which they are used.

How to contact us
Materials Market is a company duly incorporated in England and Wales with registration number 13071066 with registered offices at: Silverstream House, 4th Floor, 55 Charlotte Road, London EC2A 3QF.
T: 020 7459 4574
E: support@materialsmarket.com

PART A: SUPPLIER-ONLY CLAUSES
Supplier-only clauses were provided to you upon registration and should be read as incorporated into these Terms and Conditions.
Supplier-only clauses are only applicable to Suppliers.

PART B: CUSTOMER-ONLY CLAUSES
Customer-only clauses are provided in this Part B. Customer-only clauses in this part are only applicable to Customers. Customers in this Part B may be referred to as ‘you’.

Our role
As explained above, when you buy Products on the Site, your contract for sale is with Materials Market. When you make an order, we will connect with our network of Suppliers (that can be multiple Suppliers for each order) who may be able to supply the Products in your order. The exact terms of sale between Materials Market and the relevant Supplier(s) may or may not be similar to the terms applicable to your contract with Materials Market.

ACCORDINGLY, THE CONTRACT FOR SALE FORMED AT THE COMPLETION OF A SALE FOR THE PRODUCTS IS MADE SOLELY BETWEEN MATERIALS MARKET AND THE CUSTOMER. THE SUPPLIER(S) IS/ARE NOT A PARTY TO THIS CONTRACT, NOR DO THEY ASSUME ANY RESPONSIBILITY ARISING OUT OF OR IN CONNECTION WITH IT. THE SUPPLIER ARE/IS NOT THE MATERIALS MARKET’S AGENT OR REPRESENTATIVE OR VICE VERSA.

Terms of Sale
These terms of sale (“Terms of Sale”) shall apply to all contracts between Materials Market and the Customer in respect of Products purchased on the Site. No other terms besides those containing in the Terms of Sale and, where applicable, these Terms and Conditions shall apply, unless agreed in writing between Materials Market’s duly authorised representative and you.

If you identify a business entity as the purchaser during the check-out process, you represent that you have the authority to legally bind that entity.

You are responsible for ensuring that the details you provide us at the check-out, including your delivery address, are correct and complete.

If you have your own Site account (“Customer Account”), you are responsible for maintaining the confidentiality of your Customer Account and password and for restricting access to your computer, and, to the fullest extent permitted by law, you agree to accept responsibility for all activities that occur under your Customer Account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

Whether you purchase using a Customer Account or as a guest, you must not use the Site: (i) in any way that causes, or is likely to cause any access to it to be interrupted, damaged or impaired in any way; or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, blacklist your email address or terminate Customer Accounts (as applicable) with immediate effect or remove or edit content without notice if we reasonably believe you are in breach of applicable laws, these Terms and Conditions or any other applicable terms and conditions and Policies for the time being in place, including our Marketplace Rules and Policies.

Unless otherwise specified, we do not charge Customers any joining, periodic subscription or any other fees additional to the order amount.

Customers will pay the relevant amount to Materials Market as indicated in the order. Materials Market may charge its Suppliers a small commission.

Questions, comments and complaints about orders
If you have a question, comment or complaint in relation to a Product purchased through the Site, you may contact us as specified in our Dispute Resolution Policy (which forms part of our Marketplace Rules and Policies).

Product information
Materials Market is not the manufacturer of the Products. Although we make reasonable efforts to ensure that the information on the Site is correct, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date. All information about the Products on the Site is provided for information purposes only and we recommend that you do not rely solely on the information presented on the Site. Please always read and follow labels, warnings and directions (written or oral) provided by Materials Market and/or Suppliers and/or manufacturers and/or otherwise before use.

Where the 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.

Order confirmation and fulfilment
One of the main functionalities that the Site offers is the ability for Customers to post enquiries for Products and receive estimated prices and other particulars. This functionality is accessible with the ‘Add to Enquiry’ button or may be referred to on the Site as ‘Enquiry’ (“Enquiry Function”). As an alternative, some certain Products have already been given a suggested price, as may be reasonably determined from time to time. This functionality is accessible with the ‘Add to Basket’ button or may be referred to on the Site as ‘Instant Purchase’ (“Instant Purchase Function”). The prices suggested with the Instant Purchase Function are based on reasonable estimates and do not guarantee the correct representation of any order value.

Enquiry Function
When a Customer places an order (after receiving an estimated price and other particulars using the Enquiry Function), it constitutes an offer to Materials Market to buy the Product(s) in the order, at which point, (i) if you pay with a credit or debit card, a hold will be put on the card provided; (ii) if you pay using a credit facility, provided by a third-party, your order will undergo a review by the provider and, if approved, will become a pending order. Any credit facility arrangement referred to in (ii) will be governed by a separate agreement between the third-party provider and you.

Regardless of your chosen payment type, you will receive an e-mail confirming the receipt of the offer (“Order Acknowledgement E-mail”). The Order Acknowledgement E-mail does not confirm Materials Market’s acceptance of the offer.

If Materials Market accepts the offer, a notification email will be sent to the Customer, at which point a contract will come into existence between the Customer and Materials Market. When the contract comes into existence:

• if your chosen payment method was a credit or debit card, the payment will be processed accordingly;
• If your chosen payment method was the credit facility, the payment will be governed by the applicable terms and conditions as referred to above.

If Materials Market rejects the offer or fails to respond within one (1) working day, a notification email will be sent to the Customer, at which point you are free to place other orders. Should Materials Market reject the offer:

• if your chosen payment method was a credit or debit card, the hold on the card provided will be released;
• If your chosen payment method was the credit facility, the transaction will be governed by the applicable terms and conditions as referred to above.

Instant Purchase Function
The Instant Purchase Function works differently. WHEN A CUSTOMER PLACES AN ORDER USING THE INSTANT PURCHASE FUNCTION, IT CONSTITUTES A UNILATERAL OFFER TO FULFIL THAT ORDER. At that point, (i) if you pay with a credit or debit card, a hold will be put on the card provided; (ii) if you pay using a credit facility, provided by a third-party, your order will undergo a review by the provider and, if approved, will become a pending order. Any credit facility arrangement referred to in (ii) will be governed by a separate agreement between the third-party provider and you.

If Materials Market accepts the offer, a notification email will be sent to the Customer, at which point a contract will come into existence between the Customer and Materials Market. When the contract comes into existence:

• if your chosen payment method was a credit or debit card, the payment will be processed accordingly;
• If your chosen payment method was the credit facility, the payment will be governed by the applicable terms and conditions.

If Materials Market rejects the offer or fails to respond within one (1) working day, a notification email will be sent to the Customer, at which point you are free to place other orders. Should Materials Market reject the offer:

• if your chosen payment method was a credit or debit card, the hold on the card provided will be released;
• If your chosen payment method was the credit facility, the transaction will be governed by the applicable terms and conditions.

Product equivalents
Enquiry Function. After you post an enquiry using the Enquiry Function, an alternative Product may be proposed. This will be communicated to you accordingly via e-mail and reflected on the Customer dashboard. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE ALTERNATIVE PRODUCT IS SUITABLE FOR YOUR NEEDS. When you make an order for such Products, you are making an offer to purchase the alternative Products as shown.

Instant Purchase. WHEN YOU MAKE A UNILATERAL OFFER USING THE INSTANT PURCHASE FUNCTION, YOU AGREE TO ACCEPT ALTERNATIVE PRODUCTS. IF YOU DO NOT WISH TO ACCEPT ALTERNATIVE PRODUCTS, YOU CAN INDICATE SO BY TURNING THE FUNCTION OFF.

Children
We do not sell products for purchase by children. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

Notices
Any notice or communication shall be deemed to have been received at the time of transmission when sent by e-mail, in case of the Customer to the e-mail address provided in the Customer Account or during guest check-out (as applicable) and in case of Materials Market to info@materialsmarket.com, or the Site messaging service. This clause does not apply to the service of any proceedings or other documents in any legal action.

PART C: GENERAL

Withdrawal
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions and Policies, and that they comply with them.

Complaints, concerns and mediation. Materials Market is committed to working with its Customers, Suppliers and other users to address concerns that may arise in their interactions with the Site and associated services. If, however, you have a complaint about Materials Market, please email complaints@materialsmarket.com.

If an unsatisfactory good faith attempt to resolve your dispute with us arising in relation to the provision of our online intermediation services has been made, you may apply to resolve the dispute through mediation. We consider CEDR Limited to be an institution which may provide mediation services. Please remember that opinions rendered by the appointed mediator are normally non-binding and you will be required to pay any fees for the mediation directly to CEDR Limited.

Except as required by applicable law, mediation is voluntary and neither you nor Materials Market are obliged to settle disputes through mediation.

Copyright, authors’ rights and database rights
All content, functionality or other intellectual property included in or made available through the Site, including text, graphics, logos, button icons, images, digital downloads and data compilations is the property of Materials Market, its licensor(s) or its content suppliers (as applicable) and is protected by English and international copyright, authors’ rights and database right laws.

The compilation of all content included in or made available through the Site or communicated otherwise as part of associated service is the exclusive property of Materials Market’s licensor(s) and is protected by English and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of the Site without our express written consent or consent of our licensors, as applicable. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of the Site, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Site (e.g. our product listings) without our express written consent.

Our liability
We try to keep the Site and its content safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for: (i) losses that were not caused by any breach on our part; or (ii) any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or any indirect or consequential losses which are not reasonably foreseeable by us arising, directly or indirectly from:
– your use of or your inability to use the Site or associated services;
– pricing, postage or other guidance provided;
– delays or disruptions in our services;
– viruses or other malicious software obtained by accessing, or linking to, the Site;
– glitches, bugs, errors, or inaccuracies of any kind on the Site
– damage to your hardware device from the use of the Site;
– the content, actions, or inactions of third parties, including Suppliers and Customers;
– a suspension of your Customer Account or Supplier Account;
– your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these Terms and Conditions or our Policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IN RELATION TO YOUR USE OF THE SITE IS LIMITED TO £1,000.

Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

Compensation
YOU WILL INDEMNIFY AND HOLD US (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) HARMLESS IN RESPECT OF ANY LIABILITY, CLAIM, ACTION, DAMAGES, LOSSES, FEES, COSTS, FINES, PENALTIES OR EXPENSES INCLUDING REASONABLE LEGAL FEES, WE INCUR ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS AND POLICIES, YOUR IMPROPER USE OF THE SITE OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Personal data
Any personal data will be collected and processed in accordance with the applicable data protection laws and regulations and our Privacy Policy.

Alterations and amendments
MATERIALS MARKET RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS FROM TIME TO TIME BY EMAIL OR BY POSTING SUCH ON THE SITE; SUCH MODIFICATIONS SHALL BE BINDING UPON YOUR ACCEPTANCE OF SUCH MODIFIED TERMS AND CONDITIONS.

MATERIALS MARKET RESERVES THE RIGHT TO MODIFY ANY INFORMATION REFERENCED IN THESE TERMS AND CONDITIONS, INCLUDING THE POLICIES, FROM TIME TO TIME BY EMAIL OR BY POSTING SUCH ON THE SITE.

CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES TO THE TERMS AND CONDITIONS OR INFORMATION REFERENCED IN THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

Any modification of Terms and Conditions will be communicated with a minimum of fifteen (15) calendar day notification by email or via the Site prior to such modification becoming effective.

These Terms and Conditions may not be otherwise amended except through mutual agreement by you and a Materials Market representative duly authorised to do so.

General terms
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

We may assign our rights and obligations under these Terms and Conditions in accordance with the below (but without your prior express consent), provided that we assign the Terms and Conditions on the same terms for the time being in place or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.

If you have a dispute with one or more users of the Site, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions (including Terms of Sale and Terms of Purchase).

Unless stated otherwise, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions, but this does not affect any right or remedy of a third party specified in these Terms and Conditions or which exists or is available apart from that Act. All members of Materials Market group of companies shall have the benefit of (and the right to enforce) these Terms and Conditions (including Terms of Sale and Terms of Purchase) contained herein (without having any obligation to perform any of the obligations contained therein).

These Terms and Conditions (together with all applicable Policies) constitute the entire agreement between you and us and supersede and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.