Want Dont Want. Com Limited is a company registered in England and Wales with company number 04054408, whose registered office is at 341 Euston Road, London, NW1 3AD (we, us and our).
These Terms and Conditions provide information about us and the legal terms and conditions on which we provide a platform for buyers ( you, your and Buyer) to purchase Products from Sellers through www.wantdontwant.com (our Website). We act only as an intermediary between you and the Sellers, subject to these Terms and Conditions.
These Terms and Conditions may be changed by us without notice at any time. Such changes shall not apply retrospectively and shall not affect any transactions for Products purchased prior to the changes taking effect.
If you have any questions or queries about this or any other information on our Website, please do not hesitate to Contact Us at firstname.lastname@example.org or Tel: 020 7529 8180.
1. Definitions and Interpretation
1.1 The definitions and rules of interpretation in this clause apply in
these Terms and Conditions.
Advertised Price: the Price at which a Product is advertised for sale on our Website;
Contract: the contract that shall arise between you and us in accordance with the provisions of clause 2.1;
Price: the price of a Product, plus VAT;
Product: a product advertised for sale by a Seller on our Website;
Sales Contract: a contract entered into between you and a Seller for the sale of a Product via our Website pursuant to the provisions of clause 2.4;
Sales Price: the Price at which a Product advertised for sale on our Website is sold to you;
Seller: the seller of a Product;
Terms and Conditions: the terms and conditions set out in this document;
VAT : Value Added Tax.
1.2 A reference to a clause is to a clause of these Terms and Conditions. Clause headings shall not affect the interpretation of these Terms and Conditions.
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.4 Words in the singular shall include the plural and vice versa.
2. Application of Terms and Conditions
2.1 A Contract shall arise between you and us upon acceptance of these Terms and Conditions by you at clause 16. The Contract shall incorporate and be subject to these Terms and Conditions, to the exclusion of any other terms and conditions.
2.2 When you initiate the purchase of a Product through our Website, you shall be entering into a direct contractual relationship with the Seller of that Product.
2.3 All negotiations between you and any Seller shall be undertaken through our Website and all purchases of Products shall be concluded through our Website.
2.4 A Sales Contract shall arise when you unequivocally accept the Seller's offer to you for the sale of a Product through our Website.
2.5 Our responsibility to you is limited to acting as an intermediary between you and the Seller.
2.6 Payment of the Sales Price for a Product will be made directly to us by you. Once we are in receipt of full and cleared funds from you and we have notified you that the Product is available for collection, you may contact the Seller in order to arrange collection.
2.7 The Price of any Product is exclusively subject to negotiation between you and the Seller and we shall not be liable to you if the Sales Price is higher than the Advertised Price.
2.8 Please note that any advice given by any member of our staff in relation to Product prices or any other matter is given for guidance only and is not something for which we may be held liable.
2.9 You shall be solely responsible for ensuring compliance with all applicable laws, regulations and by-laws related to the use and resale of any Product (including but not limited to regulations covering the use and sale of furniture with fire retardant foam).
2.10 We shall not be responsible for your acts or omissions, nor for any error made by you.
3. Contract Term
The Contract between you and us shall remain in full force and effect unless and until terminated in accordance with the provisions of clause 12.1 or clause 12.3.
4.1 Although we make every effort to ensure that all Product information on our Website is accurate and complete, we shall not be liable to you if any such information is in any way inaccurate or incomplete.
4.2 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display any colours accurately, we cannot guarantee that your computer display will accurately reflect the actual colour of any Products displayed on our Website.
4.3 Without prejudice to the provisions of clauses 4.1 or 4.2, you acknowledge that it is particularly important that you satisfy yourself that any Product meets with your approval and your requirements prior to purchase, since:
(a) second hand furniture is not in a 'new' condition because it has previously been used; and
(b) second hand furniture is not covered by manufacturers' guarantees.
We strongly recommend in all cases that you make an appointment with us to view any Product that you wish to purchase before entering into any Sales Contract. Without prejudice to the foregoing provisions of this clause 4.3, you are solely responsible for ensuring that any Product that you wish to purchase can be delivered to, placed on and installed at the premises at which the Product will be deployed free of any access restrictions or impediments or obstacles; you will indemnify us and hold us harmless against any matter or issue which may arise from any access restrictions or impediments or obstacles as aforesaid.
4.4 You should be aware that many lockable storage and filing units are sold without keys. We cannot guarantee that keys will be included with any unit purchased and we cannot be held responsible for keys not being available upon collection of any Products. Should you wish to purchase keys, we recommend that you contact Fast Keys. Please ensure that you have ascertained the barrel number (which is usually found on the frame around the key entry) before contacting Fast Keys.
4.5 Subject to the provisions of clause 2.4, all Products shown on our Website are subject to availability and may be withdrawn, changed or substituted without notice at any time.
4.6 Please print a copy of these Terms and Conditions at the time that you initiate the purchase of any Products available for sale on our Website for your ease of future reference.
5. Your obligations
(a) warrant and represent that you are at least 18 years of age at the time that you initiate the purchase of any Products available for sale on our Website and that you possess the legal capacity and legal authority to enter into a Sales Contract;
(b) warrant and represent that all registration, contact, payment details and all other information required by us is accurate, up to date, complete, reliable, non-deceptive, truthful and honest. We shall not accept any responsibility for your failure to fulfil your obligations under this clause 5.1 including, without limitation, for any delay in you purchasing a Product, or failing to purchase a Product;
(c) must check and amend any errors in the information provided to us as soon as possible; and
(d) should ensure that we are able to contact you by phone and email so that we may provide you with any necessary notifications.
5.2 You shall not, under any circumstances, use our Website to solicit anyone to sell any Products to you other than through our Website.
6. Purchases from outside the United Kingdom
You warrant that if you wish to purchase any Products and you are located outside the United Kingdom, you have satisfied yourself that you are lawfully entitled to purchase those Products and that you will not be in breach of any applicable laws by entering into a Sales Contract.
7.1 We accept payment by all major credit and debit cards, with the exception of American Express. Please call us on 020 7529 8180 to make your payment.
7.2 Payment can alternatively be made by bank transfer or by cheque. Please let us know if you wish to make payment using either of these options and an email containing our payee details will be sent to you.
8.1 The Products will be at your risk from the time that we notify you that the Products are available for collection from the Seller.
8.2 It is your responsibility to liaise with the Seller regarding the collection of the Products. If the Products are not collected on any date agreed between you and the Seller for collection, then the Seller is at liberty to sell (or otherwise dispose of) the Products as they see fit without further reference or obligation to you.
9. Our liability
9.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of any implied terms to any extent not permissible by law.
9.2 Subject to clause 9.1 and any limitation of our liability set out elsewhere in these Terms and Conditions:
(a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price of each Product in respect of each Product purchased by you.
9.3 Subject to clauses 9.1 and 9.2, we shall not be liable for any injury, loss or damage caused by any Products purchased by you.
9.4 You undertake to indemnify, defend and otherwise hold us harmless, from all liabilities, costs, expenses, losses, damage, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses arising from any proceedings (legal or equitable) or claims brought or asserted by or against us and arising directly or indirectly from or under the Contract.
9.5 Any terms implied by any applicable law are, to the fullest extent permitted by law, excluded from the Contract.
10.1 You can contact us in writing by sending an e-mail to email@example.com.
10.2 Please keep a copy of all correspondence for your own records.
10.3 If we have to give you notice in writing, we will do so by e-mail using the email address that you have provided to us.
11. Making a complaint
11.1 It is the Seller's sole responsibility to ensure that all Products are of satisfactory quality, are fit for purpose and correspond with their description on our Website. We expressly disclaim all warranties and representations of the same or a similar nature and we cannot and do not accept any liability in respect thereof.
11.2 Although we shall have no obligation to do so, we will use reasonable efforts to liaise with you and the Seller in respect of any complaint or claim made by you.
11.3 You agree to provide us with your full co-operation and to provide any form of evidence reasonably requested by us in respect of any complaint or claim made by you.
11.4 Because the Seller is unable to pass on the benefit of any manufacturers' warranties to you in used furniture sales, you should be aware that other than for those limited obligations of the Seller outlined in clause 11.1 and other than in the narrow range of circumstances in which the Seller's liability cannot be excluded under applicable law (such as for death or personal injury caused by the Seller's own negligence, which would rarely be an issue for a seller of used furniture), it is extremely unlikely that the Seller would have any liability to you under these Terms and Conditions.
12.1 Without affecting any other right or remedy available, the Contract may be terminated by us with immediate effect upon serving written notice on you if:
(a) you fail to pay any amount due under these Terms and Conditions on the due date for payment and remain in default not less than 30 days after being notified by us in writing to make such payment;
(b) you commit a material breach of these Terms and Conditions which is irremediable or (if such breach is remediable) fail to remedy that breach within a period of 10 days after being notified to do so in writing;
(c) you repeatedly breach any of the terms of these Terms and Conditions in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms and Conditions;
(d) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case within the meaning of section 268 of the Insolvency Act 1986 or you commence negotiations with all or any class of your creditors or a receiver is appointed over your assets or you are the subject of a bankruptcy petition or order or a creditor enforces their rights against your assets and such attachment or process is not discharged within 14 days;
(e) you pass away or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
12.2 For the purposes of clause 12.1 (b), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which we would otherwise derive from a substantial portion of the Contract. In deciding whether any breach is material, no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
12.3 The Contract may be terminated without cause by us, upon 30 days' written notice to you, with termination to take effect at the end of the 30 day notice period.
13. Consequences of termination
13.1 On termination of the Contract:
(a) you shall immediately pay to us all outstanding sums (if any); and
(b) the following clauses shall continue in force: clause 9 (Our liability), clause 10 (Communications), this clause 13 and clause 15.8 (Governing law and jurisdiction).
13.2 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of either you or us that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
14. Force majeure
14.1 Force Majeure Event means any circumstance not within our reasonable control including, without limitation acts of God such as flood, drought, earthquake or other natural disaster, epidemics or pandemics, terrorist attacks, civil war, civil commotion or riots, armed conflict, sanctions, laws or regulatory action, fire, explosion or accident, trade disputes, non-performance by suppliers or subcontractors and failure of utility services.
14.2 If we are prevented, hindered or delayed in or from performing any of our obligations under these Terms and Conditions by a Force Majeure Event, we shall not be in breach of these Terms and Conditions or otherwise be liable for any such failure or delay in the performance of such obligations.
14.3 We shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event, notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under these Terms and Conditions; and
(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
15.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect any rights or obligations between us under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if you obtain our prior written consent.
15.2 No third parties shall have any right to enforce any part of these Terms and Conditions.
15.3 The rights and remedies provided under these Terms and Conditions are in addition to and not exclusive of, any rights or remedies provided by law.
15.4 Nothing in these Terms and Conditions is intended to, or shall be deemed to establish any partnership or joint venture, nor constitute us as your agent.
15.5 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
15.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that shall not mean that we have waived our rights against you and it does not mean that you do not have to comply with those obligations. If we do waive any default made by you in respect of these Terms and Conditions, we will only do so in writing and that does not mean that we will automatically waive any later default by you.
15.7 These Terms and Conditions constitute the entire agreement between you and us. You agree that you 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. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
15.8 Please note that these Terms and Conditions are governed by English law. This means that the Contract between you and us and any dispute or claim arising out of or in connection with it will be governed by English law. We both agree that the courts of England and Wales shall have non-exclusive jurisdiction.
16. Acceptance of Terms and Conditions
You must enter your email address and press 'I Accept' to accept these Terms and Conditions if you wish to purchase any product offered for sale via our Website and it is important to read and understand these Terms and Conditions before doing so. By entering your email address and pressing 'I Accept', you confirm that you accept these Terms and Conditions and that you agree to be bound by them.