Terms & Conditions

We are United Wholesale Grocers Ltd, a company registered in Scotland under registration number SC80027 whose registered office is at 246 Flemington Street, Glasgow G21 4BY (United, UWG, we or us). We operate the website www.uwgl.co.uk (the United website) and the United – Version 1 mobile application software (the mobile app).

This page tells you information about us and the legal terms and conditions on which we sell any of the products (Products) listed on the United Website and the mobile app to you. These terms and conditions will apply to any contract between us for the sale of Products to you (Contract). By submitting an order on the United website or mobile app you are agreeing to these terms and conditions.

Please read these terms and conditions carefully before you submit an order to us. You should print a copy of these terms and conditions or save them to your computer for future reference.

We amend these terms and conditions from time to time. Every time you wish to order Products, please check these terms and conditions to ensure you understand the terms which will apply at that time. These terms and conditions were most recently updated on 11 August 2016.

If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0141 557 2255 or by e-mailing us at info@uwglorder.co.uk.

If we have 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. When we use the words "writing" or "written" in these terms, this includes emails.

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

If you are a business customer:

you confirm that you have authority to bind any business on whose behalf you use the United website or mobile app site to purchase Products;
you confirm that you are actively engaged in business or charity and that the business is operated by a person who is 18 years of age or over;
you confirm that those with access to the United website or mobile app or those who are given United Customer Cards are directors, nominated managers or proprietors of the business;
these terms and conditions constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter; and
you acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

Your use of the United website is also governed by our website Privacy Policy (which can be found at [ ]) and our website Terms and Conditions (which can be found at [ ]). Your use of the mobile app is also governed by our mobile app Privacy Policy (which can be found at [ ]) and our mobile app End User Licence Agreement (which can be found at [ ]). You will be asked to read and accept each of these agreements before you can become a customer of United and from time to time thereafter.

We will only use your personal information in accordance with Privacy Policies mentioned above. Please take time to read these, as they will each contain terms which apply to you.

If you do not agree to these terms and conditions, do not register for or use the United website or mobile app. Please note that to use any of the services provided on the United website or mobile app, you are required to register as an authorised user.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS

Amendments

UWG reserves the right at their sole discretion to amend these terms and conditions at any time. We will give you notice if we change these terms and conditions via the e-mail address provided by you on registration or via a suitable announcement on the United website and mobile app. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order Products from us, the terms and conditions in force at the time of your order will apply to the Contract between you and us.

If we have to revise these terms and conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

If you do not wish to accept the new terms and conditions you should not continue to use the United website or mobile app. If you continue to use the United website and mobile app after the date on which the change comes into effect, your use of the United website and mobile app indicates your agreement to be bound by the new terms and conditions.

Our Products

The images of the Products on the United Website and mobile app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer or mobile device's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

The packaging of the Products may vary from that shown on images on our site.

We are under a legal duty to supply products that are in conformity with the Contract.

The Contract

The shopping pages of the United website and mobile app will guide you through the steps you need to take to place an order with us. 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.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of an order takes place on despatch of the order, at which point the Contract will be made and you will be issued with an invoice for your order which will provide payment terms and email confirmation that the order has been accepted by us.

If we are unable to accept your order, we will inform you of this by email and you will not be issued with an invoice for the Product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or any other reason.

We reserve the right to suspend sale or delivery in the event that circumstances arise which, in our view, oblige us to do so, or in the event that our accounts are not paid to terms, or your insolvency. We reserve the right to reduce or cancel orders in the event of your insolvency, or in the event that you cease or threaten to cease business or enter into voluntary arrangement or become bankrupt, our inability through shortage of stocks or for any other reason which affects our ability to execute delivery wholly or in part. We shall inform you by email if we are required to make reasonable alterations to products and/or packaging as circumstances may demand.

We will not be liable for costs, damages, losses or expenses of any nature resulting from part delivery, suspension of delivery, reduction or cancellation of orders.

In the event we suspend sale or delivery or refuse to accept orders placed by you, due to one of the events in the paragraph above, then without limiting any other rights available to us, any Products that have been delivered but not paid for shall become immediately due for payment notwithstanding any previous agreement or arrangement to the contrary.

Where you are a sole trader you will be personally liable to make payment for Products and you hereby guarantee and acknowledge personal liability for payment of the Products and interest chargeable in accordance with these terms and conditions and no waiver that might be extended in respect of these terms and conditions shall affect your liability hereunder. In the event you become a partnership or limited company then you will still remain personally jointly and/or severally liable for payments.

Where you are a partnership or a limited company, an individual or individual(s) with authority to bind you will be personally liable to make payment for Products and interest chargeable in accordance with these terms and conditions and no waiver that might be extended in respect of these terms and conditions shall affect your liability hereunder. Where you are a partnership, these terms and conditions are binding on all of the partners with joint and several liability and no waiver shall affect their individual liability. You shall be obliged to notify us in any change in the partners of your business.

If you do not make any purchases during a 12 month period then we may require new bank references and may carry out bank and/or credit checks where applicable before you are permitted to purchase Products from us. We may (at our discretion) require you to complete a new customer application form.

[Your consumer right of return and refund

If you are a consumer, you have a legal right to cancel a Contract during the period set out below in this section of the terms and conditions. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office

Your legal right to cancel a Contract starts from the date of the [e-mail we send you to confirm our acceptance of your order], which is when the Contract between us is formed. Your deadline for cancelling the Contract is as follows:

[insert cancellation provisions]

To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to [complete the cancellation form on the United website]. A link to the website cancellation form will be included in our order confirmation email you receive. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at info@uwglorder.co.uk or contact our Customer Services team by telephone on [INSERT NUMBER] or by post to [246 Flemington street, Glasgow, G21 4BY]. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

If you have returned the Products to us under these terms and conditions because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

If payment for the Products you have returned has been made, we will refund you using the method you paid for the Products which may involve crediting your customer account. If you used eVouchers to pay for the Product we may refund you in eVouchers.

If a Product has been delivered to you before you decide to cancel your Contract:

(a)

then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. [You can either send it back to [246 Flemington street, Glasgow, G21 4BY], or return it to us in-store].

(b)

unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. ]

Credit accounts

United reserves at all times the right to refuse in its absolute discretion to supply Products on credit or otherwise to you and shall not be required to provide any reason for the refusal to supply such Products.

Credit accounts will be opened, subject to such references as United may, in its absolute discretion, require and United will notify you of the credit terms (if any) granted to you. United reserves the right to withdraw credit facilities at any time without giving a reason. United may, in its absolute discretion, require guarantees or other security before supplying Products on credit

Prices

If a ‘price package’ is offered to you, the placing of an order by you constitutes agreement by you to the price package and credit terms offered to you by United. All prices, discounts and rates of VAT are subject to alteration without notice, but changes will not affect any order you have already placed.

The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

The United website and mobile app contain a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.

Orders

Each order you place with us constitutes an offer by you to purchase the Products in accordance with these terms and conditions.

Orders are accepted subject to availability of Products.

United shall be free to accept or reject each order placed by you and will indicate its acceptance either expressly or by its conduct to the extent it delivers some or all of the Products ordered.

You may order as often as you like provided your balance does not exceed the credit terms granted to you and all previous arrears have been cleared.

Any order for Products may be rejected, by UWG, if it does not fulfil the minimum order requirements of 75 cases of non promotional items excluding cigarettes, and single items.

Delivery

United shall arrange for the delivery of the Products to you at the address you provide us with in your order and you hereby irrevocably authorise United and its representatives to enter upon your premises for the purpose of delivering the Products. Delivery of the Products shall be completed on the Products’ arrival at your premises. Any levy, tolls, fees or congestion charges reasonably incurred by United in performance of the delivery and subsequent return journey shall be reimbursed by you and shall be due on the date of payment to United in accordance with the credit terms granted in respect of the Products delivered.

Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence, but shall be no more than 30 days from the date you receive an email indicating that your order has been accepted. United shall have no liability to you for any delay in delivery of the Products. We will use all reasonable efforts to meet delivery dates and times, however, these are approximate only, [and there shall be liability on UWG for loss or damage, whether direct, indirect or consequential it is delayed or prevented.]

At the time of delivery a copy invoice/delivery note shall be signed by you or by such other person appearing to have authority to sign on your behalf of and the copy invoice/delivery note shall be conclusive evidence of delivery and acceptance of the number of cartons/outers delivered.

Claims for shortages, damaged (where such damage is reasonably apparent on inspection of the Products) or incorrect Products must be notified to United within 12 hours on the following day following your delivery, we will investigate the matter and look at crediting your account.

We reserve the right to refuse delivery of bulk purchases. Bulk purchases may incur additional delivery charges. Contact your local branch manager for details.

If you fail to take delivery of the Products on the ‘delivery to store’ date and time or within 2 hours of the ‘Click and Collect’ time then except where such failure or delay is caused by a Force Majeure Event as set out in these terms and conditions or our failure to comply with our obligations under the Contract, we may;

store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage; and/or
sell or otherwise dispose of part or all of the Products and charge you for any shortfall below the price of the Products plus the amount of all reasonable storage and selling costs.

When you ‘Click and Collect’ or purchase ‘off the shelf’ at any depot then you agree to comply with the Depot Rules that apply from time to time in relation to each of Our depots and the depot car park.

Returns

No Products which are accepted by you except for designated Sale or Return items may be returned for credit or replacement without the prior written consent of United.

Payment

The price of the Products is exclusive of amounts in respect of VAT. You shall, on receipt of a VAT invoice from United, pay to United such additional amounts in respect of VAT as are chargeable on the supply of the Products from time to time.Your shall make payment to United in accordance with such credit terms as are granted to you by United in default of which: all discounts on overdue invoices shall be disallowed; and
the price of all Products supplied by United to you and all distribution and administration costs incurred by United shall become immediately due and payable by you.

Interest shall be payable on all accounts due and unpaid (from the date when payment is due until the date when United receives payment in full) at the rate of 0.5% per week. If the request is re–presented and still fails to be honored, a further £100 administration charge shall become payable until the amount is fully paid. UWG reserves the right to temporarily or permanently suspend or terminate credit and/or cheque facilities and delivery of Products to you if payment is not honored.

In the case of returned cheques, your cheque facility will be withdrawn and if there have been two returned cheques, your credit facility will be suspended. Returned cheques will be charged to your account at £50 per returned cheque. You must immediately pay by cash against the returned cheque and any charges associated with reactivating your customer account.

You shall pay all amounts due in respect of the Products in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against United in order to justify withholding payment of any such amount in whole or in part.

United may make an Administration Charge each time a Direct Debit is unpaid by the your bank. The Administration Charge is £50.00 and may be increased from time to time at United’s sole discretion.

In the case of failed payments, the case will be sent to a debt collection agency at a charge of £400 to you plus £100 admin charge.

United may in its sole discretion take any steps available to it to recover all amounts due to it from you, including pursuing such debts through court proceedings.

If we require to take legal action to recover overdue payments, you will be liable for any expenses incurred in connection with that action whether or not those expenses would ordinarily be recoverable as part of the court process. In particular we will be entitled to recover the cost of diligence on the dependence or in execution.

You may, with the prior written approval of United, be permitted to make payments by debit or credit card, subject to such additional charges and terms as may be applied by United in its sole discretion and notified to you from time to time.

You will notify United in writing of any change of your status as disclosed in the Account Application, for example the addition or retirement of a partner, a change of name or marital status, the incorporation of a limited company, or any other change as may limit or modify your liability or capacity to enter into the Contract: in default of which you shall remain liable to United for the price of all Products (including VAT) supplied.

Retention of title

Risk in the Products shall pass to you on delivery. Notwithstanding delivery and the passing of risk, the Products shall remain the sole and absolute property of United as legal and equitable owner until such time as one of the following events occurs:

United is in receipt of the full price of the Products in cleared funds and there are no amounts outstanding from you in respect of other Products supplied by United; or
you sell the Products in accordance these terms and conditions.

While title in the Products remains with United under these terms and conditions, you agree that:

you shall keep the Products properly housed and protected and shall store them separately from your own Products or the Products of any other person and in such a manner which makes them readily identifiable as the property of United;
you shall at your own expense insure and keep insured all Products in your possession and control against all risks which a prudent trader in Products would insure against with a reputable insurance company and shall, if United so requests, cause United’s interest to be noted on the policy or policies of insurance which shall be made available to United for inspection; and
you shall hold the Products in trust for United.

Before title in the Products has passed from United, and without prejudice to any other rights United may have, United shall have the right (immediately upon (a) the occurrence of an event of default (as defined in these terms and conditions) or (b) United serving notice under as detailed below revoking your authority to sell the Products, but not otherwise) to recover and re-sell the Products (or any of them) and you hereby irrevocably authorise United and its representatives (without notice) to enter upon your premises where the Products are stored, or are reasonably thought by United to be stored, for the purpose of repossessing them and subsequently re-selling them.

You shall be entitled to sell the Products in accordance with the following conditions:

the Products shall be sold in the ordinary course of business and on commercially reasonable terms but you shall not otherwise deal with, charge, sell, part with possession or otherwise dispose of the Products until title to the Products has passed to you in accordance with these terms and conditions;
you shall sell the Products as principal and not as agent for United; and
the principle of “first in first out” shall apply (or be deemed to apply) so that Products which are the subject of earlier invoices will be disposed of (or be deemed to have been disposed of) before Products which are the subject of later invoices.

United may at any time by written or oral notice to you revoke, as to all or any Products not previously sold by you, the authority given under the above paragraph entitling you to sell the Products. Further, your authority under the above paragraph shall immediately cease without notice upon the occurrence of an event of default detailed below. In either event you shall not be entitled to sell any Products without the prior consent of United and on terms that United shall be legally and beneficially entitled to the proceeds of sale.

If (i) you fail to pay any sum due to United on the due date for payment or (ii) if you are in breach of any obligation hereunder which, if capable of remedy, you fail to remedy within seven days of notice from United, or (iii) you are the subjec of sequestration or the grant of a trust deed or you make an arrangement or composition with your creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (if you are a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator, or administrative receiver appointed over its undertaking or any part thereof, or documents are filed within the court for appointment of an administrator of your company or notice of intention to appoint an administrator is given by your company or your directors or by a qualifying floating charge holder (the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of your company or for the granting of an administration order in respect of your company, or any proceedings are commenced relating to the insolvency of your company, or your company suffers or allows any execution, whether legal or equitable, to be levied on its property, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or your company ceases to trade (in these terms and conditions referred to as an “event of default”) then all sums outstanding in respect of Products shall become immediately due and payable and United may suspend all future deliveries and exercise its rights under clause above.

All proceeds of sale shall be held in trust for UWG who may trace funds.

Registration

To register with United website and mobile app you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Password and security

When you register to use the United website and mobile app you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.

If United has reason to believe that there is likely to be a breach of security or misuse of the United website and mobile app, we may require you to change your password or we may suspend your account in accordance with the paragraph below.

eVoucher Terms and Conditions

Using eVouchers

eVouchers can only be used online at www.uniteduk.co.uk subject to these general terms and conditions, and any other specific conditions notified to you on the issue of an eVoucher. An eVoucher is only redeemable through a website owned or operated by United Stores Limited or by United.

An eVoucher is redeemed by entering its code at the appropriate point in the online purchase process on the United website and on the mobile app. Redemption may be subject to you providing proof of entitlement to use the eVoucher.

Your use of an eVoucher indicates your agreement to be bound by these eVoucher terms and conditions.

United reserves the right to withdraw or cancel an eVoucher for any reason at any time.

Distribution of eVouchers

eVouchers are, and remain at all times, the property of United.

The right to use an eVoucher is personal to the original recipient and may not be transferred. No eVoucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of United.

eVouchers distributed or circulated without the written approval of United, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

Permitted usage of eVouchers

Unless expressly stated otherwise at the time of issue of the eVoucher;

each issued eVoucher will be valid for use by a recipient only once,
only one eVoucher will be valid for use per customer or Store, as the case may be, and,
an eVoucher may not be used in conjunction with any other special offer or eVoucher.

eVouchers cannot be exchanged for cash or used to purchase gift-vouchers.

eVouchers cannot be used in conjunction with purchases from the United Depot.

Excluded Products

Certain Products are excluded from all eVoucher offers. These include tobacco, infant formula milk and prescription medicines. From time to time other Products may be excluded and any such further exclusion will be notified to you along with the eVoucher or through the United website and mobile app.

eVouchers may be limited to redemption in respect of certain Products or certain Products may be excluded from the ambit of use of the eVoucher, in which case notice will be given to you at the time of issue of the eVoucher.

Excluded Products will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.

Minimum spend requirements

Where the redemption of an eVoucher is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the eVoucher. Excluded Products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.

If more than one minimum spend offer is valid for use in an order, there must be sufficient qualifying spend to meet the requirements of each offer in total. For example, to use a £3 off £30 eVoucher and a £5 off £50 eVoucher in the same transaction (assuming that these eVouchers can be used together), you must spend at least £80.

Calculation of discount

Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.

Where purchases are stated to be offered on a "VAT-free" basis, the prices of qualifying items will be reduced by the equivalent of VAT. At the current VAT rate of 20% this equates to a discount of 16.67%.

Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.

Security and Fraud

When you use an eVoucher you warrant to United that you are the duly authorised recipient of the eVoucher and that you are using it in good faith.

If you redeem, attempt to redeem or encourage the redemption of eVouchers to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any eVoucher is being used unlawfully or illegally we may reject or cancel any eVoucher and you agree that you will have no claim against us in respect of any rejection or cancellation. United reserves the right to take any further action it deems appropriate in such instances.

Limitation of liability

At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

All offers are subject to availability and while stocks last.

United shall not be liable to you for any financial loss arising out of the refusal, cancellation or withdrawal of any eVoucher or any failure or your inability to use an eVoucher for any reason.

Miscellaneous

We reserve the right to vary or terminate the operation of any eVoucher at any time without notice.

The failure of United to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. United reserves its rights in respect of these terms and conditions at all times.

Refunds for Products purchased using eVouchers under a promotional offer will be based on the terms of the promotional price. Y our statutory rights are not affected.

Excluded Services

The services provided by the United website and mobile app do not include the provision of computer or other necessary equipment to access the United website and mobile app. To use the United website and mobile app you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

Intellectual property

The content of the United website and mobile app is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the United website and mobile app on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the United website and mobile app without written permission from United.

No licence is granted to you in these Terms and Conditions to use any trade mark of United or its affiliated companies including, without limitation, the trade marks United, Shopsmart, Shoplocal, Lifestyle express, Utrack, Umessage, Ucore Select, Spot Buys, Uservices.

Limitations

You may not use the United website and mobile app for any of the following purposes:

•disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

•transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice

•gaining unauthorised access to other computer systems

•interfering with any other person's use or enjoyment of the United website and mobile app

•breaching any laws concerning the use of public telecommunications networks

•interfering or disrupting networks or web sites connected to the United website and mobile app

•making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

United reserves the right to refuse to post material on the United website and mobile app or to remove material already posted on the United website and mobile app.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

•any claim by any third party that the use of the United website and mobile app by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

•any claim by any third party that the use of the United website and mobile app by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

•any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the United website and mobile app by you.

Availability of the United website and mobile app

Although United aims to offer you the best service possible, United makes no promise that the services at the United website and mobile app will meet your requirements. United cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at online@United.co.uk and we will attempt to correct the fault as soon as we reasonably can.

Your access to the United website and mobile app may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. United will attempt to restore the service as soon as it reasonably can.

United's right to suspend or cancel your registration

United may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the United website and mobile app.

The suspension or cancellation of your registration and your right to use the United website and mobile app shall not affect either party's rights or liabilities.

Paragraphs 9, 10 and 13 of these Terms and Conditions shall survive cancellation.

United's liability

The United website and mobile app is provided by United without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The United website and mobile app provides content from other Internet sites or resources and while United tries to ensure that material included on the United website and mobile app is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. United will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the United website and mobile app. If United is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

•incompatibility of the United website and mobile app with any of your equipment, software or telecommunications links

•technical problems including errors or interruptions of the United website and mobile app

•unsuitability, unreliability or inaccuracy of the United website and mobile app

•inadequacy of the United website and mobile app to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the United website and mobile app.

Nothing in this paragraph applies to United’s liability in respect of products sold through the Online Stores.

Nothing in these Terms and Conditions shall exclude United’s liability for personal injury or death caused by its negligence.

Third Party Websites

As a convenience to United customers, the United website and mobile app includes links to other web sites or material which are beyond its control. United is not responsible for content on the Internet or World Wide Web pages on the United website and mobile app, or any other site outside the United website and mobile app.

Advertising and Sponsorship

Part of the United website and mobile app may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the United website and mobile app complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and any disputes will be decided only by the Scottish courts.

International Use

United makes no promise that materials on the United website and mobile app are appropriate or available for use in locations outside the United Kingdom, and accessing the United website and mobile app from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Expiry Date on Payment Card

Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch for Products and in the event that the payment card has expired we will be unable to take payment and fulfil your order.

Use of Community Sites

Each Community Site on the United website and mobile app (together the “Community Sites”) allows users to interact with each other via message boards, and other user forums. We advise you not to post or in anyway reveal any of your personal details on the Community Sites (for example, your address and telephone number).

You may not use the Community Sites for any of the following purposes:

•disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

•transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

•transmitting material containing any form of advertising or promotion for Products and services, junk mail, chain letters or "spam";

•gaining unauthorised access to other computer systems;

•interfering with any other person's use or enjoyment of the Community Sites;

•making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;

•impersonating another person;

•referring to specific website addresses outside of United website and mobile apps; or

•advertising

United does not control the content placed on the Community Sites. However, United reserves the right to refuse to post material, to remove material posted on the Community Sites and to contact you in the event that there are concerns about the content you have added to a Community Site. United may review or edit the content of the Community Sites. Therefore, if you have concerns about any of the content of the Community Sites you should contact us. The relevant content may be removed from the Community Sites. If we believe that any material placed on the Community Sites by you is unlawful we may contact the relevant authority.

United makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of United.

You will be responsible for:

•any claim by any third party that the use of the Community Sites by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

•any claim by any third party that the use of the Community Sites by you infringes that third party's copyright or other intellectual property rights of whatever nature;

•any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community Sites by you.

By submitting material you are granting United a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.

You will be responsible for our losses and costs resulting from your breach of these Community Sites terms and conditions.

Customer Text Survey

We may contact you based on any feedback you give in our shopping customer service text survey.

Privacy Policy and Your Data

Any personal data your supply to Us will be held and processed in accordance with our Privacy Policy which You will be asked to read and accept before you become Our customer. In particular, We will collect, process and share Your data as follows;

We will share the information we hold about you with any group company, any Drop Shipment supplier or any other contractor or third party required for the fulfilment of Our Contract with You,

We may contact you by post, email, telephone, sms or fax with information about Products and services that we feel may be of interest to You that are similar to those you have already purchased.

Where You use EPOS or place orders directly with Us using an electronic ordering system, We may automatically collect and use sales and purchase data to analyse and assess sales. We may anonymise this data and share it with selected suppliers for the same purpose.

Force Majeure

Notwithstanding any other condition we shall have no liability whatsoever under or in any way related to the sale and purchase of the Products or otherwise (whether in contract, delict (including without limitation negligence) or by way of statutory duty) for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond o ur reasonable control.

Pallets, Containers & Roll Cages

You will pay us on demand for all pallets, containers & roll cages on or in which you have received Products from us at cost to us unless they are returned to us or our nominated agents within a reasonable time of delivery.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

If you breach these terms and conditions and United ignores this, United will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the terms and conditions.

United shall not be responsible for any breach of these terms and conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

United Wholesale Grocers Ltd

246 Flemington street, Glasgow, G21 4BY

Company Registration No. SC80027, VAT No. GB220 4302 31

If you have any queries please contact Customer Services at info@uwgl.co.uk