Warrington Market - Click and Collect - Terms and Conditions
The website is a site owned and operated by Warrington Market on behalf of Warrington Borough Council referred to as ("we", "us", "our").
1.0 Use of this website
The terms specified below explain how to access the website and any services accessible through this website.www.warrington.gov.uk/contactless-market.
By accessing this website and/or placing an order you agree to be bound by the Terms and Conditions set out below.
www.warrington.gov.uk/contactless-market is an eCommerce site that enables Warrington Markets independent retailers to sell their products online and to provide opportunities for customer to receive goods through contactless collection or delivery.
Any questions regarding the Terms and Conditions or subsequent issues should be directed to:
Warrington Temporary Market, Time Square, Warrington WA1 2NH
1.1 General terms
Access to this website is granted strictly in accordance with these Terms and Conditions. These Terms and Conditions apply also to all orders/delivery requests placed by you through this website.
Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.
We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders/delivery requests.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; or
- Change the Terms and Conditions from time to time.
You will be deemed to have accepted such changes if you continue to use this website (or any part of it) or you continue to place orders / delivery requests after any such changes.
It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed.
If you do not agree to any change of the Terms and Conditions then you must immediately stop using this website.
We have taken every care in the preparation of the content of this website. However, except to the extent required by applicable law or as otherwise set out in these Terms and Conditions, Warrington Borough Council does not represent or warrant the accuracy or reliability of any of the information or content about any products or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from this website.
1.2 Our responsibility for loss or damage suffered by you
To the fullest extent permitted by applicable laws, Warrington Borough Council hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the website or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.
Nothing in these Terms and Conditions limits Warrington Borough Council liability for fraud or death or personal injury resulting from our negligence.
All information or content transmitted by any functionality made available on this website (including any mobile applications or a version of the website optimised for use on mobile devices), including online invitations, e-cards, email or send to a friend functionality are the responsibility of you, the sender. You confirm that by using this service you will not transmit any material which could be considered offensive, obscene or otherwise objectionable. The Council nor the Trader can be held liable either directly or indirectly for the content of any such functionality, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You hereby agree to indemnify Warrington Borough Council and the Trader for any such loss which may have occurred.
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed products. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.
To comply with licensing and other legislation some products and services on this website are only available to certain categories of customers (such as people aged 18 years and over) ("Restricted Items"). The types of items that fall into the category of Restricted Items include analgesics, alcohol, certain CDs / DVDs / Games, e-cigarettes, crackers containing sparklers, fireworks and sparklers, knives / razor blades, gardening tools, party poppers.
1.3 Contract creation and electronic contracting
The technical steps required to create the contract between you and the Trader are as follows:
- You will be guided through the process of placing an order by a series of simple instructions on this website. You place the order for your products on this website by adding an item in to your shopping cart.
- You will receive an email, acknowledging your order, detailing the products you have ordered and what to do next
- Order acceptance and the formation of the contract between you and the Trader will take place on the dispatch to you of the products ordered unless you are notified that your order has not been accepted or you have cancelled it in accordance with the instructions below.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered is not available from stock.
- The Trader is unable to obtain authorisation for your payment.
- A price or product description error is identified.
- You do not meet the eligibility to order criteria set out in the main Terms and Conditions.
The contract or any order will be concluded in English. If you do require any information regarding orders you have placed with a Trader please email: email@example.com. The market team will liaise with the trader to facilitate a response. The address details of which are set out in section 1.0.
1.4 Privacy Notice
2.0 Purchasing goods from our traders
2.1 Contracts with Traders
We are not a Trader, a seller, or any kind of agent or intermediary for you or any of the Traders that make products available to you through the www.warrington.gov.uk/contactless-market website. We do not sell the products available through the website and are not responsible for any part of the contract for the supply of products by any Trader, so we’re not responsible for their products or for any delivery, returns, refunds, guarantees, warranties or other after-sale care or for any related problems you may suffer. You will need to make your own independent judgement regarding your interaction with any Trader including the purchase and use of any products made available by them.
2.2 Online shopping
Delivery services are only available if specified within a Traders’ online shop. Delivery is only available in the borough of Warrington.
2.3 Contactless click and collect drive-thru
Collection times are specified on the contactless-market website and on the order pages for each trader. You will also receive an instructional email of how and when to collect your order. There is no charge for collecting products from our contactless drive-thru or for collecting products from the trader directly when placing a telephone order with Traders offering a telephone service.
Customers collecting shopping from our contactless click & collect drive-thru, whether the registered customer or a third party, must arrive at the collection point in the vehicle with the same registration plate used at the time of placing the order. You must ensure your boot is accessible for staff on arrival, without having to leave your vehicle. If not, you must open you boot using your key fob. If this is not possible, you must leave the collection point and move to a safe area to ensure this has been completed before returning to collect your order. You must not leave you vehicle or wind down your window at any time during the collection process to ensure a contactless experience is maintained.
2.4 Delivery arrangements
Shopping must be completed in time for Traders to prepare your order for delivery. Orders placed before 4pm will be delivered the following day. Orders placed after 4pm will be processed the following working day and delivered the next day. Products will always be delivered to the address supplied at the point of ordering.
Standard delivery is Mon- Sat, between 10am-5pm. Traders are unable to offer specific time slots.
Traders may offer different delivery days and times, however details will always be specified on the order page if different than the standard delivery.
You must ensure someone is available to accept your order. If no one is available to accept your delivery, a card will be left by the driver asking you to contact the Trader at your earliest convenience to arrange an alternative delivery time.
There is a standard charge of £3 for a rearranged delivery. The Trader will endeavour to get your shopping delivered as soon as is practically possible. In cases where it is not possible to offer redelivery, your order will be cancelled and the cost of your order and any other associated charges will be refunded to you.
If you have not contacted the Trader to rearrange a failed delivery within 48 hours, your order will be cancelled and the cost of your order (excluding the cost of perishable items and any other associated charges) will be refunded to you.
If your nominated representative is not aged 18 or above, we will not deliver any products. Restricted Items (as defined in section 1 "Use of the website" above) will not be delivered if the recipient looks under the age of 25, unless proof of age can be provided and social distancing can be maintained.
2.5 How do Traders receive and accept orders
The acceptance of your order will take place when you receive a confirmation email for your order. At this stage, a contract has been agreed between you and the relevant trader for the purchase and supply of goods.
2.6 If a Trader is unable to accept your order
If a trader is unable to accept your order, they will inform you of this and will not charge you for the relevant product or, where applicable, refund you the price paid for the product within a reasonable period of time. This might be because the product is out of stock, because of unexpected limits on a their resources which they could not reasonably plan for, because the trader has identified an error in the price or description of the product or because the trader is unable to deliver the goods is the specified time frame.
2.7 Where to find the price for the products
The price of the products (which includes VAT) will be the price indicated on the order pages where you placed your order. Traders will take all reasonable care to ensure that the price of the product advised to you is correct.
Products and prices may not be listed where traders are only offering telephone orders.
2.8 Products may vary slightly from their pictures
The images shown on the contactless-market website are, where possible indicative of the items you will receive. Although Traders have made every effort to display the colours accurately, vendors cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those shown in the image and items listed on the traders order page due to seasonal variations and general availability, however the value of goods specified will always remain the same.
2.9 Changing your order
If you wish to make a change to the product you have ordered, please contact firstname.lastname@example.org and we will contact the Trader in the first instance. The Trader will then contact you direct and let you know if the change is possible.
2.10 Amendments to orders
Amendments to placed orders must be completed by 4pm on the day before delivery or collection.
Please contact: email@example.com or via our ‘contact us’ section of the website.
2.11 General payment provisions
Any of the following cards may be used to pay for your shopping: Visa Debit (Delta), Maestro UK, MasterCard, Visa Credit, Solo, American Express and Paypal.
Your card will be charged immediately upon placing the order.
2.12 General Pricing Policy
The prices stated on the site are inclusive of any VAT payable.
Charges are only applicable to delivery services. You will not be charged for your shopping to be picked and packed.
Traders reserve the right to amend delivery charges. They will be clearly defined during the checkout process.
2.13 Nutritional information
Nutritional information is specified for the general information of the public. It contains information gathered from traders and we give no responsibility, representation or warranty for the Nutritional information stated.
2.14 Refund policy
We do not sell the products available through the website and are not responsible for any part of the contract for the supply of products by any Trader. Therefore we’re not responsible for their products or for any returns, refunds, guarantees, warranties or other after-sale care or for any related problems you may suffer.
Your legal rights
The right to cancel is not available on any perishable items when ordered by a distance sale or off premises as specified in Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Refunds or exchanges will only be accepted in line with the Consumer Rights Act 2015.
If you are entitled to a refund the Trader will make the relevant refund to you.
If you wish to request a refund or cancellation, please contact: firstname.lastname@example.org or call 01925 632571.
3.0 Mobile Access
This section of the Terms and Conditions applies (in addition to the remaining Terms and Conditions) when you access this website using a mobile application or a version of this website optimised for use on mobile devices (the "Mobile Access Channel"). If you do not agree to be bound by any of these Terms and Conditions, you may not use or access the Mobile Access Channel and should, if applicable, delete any mobile application used to access the Mobile Access Channel.
The Mobile Access Channel is data intensive. You are responsible for any carrier or other data charges incurred when using it, and Warrington Borough Council, will not be liable for any charges you incur. We recommend you check with your network provider if you are unsure of the charges that may apply.
The Mobile Access Channel will use your device's cellular and/or Wi-Fi connection to synchronise content, including recipes, product catalogue and branch information on the Mobile Access Channel with the information on the webpage.
As we have no control over your device's network connection, except to the extent required by applicable law or as otherwise set out in these Terms and Conditions, we do not represent or warrant that any information (including prices, stock availability, product and store information) is correct or up to date. In the event of a price discrepancy, content and prices published on the www.warrington.gov.uk/contactless-market website will take precedence over any other publication or place of publication. The Mobile Access Channel is only intended for use by users located in the United Kingdom excluding the Channel Islands. Users accessing the Mobile Access Channel from outside the United Kingdom are responsible for confirming the legality of doing so under local law, and should also note the section of these Terms and Conditions entitled "Delivery/collection restrictions".
4.0 Company Information
Trader business information is available on request by emailing: email@example.com
All rights reserved. No part of this website may be reproduced in any material forms (including storing in any medium by electronic means) without the prior written permission of Warrington Borough Council.
5.0 Other important terms
We may transfer our rights and obligations under these terms to another organisation.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Headings in these terms are for ease of reference only and do not limit the scope of the relevant section.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law.