Visor Commerce Ltd. trading as OnBuy (OnBuy) operates the OnBuy website. Visor Commerce Ltd. is a company registered in England and Wales under company number 09108414 and with its registered office at OnBuy House, 12-14 Dean Park Crescent, Bournemouth, BH1 1HL. To contact OnBuy, please see the Contact OnBuy page.
The Site is a marketplace for independent third-party sellers (each a "Seller" with their own shop ("Seller Shop")) to sell Products to you.
Please note that although OnBuy provides the marketplace to help facilitate transactions, which are carried out through the Site, OnBuy is neither a buyer nor a seller of the Products. Therefore, OnBuy recommends that before placing an order you make sure that you are happy with the Terms and the Seller you are dealing with as OnBuy cannot give any guarantee or warranty as to the Products supplied by the Seller.
The Contract will comprise of the Terms and the Seller's additional terms and conditions ("Additional Terms") which appear in the "Returns and Terms" tab on the Seller Shop page.
You will be invited to agree to the Terms when you open an account with OnBuy. The Terms may be updated from time to time as set out in clause 8. Every time you wish to order Products, please check the Terms to ensure you understand the terms which will apply at that time. The Terms were most recently updated on 6th April 2022.
In the Terms any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Terms of Contract with Seller
These Terms and the Additional Terms will apply to any Contract between you and the Seller for the sale of Products to you. Please read them carefully and make sure that you understand them, before ordering any Products from the Site. If there is any discrepancy between these Terms and the Additional Terms, the provision in these Terms will apply and you should disregard the alternative provision in the Additional Terms.
These Terms, and any Contract between you and the Seller, are only in the English language.
1 Information about Sellers
Information on each Seller including the company name, company number, registered office and, where applicable, the trading address and VAT number are available on the Seller Shop page.
2.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site are approximate only. If any material discrepancy comes to light after you have placed an order we will inform you by email as soon as possible and give you the option to cancel your order (in which case we will process a refund of the full amount as soon as practicably possible).
2.3 The packaging of the Products may vary from that shown on images on the Site.
2.4 All Products shown on the Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will process a refund of the full amount as soon as practicably possible.
3 Use of this Site
3.1 Your use of the Site is governed by OnBuy Terms of Website Use. Please take the time to read this document as it includes important terms which apply to you.
3.2 If you post or publish any content on the Site you agree that:
3.2.1 any feedback on Sellers or Products which you to post or publish will comply with OnBuy's review guidelines; and
3.2.2 you will not post or publish any content which is libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way.
Due to the volume of Sellers and Products on the Site OnBuy is unable to review all the feedback/content submitted. Therefore, please let OnBuy know of any defamatory, illegal or offensive posts immediately by contacting OnBuy via email at [email protected]. OnBuy will then review these and take the appropriate action.
You acknowledge and accept that your failure to use the Site in accordance with the OnBuy Terms of Website Use may result in your access to the Site being blocked.
4 How OnBuy uses your personal information
5 If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 As a consumer, you may only purchase Products from the Site if you are at least 18 years old.
5.2 Certain Products on the Site can only be purchased if you satisfy the legal age requirement for that Product in the country in which we operate.
5.3 You acknowledge and accept that we may perform proof of age checks when you make an order for a Product. Please note that in proceeding to order a Product through the Site, you consent to these checks being carried out. If you do not consent to these checks being carried out, you should not order Products through the Site.
5.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6 If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
6.2 These Terms and the Additional Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and the Additional Terms.
7 How the Contract Is formed between you and us
7.1 For the steps you need to take to place an order on the Site, please see About Us.
7.2 The order process on the Site allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an email from OnBuy acknowledging receipt of your order ("Order Confirmation"). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.5. Without affecting your rights to return the Product as set out in these Terms, you can cancel your order for a Product at no cost to you at any time before we dispatch the Product to you.
7.4 Without affecting your rights to return the Product as set out in these Terms, you can cancel your order for a Product at no cost to you within 30 (thirty) minutes of placing the order. Thereafter, if you wish to cancel prior to delivery, a cancellation request will be sent to us for review. The cancellation is at our discretion and we do not guarantee that your order will be cancelled. For details about cancellation after delivery please see clause 9.
7.5 The Contract between us will only be formed when we dispatch your Product to you.
7.6 If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on the Site as referred to in clause 12.5), we will inform you of this by email and we will process a refund of the full amount as soon as practicably possible.
8 Right to vary these Terms
8.1 These Terms may be updated from time to time.
8.2 Every time you order Products from us, the version of these Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating on the Site that these Terms have been amended.
9 Consumer rights of return and refund
This clause 9 only applies if you are a consumer.
9.1 As a consumer, you have legal rights in relation to Products that are faulty, of poor quality or not as described under the Consumer Rights Act 2015. As such, the Products must be:
9.1.1 of satisfactory quality, i.e. not faulty or damaged;
9.1.2 fit for purpose, i.e. the Products should be suited to the purpose they are supplied for; and
9.1.3 as described, i.e. the Products must match their description.
9.2 Cancellation requests submitted within 30 (thirty) minutes of placing the order will be processed automatically and you will receive an automatic refund of the price you paid for the Products and any applicable delivery charges you paid.
9.3 You also have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Regulations"). This means that if, during the period described in clause 9.5, you change your mind or for any other reason you decide you do not want to keep a Product, you can cancel the Contract and receive a refund.
Advice about your legal right to cancel the Contract under the Regulations is available from your local Advice Bureau or Trading Standards office.
9.4 However, this cancellation right does not apply in the case of:
9.4.1 products made to your specification, clearly personalised, custom-made or commissioned in any way;
9.4.2 perishable items including food, drink and fresh flowers;
9.4.3 audio or video recordings, computer software, DVDs or CDs which have a security seal which you have opened or unsealed after you receive them;
9.4.4 any digitally downloaded Products such as but not limited to audio or video recordings, computer software which have been activated;
9.4.5 newspapers, periodicals or magazines; and
9.4.6 items which by their nature cannot be returned (such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied).
9.5 Your legal right to cancel the Contract may be exercised at any time during the 14 day period starting from the date on which the Contract between us is formed (being the date when we dispatch the Products to you).
9.6 To cancel a Contract, or request a goodwill return, please log in to your customer account ("Customer Account") here: Customer Account Login, find the order from the list of recent orders, locate the specific Product and select the cancel option to begin the process. Your request is effective from the date you submit it through the system on the Site.
9.7 Where you have exercised your legal right to cancel:
9.7.1 if the Product is returned to us in the same condition as you received it in, you will receive a full refund of the price you paid for the Product and any applicable delivery charges you paid; or
9.7.2 if the Product is not returned to us in the same condition as you received it in, we may not be able to sell them to someone else in which case we may refuse to accept the return or we may accept the return on the basis that you receive only a partial refund (usually not more than 50% of the price paid). If you do not agree to the amount of the partial refund and request that we return the Product back to you, you are responsible for the costs of such return; and
9.7.3 any refund will be processed within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 9.6 provided that the Product is returned to us or made available for collection as described in clause 9.10.
9.8 We also operate a goodwill refund policy allowing you to return Products within 30 days of delivery in exchange for a refund provided the Products are in an unused and undamaged condition. We will process your return, and the refund will be processed as soon as possible (usually within 3 working days) after we receive the Products from you.
9.9 If you return the Products to us because they are faulty or mis-described, we will offer resolutions based on the timelines outlined in the Consumer Rights Act 2015.
9.10 Where Products are to be returned to us:
9.10.1 you must return the Products to us as soon as reasonably practicable unless we decide that the Products should be collected in which case we shall collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
9.10.2 unless the Products are faulty/not as described or the Additional Terms state that we will be responsible for the cost of return or collection, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. Where a collection is possible, we will confirm the charges for collecting the Products before arranging a collection with you; and
9.10.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.11 The return address to which you should return the Product is provided on our Seller Shop. Alternatively we may (at our discretion) provide you with a prepaid returns label or make a refund without requesting that the Product is returned or arrange to collect the Product from you.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the goodwill returns policy described in this clause 9 or by these Terms.
Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control (as described in clause 17.2). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we may contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 The Products will be your responsibility from the completion of delivery.
10.4 You own the Products once they have been delivered to you.
10.5 If you order a large and/or heavy Product, our courier may be unable to get the Product into your property. In these situations, our courier may offer to deliver the Product to the closest possible point to your property (such your garage) so you can make arrangements to get the Product into your property. If not, the courier may attempt another delivery, or we may give you a full refund.
11 International delivery
11.1 We deliver to the countries set out on our Seller Shop page ("Delivery Destinations"). However there are restrictions on some Products for certain Delivery Destinations, so please review the information on our Seller Shop page together with the associated costs carefully before ordering Products.
11.2 If you order Products from the Site for delivery outside the Primary Country Location, your order may be subject to import duties and taxes which are applied when the delivery reaches its destination. In all other cases we are responsible for payment of any import duties and taxes.
11.3 You must comply with all applicable laws and regulations in the Delivery Destination. We will not be liable or responsible if you break any such law or regulation.
12 Prices and delivery charges
12.1 The prices of the Products will be as quoted on the Site from time to time. The currency will be displayed in the currency of the Primary Country Location.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
12.3 The price of a Product includes value added tax or other sales tax which (where relevant) will be applied at the current rate chargeable in the Delivery Destination for the time being.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site. To check current delivery charges, please refer to our Seller Shop page for the Product you are ordering. The delivery charges include VAT or other sales tax applicable at the current rate chargeable in the Delivery Destination for the time being.
12.5 The Site contains a large number of Products. We and OnBuy take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system and we normally check prices as part of our dispatch procedures. However it is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced:
12.5.1 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12.5.2 Whenever a pricing error is discovered we will treat the order as cancelled and notify you in writing.
13 Payments and refunds
13.1 You can pay for Products using your PayPal balance or any major debit or credit card. The following cards are accepted: Discover, Visa/Visa Debit/Visa Electron, Mastercard, Maestro, and American Express (AMEX).
13.2 Your payment comes directly from you to us, securely processed by PayPal. Please note that OnBuy never handles your money.
13.3 Payment for the Products and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your Products using the shipping method you selected on purchase.
13.4 The payment arrangements in this clause 13 shall not affect any rights that you may have against us under these Terms.
13.5 Any refund you are entitled to under these Terms will be made via the same payment method used by you to make payment. If the refund is made within 180 days of the date of your order it will be processed through PayPal, after that time we will make any refund due to you directly to you.
14 Manufacturers' guarantees
14.1 1Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 If you are a consumer, any manufacturer's guarantee is provided to you in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15 Limitations on our liability
This clause 15 only applies if you are a business.
15.1 Where the Products are supplied for use by your business, you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
15.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
15.2.4 breach of section 2 of the Consumer Protection Act 1987.
15.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Subject to clause 15.2, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4 Subject to clause 15.2, 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 paid for the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16 Discount codes
16.1 Discount Codes are available to use on products purchased from the Site. Please see Discount Codes Terms for further information.
17 Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including, but not limited to, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.1 When we refer, in these Terms, to "in writing", this will include email.
18.2 If you cancel the Contract in accordance with your legal right to do so as set out in clause 9, or you wish to request a return in accordance with our goodwill refund policy or if you wish to contact us for any other reason you must submit a notification through your Customer Account. A notification submitted through your Customer Account will be treated as having been received as soon as it is sent. We recommend that you keep a copy of any cancellation notification which you submit for your own records.
18.3 If you wish to contact us after your Customer Account has been closed, you should contact us by first class pre-paid post to our registered office (or, if we are not a limited company, to our principal place of business). Any such communication will be treated as having been received 3 days after the date of posting.
18.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18.5 If you wish to contact OnBuy (for example to give feedback on the Site), you should send this to OnBuy by pre-paid post to Visor Commerce Ltd.. at OnBuy House, 12-14 Dean Park Crescent, Bournemouth, BH1 1HL.
19 Other important terms
19.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 The Contract is between you and us and, subject to clause 19.4, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 OnBuy shall be entitled to enforce the Contract under the Contracts (Rights of Third Parties) Act 1999.
19.5 Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.
19.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.7 If you are a consumer, the Contract will be governed by English law. If you are resident in England and Wales, the courts of England and Wales will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with the Contract (including disputes as to the formation of the Contract). If you are resident in another jurisdiction, legal proceedings may be brought in the courts of England and Wales or in the courts of the jurisdiction in which you are resident.
19.8 If you are a business, the Contract will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with the Contract (including disputes as to the formation of the Contract).
19.9 For more information about how disputes arising through use of the Site can be resolved please visit www.onbuy.com/gb/buyer-protection/.
19.10 We will not file a copy of the Contract between us.