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Terms and Conditions

About us

What’sInStore (“WIS”) is an online platform that connects shoppers with live offers on groceries, products, goods and services from retailers in their area. Traditionally, shoppers have been forced to use a variety of methods to find the latest deals, from trudging from shop to shop to scanning an endless list of emails. WIS’ easy-to-use online offer comparison portal simplifies this task, by bringing the brick and mortar world of local commerce onto the internet.

By visiting whatsinstore.co.uk (“the Website”) or scanning a product barcode on the WIS iOS or Android apps (“the Apps”), shoppers can discover, browse, and elect to receive further notifications and information about dozens of live offers on goods and services advertised by both local and national retailers. Where shoppers want to take up an offer, the WIS listing provides them with the contact details needed to visit or contact the local retailer directly.

For those who don’t fancy a trip to the shops, the new What’sInStore Marketplace service (“the Marketplace") allows shoppers to browse offers for products and services that retailers have made available for direct purchase on www.whatsinstore.co.uk. Where a shopper wishes to take up an offer, the Marketplace’s secure third-party payment portal, provided by Stripe, will handle and collect payment on the retailer’s behalf.

Key offerings

Local Deals. WIS allows shoppers to receive personalised offers on the products and brand offerings they are interested in from retailers within their set geographical area. Retailers in turn can generate these offers according to real-time data as to customer demand, segmentation, attributes and purchase history. These offers can be sent, personalised and targeted instantly to interested shoppers within a close geographical proximity through the Website, Apps, text notification and email.

National Deals. The WIS Platform provides a one-stop-shop where shoppers can find live, targeted offers from a selection of national retailers such as Sainsbury’s, Tesco and Waitrose. For national retailers, the WIS Platform offers an alternative to traditional marketing and brand advertising, allowing them to acquire new customers and generate additional revenue.

Featured Daily Deals. Shoppers can subscribe to daily emails offering deals relevant to their profile, interests and geographical location. WIS’ daily deals are distributed on behalf of third-party retailers to shoppers using WIS’ unique targeting technology, which distributes deals to current and potential customers based on their location and personal preferences.

Coupons, Vouchers & Credits. From time to time, shoppers may be able to obtain and/or purchase coupons, vouchers or credits offered by third-party retailers on the WIS Platform.

Our contact information

What'sInStore is a business name of Appy Zebra Limited, a company incorporated and registered in England and Wales with company number 09089351, and registered offices at 47 Church End, Biddenham, Bedford, MK40 4AS.

If you have any questions concerning the information presented within the T&Cs, please contact us at hello@whatsinstore.co.uk. Our correspondence address is Communications House, 26 York Street, London, WIU 6PZ

Move to below additional terms

How to find what you’re looking for?

To make this page easier to navigate, we have organised the Terms and Conditions (“Terms”, “T&Cs”) according to the following indexed categories. Please click on the blue links below to go straight to more information on each area:

Definations: this section provides short definitions of the key terms and legal phrases used throughout this document.

Plateform terms of use:this section outline the terms according to which: (1) we license your use of the Website, Platform and Apps; (2) both you and we upload and make available any Content, product listings or services; and (3) we may revoke your license.

Buyer terms:this section details the basis on which you purchase goods and/or services or services listed on the Platform, how WIS will use your personal information, your right to return or seek a refund for an order, and what to do if something goes wrong.

Seller terms:this section provides information as to registration and membership fees, how to create a product listing, what our respective roles are when you sell a product or service to a Buyer, and the circumstances in which we will collect VAT from the Buyer in your place.

Affiliate terms:this section outlines the terms and conditions according to which individuals can earn commission by promoting deals on WIS, including the Content and advertising standards they must comply with when promoting a deal.

Additional terms:these terms describe how we may use your personal information, transfer our rights and obligations under these T&Cs to a third party and the governing law and jurisdiction to which any dispute under these Terms must be submitted.

Definitions

“Access” means accessing, viewing, downloading, streaming, visiting or otherwise obtaining information, materials, data or any form of Content or media as lawfully made available from time to time on the Platform.

“Account” means your WIS account.

“Affiliate” means any individual, cooperative or third-party publisher, such as a blogger, influencer or social media profile, who generates traffic or leads to Sellers’ listings on the Platform as part of WIS’ affiliate programme.

“Affiliate Link” means the unique tracking link provided by WIS to an Affiliate, which the Affiliate can distribute on other platforms and communicate to other persons, so as to drive traffic to a Product Listing.

“Affiliate Terms” means the additional terms and conditions applicable only to Affiliates.

“Affiliate Transaction” means those transactions by customers in which an Affiliate is eligible to receive a commission.

“Agreement” or “Terms” refers to these Terms and Conditions and any subsequent modifications as made from time to time.

“Apps” means any non-browser based application that What’sInStore may make available to download and install from time to time onto a device, including any updates, enhancements, modifications or variations thereto.

“Applicable legislation” means, with respect to any legal person, all provisions of laws, statutes, ordinances, rules, regulations, permits, certificates, judgments, decisions, decrees or orders of any governmental authority applicable to such legal person.

“Buyer” means any legal personal, whether a natural person or legal entity, lawfully able to purchase goods and/or services tendered by third-party retailers on the Platform.

“Buyer’s Terms” means the additional terms and conditions applicable only to Buyers.

“Content” means any and all data, files, documents, multimedia files, third party links, images, videos and any other information, code or material whatsoever (in any format) made available to you or by you (including any Content owned by a third party) in connection with the use of Platform or otherwise accessed and/or processed on the Platform.

“Data Protection Laws” means to the extent the law of the United Kingdom applies, the Data Protection Act 2018 and the retained EU law version of the General Data Protection Regulation (EU) 2016/697; to the extent that the law of any other jurisdiction applies, any applicable legislation concerning data privacy, protection and integrity that may enter into force from time to time.

“Order Acceptance Email” means the email sent by WIS to customers informing them that the Seller has accepted their order, and that a legally binding contract for the supply of goods and/or services has come into force.

“Order Confirmation Email” means the email informing customers that WIS has received their order, and is communicating its details to the Seller. No contract for the sale of goods or services comes into force upon the customer’s receipt of the Order Confirmation Email. It signifies merely that WIS has received the customer’s request to contract for the goods, and is processing this request. WIS and/or the Seller may still reject the order at this stage exercising their sole, final and non-contestable discretion. An order will only be finalised upon the customer’s receipt of an Order Acceptance Email.

“Intellectual Property Rights” patents, rights to inventions, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, confidential information (including know-how and trade secrets) and all other intellectual property rights pertaining to WIS whether now or in the future.

“Marketplace” means the collection of Services made available on the Platform that collectively enable Buyers to directly place an order on the Platform with Sellers for Products.

“Personal data” means any information related to an identified or an identifiable natural person. For example, the first and last name, account data, telephone, credit card or email address details of any persons.

“Products” mean goods or services which are described, advertised or otherwise made available on the Platform.

“Product Listing” means the unique URL product page of any items marketed on the Platform.

“Seller” means any legal personal, whether a natural person or legal entity, lawfully able to tender goods and/or services to businesses and/or consumers on the Platform.

“Seller’s Terms” means the additional terms and conditions applicable only to Sellers.

“Service” means any service made available on the WIS Platform.

“Stripe” means Stripe Payments Limited, the Electronic Money Institution authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 with firm reference number 08480771. STRIPE PAYMENTS UK LTD is a company incorporated in England and Wales with company number 08480771, whose head office is. At 9th Floor, 107 Cheapside, London, EC2V 6DN.

“Subscriber” means any natural person or legal entity who signs up to any WIS Service under which they are entitled to send, and/or consent to receive, notifications about Products or offers

“T&Cs” refers to these Terms and Conditions and any subsequent modifications as made from time to time.

“Website” means the collection of publicly accessible, interlinked webpages that can be called up as individual webpages via the URL domain name https://www.whatsinstore.co.uk, and materials, data, media, source code, or otherwise Content as made available from time to time therein.

“WIS”, “We”, “Our”, or “Us” refers to ‘What’sInStore,’ a trading name of Appy Zebra Limited. a company incorporated and registered in England and Wales with company number 09089351, and registered offices at 47 Church End, Biddenham, Bedford, MK40 4AS.

“You” or “Your” means any visitor or user of the Platform that is subject, and has lawfully consented, to these Terms. In the Buyer Terms, “you” refers to a business or consumer customer transacting on the WIS Platform. In the Affiliate Terms, “you” refers to an individual or business entity participating in WIS’ affiliate marketing programme. In Seller Terms, “you” refers to any third-party that lists, offers or otherwise makes available their goods and/or services for sale, lease or hire on the Website or Apps.

(1) Website Services Terms of Use

1. These T&Cs

1.1. These terms and conditions, together with our Privacy and Cookies Policies, (“the T&Cs”) set out the legally binding terms that apply to visitors to and users of the Website, Marketplace and WIS Android and iOS apps (collectively “the Platform”). They set out the basis on which we permit your use of the Platform. This includes your download of the Apps.

1.2. Please read these T&Cs conditions and make sure you understand them before visiting the Platform or accessing any other services that we may offer from time to time. By visiting the Platform, you agree to be bound by these T&Cs. If you do not accept them, you must not download, visit or use our Platform or services.

1.3. These T&Cs may be updated or amended every so often. Please do remember to regularly check back as the latest set will apply. In the event of a significant change to these T&Cs, we will give you at least 30 days’ notice in writing prior to implementation. During this period, you will have the right to terminate your WIS Platform Account, subject to settling any outstanding fees.

2. Your Status

2.1. Individuals: in accepting these terms and conditions, you warrant that you are aged 18 or over, and that you are mentally fit and competent to enter a binding legal agreement.

2.2. Legal entities : if you are an agent or employee of any entity, such as a company or retailer that wishes to become a Seller on the Platform, you represent and warrant that

  • the individual accepting this agreement is authorised to accept this agreement on such entity's behalf and to bind such entity.
  • such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.

2.3. Children and young adults: The Website and Apps are not designed or intended to be used by individuals who are less than 16 years of age. If you are aged 15 or under, you must not place an order through this Website, except where to impose such a restriction would be incompatible with our statutory requirements in your jurisdiction.

2.4. Age-restricted products or services: For certain products and/or services, including but not limited to alcohol, energy drinks and tobacco, we reserve the right to reject and refund any order where it becomes known to us that the age of the Buyer, or intended beneficiary, of the products and/or services is under any statutory minimum legal age of purchase, consumption or enjoyment codified in applicable legislation.

2.5. Reasonable adjustments: If you self-identify as having any Protected Characteristic, disability or impairment as defined under the Equality Act 2010 or other applicable legislation, and require reasonable adjustments to in relation to accessing the Platform or any of our services, please email hello@whatsinstore.co.uk.

3. Accessing our services

3.1. Access to the Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason, the Platform or any of the services contained therein, are unavailable at any time or for any period.

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

3.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.

3.4. It is your responsibility to ensure that all information (including your name and address) you upload to the Website or Apps, is correct and accurate

4. Use of the What’sInStore App

4.1. Where you download the What’sInStore App from a download store, we grant you the right to use the App on an iOS or Android product that you own or control.

4.2. You may not:

(a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it;

(b) rent, lease or otherwise transfer rights to the App; or

(c) use the App in any way that could impair the App or Platform in any way or interfere with any party’s use or enjoyment of our App or Platform.

4.3. Neither we nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the App or any other part of the Platform.

4.4. In using the App through an iOS or Android product, you confirm that you have agreed to the applicable terms and conditions relating to such use.

4.5. If you breach any of these T&Cs, your right to use the App, Platform and/or any of our ancillary services will cease immediately and you must, at our option, return and/or destroy any copies of the Content you have made.

Acceptable use policy

5.1. You agree that you will not in connection with the Platform or any of our Services:

(a) breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;

(b) publish or send any information (including links or references to other Content), or otherwise behave in a manner, which, in the sole and non- contestable opinion of WIS:

  • unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive.
  • infringes any intellectual property or other rights of others.
  • involves phishing or scamming or similar; or
  • we otherwise reasonably consider to be inappropriate;

(c) publish or send any information which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person's explicit written consent or you are the parent/guardian of such person.

(d) impersonate any person or entity for the purpose of misleading others.

(e) sell access to the Platform or any of our services.

(f) use our Platform to provide a similar service to third parties or otherwise with a view to competing with us.

(g) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us.

(h) do anything which may have the effect of disrupting our Website or Apps, or our users’ enjoyment of them, including introducing worms, viruses, software bombs or mass mailings.

(i) gain unauthorised access to any part of our Website or equipment used to provide our Website.

(j) use any automated means to interact with our systems excluding public search engines.

(k) attempt, encourage or assist any of the above.

6. Content

6.1. This Website may include information and materials uploaded by other users of the Platform. This Content has not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values. You agree that any Content uploaded to or displayed on the Platform is the sole responsibility of the person from whom such Content originated and we are not responsible for it.

6.2. We do not provide any representations, warranties or guarantees that any Content provided on the Platform is accurate, complete, fairly presented or up to date. While we use reasonable endeavours to try and ensure the quality standards of the Content, you rely on the Content at your own risk.

6.3. We reserve the right to withdraw, alter and permanently remove Content on the Platform or to take such steps as we deem necessary to comply with our legal obligations, including where applicable, the disclosure of such Content to relevant authorities.

6.4. Any Content you upload to our Platform will be considered non-confidential and non- proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of our Platform a licence to use, store and copy that Content and to distribute and make it available to third parties. In particular, WIS may use your Content, including any photographs you upload for marketing and promotional purposes. This includes (i) offering it to other Sellers to use in their listings, and, (ii) displaying it to WIS buyers and users in their use of the Website.

6.5. In technical terms, when providing us with Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of the copyright attaching to the Content), irrevocable, royalty free (WIS will not owe you any consideration, money or fees), sub- licensable (we may license others’ use of your Content) licence including, limitation, creating and using derivative works, such as where we republish an edited version of a photograph you have provided to us.

6.6. If you wish to complain about Content uploaded by other users, please contact us on hello@whatsinstore.co.uk . Alternatively, when using the Website or Apps, please navigate to the URL webpage of the Product Listing concerned and press on the “Report” button displayed towards the bottom of the page. If prompted, please provide written details of the nature of your complaint.

7. Privacy

7.1. Please print out and read a copy of our Privacy Policy prior to using any of our services. It sets out the terms and conditions according to which we may process information we collect from you, including your personal data. The terms of our Privacy Policy apply not only to the Website and App, but also communications or interactions we may have with you, such as via email or telephone.

7.2. By using our Website or Apps, or engaging with any of our communications, you consent to our collection and processing of your data according to the terms of the Privacy Policy.

7.3. This Policy is subject to change from time to time, so we ask that you revisit it on regular intervals to ensure that you understand the latest terms that apply. We include a “Last Updated” date at the top of the Policy to allow you to quickly check whether any changes have been made since you last accessed the Platform. The latest set of terms will apply from the moment they are updated on our Website and Apps, regardless of whether you have familiarised yourself with them or not.

7.4. We draw your particular intention to the following functionalities of our services. Namely, the Platform allows you to tell us which goods and services you are interested in, as well as to “opt in” to the delivery of personalised recommendations as to other goods and/or services and services that we believe you may be interested in.

7.5. This means that we will be collecting and processing information about your consumer preferences. It also means that we may, from time to time, track your behaviour on the Platform so as to build a profile of your interests and deliver targeted advertising or recommendations to you. Where we do so, it will only be following the receipt of your express consent, which you may withdraw at any time. For full details as to the manner in which we use such information, and the safeguards we put in place to protect your personal data, please visit the Privacy Policy.

8. Your Account

8.1. Where you create an account on our Website or Apps, this account is non- transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

8.2. WIS is entitled at any time for any reason and with or without notice to terminate your account on our Platform including deletion of all data contained therein.

9. Intellectual Property Rights

9.1. All trade marks, logos, Content (including our Website's structure and layout), graphics, images, photographs, animation, videos, text and software used on this Platform are our intellectual property or that of our suppliers, partners or other users. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

9.2. You must not collect, scrape, harvest, frame or deep-link to any information on our Website or Apps without our specific written consent.

9.3. You license us to use your Content both on our Platform and Services, and also for marketing purposes, on other channels including different Websites, social media and emails.

10. Third party Websites, advertising and services.

10.1. We may link to third party Websites which may be of interest to you and/or include third party advertising on our Platform and/or use third party-provided services on our Platform. We do not recommend or endorse, nor are we legally responsible for, those Platforms or services. You use such third party Platforms or services at your own risk.

11. Our responsibility for loss or damage suffered by you

11.1. Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

11.2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

11.3. If you are visiting our Website as a consumer (i.e. you are not a business nor acting for business purposes), WIS will not be liable for any loss or damage caused by WIS, our employees, agents or contractors in circumstances where:

  • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents.
  • such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract)
  • such loss or damage is caused by you, for example by not complying with this agreement
  • such loss or damage relates to a business.

11.4. If you are a consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Platform, Website, App or Services (subject of course to our obligation to mitigate any losses).

11.5. If you are a business, trading vehicle, community interest company, charitable foundation or any other form of legal entity, in no event (including our own negligence) will we be liable for any:

  • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings).
  • loss of goodwill or reputation.
  • special, indirect or consequential losses; or
  • damage to or loss of data.

12.The exclusions in Clause 11.6. apply even if we have been advised of the possibility of such losses.

12.1. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of this agreement.

12.2. the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

(2)Buyer Terms

1. Nature of our Services

1.1. WIS provides a Platform (“the Platform”) that facilitates transactions between Buyers and Sellers. The services we offer allow you to search through the Platform and purchase goods and/or services and/or services from a large number of Sellers in the United Kingdom. As part of these services, we also provide some ancillary services such as by processing payment for your order, and liaising with Sellers so as to provide you Buyer service assistance. (We also provide promotional support via the website, email and app messages).

1.2. When you purchase goods and/or services or services using the WIS Platform, you are purchasing them directly from the third-party Seller(s) named in the relevant product listing. The resulting legal contract to purchase the goods and/or services will therefore be between you and the Seller. We are not a party to this contract. We act only as a commercial agent to the Seller, who authorises us to collect payment from you on their behalf. This means that you are not purchasing the goods and/or services from us.

1.3. While we may, at our own discretion, seek to check the essential details of an offer made by a Seller before making it live, as well as the Seller’s ability to supply what is being advertised, we cannot warrant (i.e. legally promise) that we have done so.

1.4. We therefore do not guarantee the existence, quality, safety or legality, of items advertised; the truth or accuracy of Sellers’ Content or listing; the ability of Sellers to sell items; or that a Seller will accept your order or deliver the requested items.

2. How contracts are formed between you and Sellers

(a) Placing an order

2.2. To place an order on the Platform, you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are aged 18 or over, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient. Funds in the account to cover the costs of your order.

2.3. To place an order, please follow these steps:

(a) Create an account on either the Website and/or App.

(b) Input details of the goods or services that you are interested in receiving offers or notifications with regard to. This can be done either by updating details of your favourite products, services, brands or retailers in the “Favourites” section of your account settings. Where you are using a handheld device, this can also be done by using the App to scan a product barcode, upon completion of which the product will be entered automatically into your “Favourites” section. Alternatively, you can search Product Listings by entering relevant keywords in the search WIS search bar. Upon finding a product or service you are interested in, you can manually add it to your “Favourites” section by clicking the “add to favourites button or an equivalent.”

(c) When inputting these details, or upon scanning a product barcode, you can choose to refine the offers you receive according to certain parameters. At this point, you can define:

  • the maximum price you would be willing to pay for the relevant item.
  • the maximum distance or geographical radius from which you would like to receive offers.
  • which retailers or categories of retailers you wish to buy from.
  • where you are interested in a category of goods and/or services, such as “chocolate bars,” the individual brands whose goods and/or services you are interested in (i.e. Cadbury’s, Green & Blacks etc).

(d) If an offer matches a product or service that you have saved in your ‘Favourites’ section, it will appear in the ‘My Deals’ page on the Website and App. If you have downloaded the App to your handheld device, and you have enabled push notifications in your device settings, you will also receive a push notification from the App with details of the offer. Where you agree to receive emails from WIS, you will also receive a summary email once a day showing matching offers that have been made in the last 24 hours. Upon clicking on any offer listed in the “My Deals” page, App or email, you will be redirected to the Website or App, where you will see details of the Seller’s offer, including any product descriptions or details, conditions of sale or offer validity periods.

(e) Where the Seller has made the products and/or services available for direct purchase on the WIS Marketplace, you may purchase the advertised items without having to contact or visit the retailer directly. Simply click on the “Buy” button, or any equivalent button on the Website or App at which point you will be directed to a payment portal operated by the third-party payment provider, Stripe. You may at this stage be asked to register for a Stripe account, and consent to any terms and conditions and privacy policies, so as to use their service.

(f) You will then be asked to enter certain details needed to process your order, including, for example, credit or debit card details, your billing and delivery address, or any particular instructions.

(g) After reviewing your entries, you may proceed to the “Submit Payment” button. Please note that in pressing the “Submit Payment” button you are making separate commitments to purchase each of the items in your checkout basket. This means that, where the Seller is able to fulfil part of your order, but not all it, you will still be obliged to purchase, pay for and accept delivery of those parts of the order the Seller is able to supply. This is except for where you invoke your rights under Clause 2.4 of this Agreement.

(h) Upon pressing the “Submit Payment” button, or an equivalent button, our systems will try to identify any errors you have when inputting your details. If we identify any such problems, we will ask you to check and amend any errors before submitting your order. Regardless of this automatic check, please do take the time to read and check your order at each page of the order process.

(i) Upon successfully processing your payment, we will display a page acknowledging that your payment has been received and that your order has been placed. Please note that placing an order does not mean that the Seller has or will accept your offer. See below for further details.

(b) Accepting your order

2.4. After you place an order, you will receive an email from WIS acknowledging receipt of your order. Please note that this does not mean that your order has been accepted by the Seller. It means only that we have communicated details of your proposed order to the Seller (the “Order Confirmation Email”).

2.5. Where the Seller accepts your order WIS (acting as the commercial agent of the Seller) will issue you a further email confirming that your order has been accepted (the “Order Acceptance Email”), and detailing the items that the Seller has agreed, and is able, to supply. It is upon your receipt of this email that a formal contract between you and the Seller comes into existence.

2.6. Where a Seller is unable, whether in whole or in part, to supply you with the goods and/or services or services requested in your order, such as where they have run out of stock, are no longer able to meet the requested delivery timetable, or because there has been an error in the price listed on the WIS Website or App, we (acting as the commercial agent of the Seller) will inform you of this by email and process a refund of the full amount for the items concerned as soon as reasonably practicable.

(c) Changing your mind

2.7. Notwithstanding the terms and conditions listed above, you can cancel your order for goods and/or services or services at no cost to you within 30 (thirty) minutes of placing the order, regardless of whether you have received an Acceptance Email or not. Thereafter, if you wish to cancel prior to delivery, you must send a cancellation request to the Seller according to the terms provided in Clause 5 below, and in any event not less than 14 days beginning the day after we receive your order ( do we receive it or the seller?). The cancellation is at the discretion of the Seller and we do not guarantee that your order will be cancelled.

(d) Sales promotions: coupons, discount codes & offer vouchers

2.8. From time to time a Seller may offer sales promotions on the Website or App such as discount codes, coupons or offer vouchers. These sales promotions will each have their own terms and conditions, so please do check these and contact the Seller with any questions. These may include conditions such as that only one coupon, code or voucher is redeemable per household. Your ability to redeem the coupon, code or voucher will rely in part upon your compliance with these terms and conditions. That said, the below rules apply to all sales promotions offered on the WIS Platform.

2.9. Where the coupon, code or voucher acts only to set-off part of the payment price (i.e. a 25% discount on the retail price), rather than eliminating it entirely (i.e. a 100% discount on the retail price), the contract for sale between you and the Seller will be formed in the manner described in Clause 2.3. to 2.5. of these T&Cs. This is because the item will not be provided for free, and you will still be asked to provide some form of monetary payment in exchange for the goods and/or services and/or services.

2.10. Where the coupon, code or voucher acts to eliminate the payment price entirely (i.e. you are being offered the product and/or service for free, minus any delivery or handling charges you are asked to pay), the contract for sale between you and the Seller will take place in an alternative manner to that described above.

2.11. Rather than providing monetary consideration in exchange for the goods (excluding any delivery and administration charges, which may still be applicable), you will be required to perform some form of action in order to place for the goods and/or services. This could be as simple as entering a discount code on checkout, or it could be more difficult, such as being among the first 500 people to use the code, voucher or coupon in question. Please note that by performing such an action, you will still only be placing an order for the goods, and this does not mean that the Seller will necessarily accept your order. The provisions of Articles 2.4. to 2.8. of these T&Cs will still apply.

4. product listings and prices

4.1. We ask that Sellers provide product descriptions and images that are accurate, complete, full and fair. However, as Sellers are responsible for providing these descriptions and images, we cannot guarantee that all details are always accurate, complete or error free.

4.2. If an item you have ordered is not as described, is flawed or of a lower quality, please contact the Seller to process the return. Once the item is received by the relevant Seller, you will receive a full refund of the defective product, or alternatively a replacement or repair for the item where possible.

4.3. As a consumer, you have legal rights in relation to goods and/or services 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 and Conditions will affect these legal rights.

4.4. The goods and/or services sold by Sellers are supplied for your domestic and private use only. You agree that you will not use the goods and/or services for any commercial, business or re-sale purposes.

4.5. The prices of goods and/or services and/or services listed on the Website and App are quoted from time to time and may be subject to changes. Changes will not affect any order for which we have issued an email confirming your order.

4.6. The prices of goods and/or services and/or services include VAT and any other applicable sales taxes. They do not, however, include delivery charges. To check the delivery charges, please refer to the product listing for the relevant items that you are interested in. The delivery charges include VAT and any other sales tax applicable.

4.7. We ask that Sellers take reasonable care to ensure that the prices of goods and/or services and services are correct. However, it is always possible that some of the goods and/or services on the Website and App may be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably been understood by you as a mispricing the Seller does not have to provide the goods and/or services to you at the incorrect price. In any event, whenever a pricing error is discovered, the Seller will be entitled to treat the order as cancelled and notify you in writing that this is the case.

5. Problems, returns and refunds

5.1. We cannot give any undertaking that the goods and/or services and/or services you purchase from Sellers on the Platform will be of satisfactory quality, match their description or be fit or suitable. for any purpose. This does not affect your statutory rights against the Seller, including those provided under the Consumer Rights Act 2015.

5.2. Where you order goods and/or services through the Platform we may disclose your Buyer information related to that transaction to the relevant Seller, so that they can follow up on any feedback, inquiries, requests or complaints you have with regard to your order. Furthermore, we will provide you with a mechanism whereby you can contact the Seller directly via the WIS Platform so as to communicate about your order.

(a) Your legal rights: obligations owed to you by Sellers

5.3. Sellers are under a legal duty to supply goods and/or services and/or services that are in conformity with the contract they agreed with you. Please refer to each of the below headers for a summary of your key legal rights in relation to the goods and/or services and/or services contracted for. Please remember that this is only a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Website Buyer.adviceguide.org.uk or call 03454 04 05 06.

(b)Where the goods and/or services are goods

5.4. If the product you purchased on the Platform is a type of good, for example, a kitchen utensil, a piece of furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get an immediate refund by contacting the Seller.
  • Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases upon contacting the Seller.
  • if your goods do not last a reasonable length of time you may be entitled to some money back upon contacting the Seller.
  • If the Seller notifies you that it made an error in its product pricing or description, that there will be a delay in delivery due to events outside its control, or that that it has to suspend the supply of goods and/or services for technical reasons, you are entitled to cancel your order and receive a pro rata or full refund.
  • Notwithstanding the above, you also have a legal right to change your mind within 14 days of your purchase and receive a full refund. Please see Clause 4.9. below

5.5. Except for where Clause 4.4(e) applies, (i.e. you exercise your right to change your mind), the Seller will pay the costs of the return of any goods that have been dispatched.

(c) Where the product is digital Content

5.6. If the product you purchased on the Platform is a piece of digital Content, for example a mobile phone app or subscription streaming service, the Consumer Rights Act 2015 says digital Content must be as described, fit for purpose and of satisfactory quality. Your legal rights entitle you to the following:

  • If your digital Content is faulty, you're entitled to a repair or a replacement upon contacting the Seller.
  • If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience by the Seller, you can get some or all of your money back from the Seller.
  • If you can show the fault has damaged your device and the Seller hasn’t used reasonable care and skill, you may be entitled to a repair or compensation from the Seller.
  • If the Seller notifies you that it made an error in its product pricing or description, that there will be a delay in delivery due to events outside its control, or that that it has to suspend the supply of goods and/or services for technical reasons, you are entitled to cancel your order and receive a pro rata or full refund.
  • Notwithstanding the above, you also have a legal right to change your mind within 14 days of your purchase and receive a full refund. Please see Clause 4.9. below

(d) Where the purchased items are services

5.7. If the items you contracted for are services, for example a support contract for a laptop or tickets to an event, the Consumer Rights Act 2015 says:

  • You can ask the Seller to repeat or fix a service if it’s not carried out with reasonable care and skill, or receive a partial or full refund if the Seller cannot complete the services or deliver them as originally contracted.
  • If you haven't agreed a time window with the Seller for the delivery of the services beforehand, the Seller must nevertheless carry them out within a reasonable time.

(e) Cancellations, returns and refunds: terms applying to all items.

5.8. Cancellation requests submitted within 30 (thirty) minutes of placing the order will be processed automatically by WIS on behalf of the Seller and you will receive an automatic refund of the price you paid for the Goods and/or services and any applicable delivery charges you paid.

5.9. You also have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Regulations"). You may exercise this right at any time within the 14 day period beginning the day after we send you an email confirming that the Seller has accepted your order. This means that if during this 14 day period, you change your mind or for any other reason you decide you do not wish to keep a product, you can cancel the contract and receive a refund. Please see Clause 4.10 with regard to how these rights apply to services.

5.10. The right to cancellation outlined in Clause 4.9 does not apply in the case of:

  • goods and/or services made to your specification, clearly personalised, custom-made or commissioned in any way.
  • perishable items including food, drink and fresh flowers.
  • audio or video recordings, computer software, DVDs or CDs which have a security seal which you have opened or unsealed after you receive them; (d) newspapers, periodicals or magazines.
  • 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).

5.11. Furthermore, you do not have a right to change your mind and request a cancellation, return or refund in respect of:\

  • Digital goods and/or services after you have started to download or stream these.
  • Services once these have been completed, even if the cancellation period is still running.
  • Goods and/or services sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
  • Sealed audio or video recordings or sealed computer software, once these goods and/or services are unsealed after you receive them.
  • Any goods and/or services which become mixed unseperably with other items after their delivery.

(f) Deductions from refunds if you are exercising your right to change your mind

5.12. Where the Seller is supplying a service, they may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told them you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

5.13. The Seller may reduce the refunded amount (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a retail shop. If the Seller agrees to refund you the price paid before they are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay them an appropriate amount upon receipt of a request.

5.14. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offered. For example, if the Seller offered delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then the Seller will only refund what you would have paid for the cheaper delivery option.

(g)How to request a cancellation, return or refund

5.15. To cancel a contract, or request a return or refund, please log in to your Buyer account on the WIS Platform, find the order from the list of your recent orders, locate the specific item and select the cancel option to begin the process. We may ask you to provide a description of the reason for your request, so that we may share this information with the Seller. Your request is effective from the date you submit it through the Platform.

5.16. Where the Seller accepts your request to return an item, you must return the items to the Seller at their nominated address as soon as reasonably practicable.

(h)How you will receive your refund

5.17. Where you have exercised your legal right to cancel, or the Seller has accepted to refund part or all of the purchase price, WIS (acting on behalf of the Seller) will process and pay you the relevant amount including any applicable delivery charges you made. The refunded amount will be credited to the payment card that you used when making the purchase.

5.18. Any refund WIS provides on behalf of the Seller will be processed within 14 calendar days of the day on which the Seller notifies us that it accepts your cancellation.

6. Disclaimer of warranties and limitation of liability

6.1. To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of our Services, including but not limited to our Platform, the whatsinstore.co.uk Website, our iOS or Android Apps and any communications or other interactions we may have with you.

6.2. The Platform, Website and App are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

6.3. You download and use the WIS Android and/or iOS Apps at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.

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

7. Seller's rights

7.1. The Seller may end the contract if you break it. They may end the contract for a product at any time by writing to you if:

  • you do not make any payment to the Seller (or WIS acting as its commercial agent) when it is due and you still do not make payment within 14 days of the Seller or WIS reminding you that payment is due.
  • you do not, within a reasonable time of the Seller asking it, provide the Seller with information that is necessary for the Seller to provide the goods and/or services, for example.
  • you do not, within a reasonable time, allow the Seller to deliver the goods and/or services to you or collect them from the Seller.
  • you do not, within a reasonable time, allow the Seller access to your premises to supply the services.

7.2. If the Seller ends the contract in the situations set out in Clause 7.1., the Seller will refund any money you have paid in advance for the goods and/or services it has not provided, but it may deduct or charge you an administrative charge for its costs and time.

8. What’sInStore’s Rights

8.1. In addition to the Seller’s rights listed above, What’sInStore may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

9. Delivery, Import Regulations and Tax

9.1. The Seller, not WIS, will organise and fulfil the delivery of your items to your nominated address. The Seller will provide you with an estimated delivery date, either on the product listing on the WIS Platform, or when they confirm acceptance of your order by way of email.

9.2. The Seller will endeavour to deliver your items by this estimated delivery date, although please note that where there is an event outside of Seller’s control, such as extreme weather event, fire, gas leak, labour strike or medical health emergency, the Seller will be entitled to delay delivery beyond the date range originally notified to you and provide you with a revised estimated delivery date.

9.3. Delivery will be completed when the Seller delivers the Goods and/or services to the address you gave it. The goods and/or services will be your responsibility from the completion of delivery. This means that any damage to, reduction in the value of, or legal liability arising from, the goods will be borne at your sole risk, except where any such and damages, losses or liabilities are attributable to the fault of the Seller or third parties. 9.4. If you order goods that are located outside of the United Kingdom of Great Britain and Northern Ireland at the time of sale, your order may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. Please check the Seller’s relevant product listing for any information regarding customs duties and tax. 9.5. Where the Seller provides no information as to whether you or it will be liable to pay Customs duties and/or import taxes, you will be by default responsible for payment of any such import duties and taxes. Please note that WIS has no control over these fees and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.Payment methods

10.1. Purchases for goods and/or services supplied by Sellers (on the WIS Platform) may only be paid for using the WIS payment portal as made available on the WIS Platform via the third-party payment provider Stripe. Stripe’s payment portal accepts payment methods including credit and debit cards, as well as discount codes, coupons and sales/gift vouchers. In accepting or otherwise processing your payments related to the purchase of items from Sellers, we act in the capacity as commercial agent of the Seller.

10.2. Valid payment by you to us and/or the successful redemption of a discount code, coupon or voucher for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time.

10.3. You acknowledge that neither these Buyer Terms nor any transaction made by you on the Platform create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us on its behalf.

10.4. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. All prices shown on the Platform are inclusive of VAT or other sales taxes due in the United Kingdom.

(3)Seller Terms

1. Introduction

1.1. These terms and conditions (the “Seller Terms”) set out the bases on which What’sInStore (“WIS”) licenses third-parties (“you”) to list, offer or otherwise tender your goods and/or services for sale, lease or hire on whatsinstore.co.uk (the “Website”) and the WIS iOS and Android App (“App”). The Terms represent a legally binding agreement (the “Agreement”) between you and Appy Zebra Limited, the legal and beneficial owner of the trading name What’sInStore.

1.2. These Terms set out the mandatory conditions you must follow when you advertise, market, tender, sell, lease or otherwise make available goods, digital content, services and promotional items on the Website or Apps. These Terms also govern your access to ancillary services made available by WIS from time to time, including (but not limited to), consumer insight analytics, as well as any promotional and marketing services WIS may offer.

1.3. Please read and take the time you need to understand these T&Cs before agreeing to them. We recommend that you print out and date a copy of these T&Cs for your own records. In addition to the provisions of this Agreement, your continued access to, and use of, the Platform and any ancillary services we provide is subject to its compliance with the Platform Terms of Use, the Buyer Terms, the Affiliate Terms, the Additional Terms and the Privacy Policy.

2. Changes to these T&Cs

2.1. We may update the Agreement from time to time. We will notify you by email of any proposed changes that alter the substance your rights and obligations under this Agreement. We will also update the “Last Updated” header provided at the top of these T&Cs so that you can see that changes have been made.

2.2. Any proposed changes will not apply until at least 15 days from and including the date on which we notify you about them (and we will set out the date that the changes will apply from in the relevant notification).

2.3. Whenever we notify you of a proposed change to the Agreement, you will have the right to terminate the Agreement before expiry of the applicable notice period. If you do wish to terminate and let us know during that period, termination will take effect at midnight Greenwich Mean Time (GMT) or British Summer Time (BST), whichever applies, on the evening prior to the day in which the new terms will enter into force .

2.4. You may also choose to give up your right to terminate by either letting us know in writing, or by taking a clear affirmative action. For example, submitting new product listings to the Platform during the notice period will be considered by us as clear affirmative action that you wish to give up your termination right.

2.5. Please note that the minimum 15 day notice period described in Clause 2.2. above will not apply though where:

  • we are subject to a legal or regulatory obligation which requires us to change the Agreement in a way which does not allow us to give you that length of notice period.
  • we need to change the Agreement to address an unforeseen and imminent danger that relates to protecting the Platform, the Website, App, Buyers, Sellers or any other persons or users from fraud, malware, spam, data breaches or other cybersecurity risks.

3. Commencement and Duration

3.1. The Agreement will enter into force after:

  • You have registered an account on the WIS Platform to our satisfaction, and have provided the warranties and documentation detailed in clause 4.7.
  • You have registered for, and been issued with, a Stripe Point of Sale merchant payment account and connected it with your WIS Account including, as may be prompted, inputting your WIS Point of Sale account details in your WIS Account settings, or authorising Stripe to automatically integrate your account with WIS.
  • We have notified you that your account registration has been successfully processed, that we have received all details needed from you, and that you may begin placing goods and/or services and/or services for sale on the Platform.

3.2. The Term of this Agreement will continue until terminated as set out below.

4. The Service provided by WIS

4.1. The Website and Apps allow Sellers to place their goods and/or services for sale, lease or hire on the WIS Platform. Where a Seller makes their goods and/or services available for sale, lease or hire via WIS, we refer this as “publishing” or “tendering” an “offer” of the WIS Platform.

4.2. A Seller may tender an offer that is available on the same terms to all users (“uniform pricing”), and discoverable by entering keywords relating to the product and/or service in the Platform search bar. Alternatively, Sellers may utilise WIS’ Buyer insight data in order to offer personalised and/or differential pricing to both individual Buyers or segmented categories of Buyers (such as Buyers located in a certain region). Where a Buyer wishes to purchase goods and/or services from Sellers, they will be directed to the WIS payment portal, provided by the third-party payment provider Stripe, at which point WIS will collect payment on Sellers’ behalf.

4.3. Together, the functionalities and services referred to in Clause 4.1. and 4.2. above, including any ancillary marketing and promotional services that WIS may make available from time to time, are referred to as the “Seller Services.”

4.4. Where a Buyer orders a product and/or service through the Platform, the contract is formed solely between the Seller and the Buyer at the completion of the sale. WIS acts only as a commercial agent to the Seller in this contract, collecting and remitting the Buyer’s payment to the Seller in consideration of the charges detailed in Clause 6 of this Agreement.

4.5. Each contract will comprise the Seller’s terms (which include, as a minimum, the WIS Buyer Terms), the email confirming the Seller’s acceptance of the Buyer's order (“the Order Acceptance Email”) and the information, representations and warranties provided on the Seller's store page on the Platform ("Seller's Store").

4.6. To access WIS’ Seller Services, Sellers must register an Account on the WIS Platform, register for a Stripe Point of Sale merchant payment account, and integrate their Stripe account with their WIS Account. WIS reserves the right, according to its sole, final and non-contestable discretion, to refuse access to the Seller Services for any reason whatsoever, even when the Seller has completed all the steps listed in this Clause.

4.7. Once the Seller has successfully completed the steps above, the Seller will be given their own dedicated area of access on the Platform called the Seller Hub. There the Seller can upload, update and review detailed listings for goods and/or services and/or services that it wishes to tender offers for. From here, the Seller will be able to send offers directly to individual Buyers or categories of Buyers, manage Buyer orders, communicate with Buyers (where Buyers have consented to this), update and manage stock levels, view Buyer insights and interest data, and handle Buyer feedback. Any invoices billed by WIS to the Seller, such as where the Seller purchases ancillary marketing and promotional services from WIS, will be made available on the Seller Hub.

4.8. WIS may restrict the Seller's access to the Seller Hub in the following circumstances:

  • In the case of failure to pay any outstanding fees or debts owed to WIS.
  • on termination of the Seller’s membership of the Platform.
  • if the Seller fails to dispatch orders and WIS, having made reasonable attempts to contact the Seller, believes that the Seller is inactive.
  • if WIS, having made reasonable attempts to contact the Seller, otherwise believes that the Seller is inactive.
  • if WIS has reasonable grounds to believe that the Seller is using the Platform to sell counterfeit goods or is otherwise infringing the intellectual property or proprietary rights of any third party.
  • if the Seller has a high rate of cancellations or refunds or is failing to deal with Buyers’ queries or complaints.
  • if there are other issues with the Seller’s listings which WIS believes could give rise to issues with Buyers.
  • Where the Seller is a company, it has failed to input details on its WIS Account of its company name, number, registered office, trading address (where applicable), VAT registration name and contact details so that the Buyer may review these.
in which case the Seller will only have access that enables the Seller to view and manage current orders, view invoices between the Seller and WIS, mark orders as dispatched and handle Buyer feedback ("Restricted Access"). Whilst a Seller has Restricted Access, its listings will not be visible to Buyers and Buyers will not be able to place orders with the Seller.

4.9. When payment is made by a Buyer, the funds will be credited to the Seller's Stripe Point of Sale merchant payment account, according to the timelines outlined in Stripe’s transfer schedule. The funds to be credited to the Seller’s Stripe Point of Account will be price paid by the Buyer, minus the Transaction Fee outlined in Clause 6.2, any administrative or otherwise applicable fees charged by WIS and/or Stripe to the Seller, and any owed or outstanding fees and debts owed to WIS and/or Stripe by the Seller. To the extent that the terms and conditions of Stripe’s Point of Sale merchant account as updated from time to time contradict any provision in this Clause 4.10, the former shall prevail. The Seller is asked to review Stripe’s Point of Sale terms carefully and regularly.

4.10. WIS will provide the Seller with a VAT invoice at appropriate intervals for goods and/or services purchased from WIS by the Seller, such as costs for any marketing or promotional services.

5. Advertising and Marketing Services

5.1. The Seller may purchase access to premium listing spaces on the Platform for defined time periods, although WIS makes no representations and does not guarantee that any such listings will boost the Seller’s visibility, revenues or sales, produce any specified result or confer any benefit. Sellers may purchase a “Carousel Advertising Package,” which allows their product listing to be advertised on the Platform’s home page carousel in their region. Alternatively, they may purchase a ”Deal of the Day” advertising space that will be displayed on the Platform home page in their region. The minimum commitment for each service is one (1) week, with all fees non-refundable.

5.2. From time to time WIS may test or experiment with additional advertising products and the advertising services offered by WIS, as well as the look and feel of any type of advertisement, may change as our programmes and platforms evolve. WIS reserves the right to change or terminate any campaign, incentive offer, or advertising service in part or in whole at any time.

5.3. Ads and promotions may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. WIS reserves the right to reject or remove any ad or promotion for any reason, in its sole, final and non-contestable discretion.

6. Remedies for late payment.

6.1. Without limiting any of our other rights, if the Seller fails to pay to us any undisputed amounts owed to us under these Terms on the due date for payment, at our option we shall have the right to:

  • deduct the outstanding amounts from any future funds received from Buyers in payment for the Seller's Goods and/or services ordered through the Platform i.e. offset any amounts that are payable by you to us against any payments we make to you, until any outstanding amounts are settled.
  • seek any other payment or reimbursement from you by any other lawful means.
  • in the case of failure to pay the Retail Subscription or Concierge Services Fees, grant the Seller only Restricted Access to the Seller Hub until payment has been made.
  • charge the Seller interest on the overdue amount at a rate of 4% per annum above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Seller must pay us interest together with the overdue amount.

7. Seller Commitments and Order Processing

7.1. In signing up to these Terms, the Seller commits to:

  • sell goods and/or services on terms which include, as a minimum, the WIS Buyer Terms
  • supply only goods and/or services that can be delivered to the Buyer within 28 days
  • be solely responsible and bear all risk and liability for sourcing, storing, selling and delivering the goods and/or services to the Buyers using reasonable skill and care
  • ensure that the Seller's company name, company number, registered office and where applicable trading address and VAT registration number (“Seller Information”) are clearly displayed on the Seller's Shop and updated, as necessary, as soon as practicable. This shall include updating the details of the Seller's VAT registration number.
  • indemnify WIS against all liabilities, claims, actions, proceedings, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by WIS arising out of or in any breach of this Agreement.
  • take responsibility for the accuracy and detail of all product information (including product descriptions, images, measurements, condition and any other supplementary information about the goods and/or services) as well as the price which the goods and/or services are sold at ("Product Sale Price") along with stock value (the total amount of stock that Seller has available for WIS Buyers to purchase) and the Seller's SKU (Stock keeping Unit) of the product (“Listing Information”), ensuring that this information is detailed in a listing on the Seller Hub. You agree that you are responsible for the accuracy of the information provided in a listing whether you are creating the listing or using an existing Listing.
  • use all reasonable endeavours to resolve promptly any Buyer complaints arising from any such inaccuracy.
  • indemnify WIS against all liabilities, claims, actions, proceedings, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by WIS arising out of or in connection with any claims related to inaccurate, incorrect or otherwise misleading descriptions of the goods and/or services sold on the Platform.
  • ensure that it does not misrepresent the origin of the goods and/or services through any description made of the goods and/or services via the Seller Hub whether contained in a Listing or otherwise.
  • ensure that all postage costs and additional postage costs displayed through the Platform are accurate.
  • ensure the goods and/or services are of satisfactory quality; (xii) ensure the photographic quality of the goods and/or services is high and have a white background colour where possible.
  • use reasonable endeavours to respond to order enquires with WIS or Buyers in a timely manner (immediately if possible, at least within 1 Working Day) unless made during the Seller's Holiday Period.
  • prepare a suitable invoice for each order and ensure that this is sent to the Buyer when requested.
  • ensure that where a product should not be sold to Buyers under a certain age, that the minimum age for that product is correctly entered into the Seller Hub (where applicable).
  • refrain from using the Platform as an advertising portal, other than in listing the goods and/or services which you are selling and permitted to sell under these Terms.
  • ensure any issues that the Seller wishes to raise with WIS with regards to the Platform are communicated to WIS via a support ticket in WIS’s Support Centre or, if the Support Centre is not working by email to hello@whatsinstore.co.uk
  • not encourage direct communication with the Buyer through the use of their own email address or any other means, only the Seller Hub.
  • not to use the Platform to communicate with Buyers with the intention of directly enticing them to purchase the goods and/or services directly from you in competition with the Platform.
  • comply with all relevant legislation in particular but without limitation consumer protection legislation and data protection legislation (including in the UK the provisions of the Data Protection Act 2018 and UK GDPR).
  • except where Clause 6 of this Agreement applies, be solely responsible for the collection and payment of all taxes due in connection with the Goods and/or services sold by the Seller via the Platform, including VAT (if applicable). WIS shall not be responsible for collecting VAT from Buyers on the Seller’s behalf.
  • refrain from selling goods and/or services which infringe the intellectual property or proprietary rights of any third party.
  • ensure its username and password logins are kept safe and not accessed by any other party. If these details are lost or the Seller becomes aware that they have been accessed by any other party the Seller must contact WIS immediately via the Platform for new passwords.

8. Pricing and Order Processing Information

8.1. Product Sale Prices should be inclusive of any applicable VAT and sale taxes.

8.2. Where packaging and postage costs were not correctly inputted into the Seller Hub, the Seller has no right to pursue the Buyer for additional payments once the Buyer has placed the order.

8.3. WIS may discount goods and/or services for the purposes of marketing activities. Any pricing changes actioned by WIS will not be deducted from the Seller’s payments. 8.4. Product Sale Prices can be added to the Platform using the Seller Hub.

8.5. Once the Seller has received an order through the Seller Hub the Seller may accept the order (see and if it does, the. Seller must:

  • dispatch orders within a maximum of 10 (ten) Working Days.
  • notify the Buyer promptly through the Seller Hub at each of the order’s handling and delivery.
  • deal with all enquiries relating to the order or delivery through the Seller Hub. 8.6. The Seller acknowledges and agrees that WIS reserves the right to refund the Buyer's payment for an order if the Seller doesn't dispatch the products within ten working days, or if the Seller does not meet the delivery timetable promised on a product listing.

8.7. Where a Seller has not accepted an order as described in 7.4.6 or where the Seller has rejected or deemed to have rejected an order, WIS shall be entitled to refund the Buyer's payment for that order.

8.8. The Seller must include with all orders the appropriate invoice (if requested by the Buyer).

8.9. The Seller must not include any other materials (other than packaging) with the package or order delivered to the Buyer which are likely to have a commercially detrimental effect on WIS, the Platform or the WIS brand.

9. Delivery

9.1. The Seller will be responsible for organising the contract for transport for the goods (i.e. delivery). The Seller is responsible for ensuring that delivery costs are appropriately considered in the Product Sale Price.

9.2. The Seller must ensure that the Product is wrapped in a professional manner suitable for the Product. The wrapping must be appropriate for the product (for example without limitation delicate items should be wrapped in bubble packaging).

9.3. The Seller must ensure that all customs and import duties are to be pre-paid for Goods and/or services being delivered to addresses within the UK. The Buyer is not responsible for the customs and import duties: the price shown for Goods and/or services on the Platform (along with any applicable delivery charges) is the price the Buyer pays.

10.Returns and Refunds

10.1. By law, the Buyer may cancel, return or obtain a refund in relation to the goods and/or services ordered under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of the delivery of the Goods and/or services.

10.2. The Buyer’s remedies for faulty goods and/or services will not be less than those under the Consumer Rights Act 2015.

10.3. Cancellation requests submitted within 30 (thirty) minutes of placing the order will be processed automatically. Requests submitted after this time will be sent to the Seller for review. Orders will not be visible to the Seller via the Seller Hub until after the end of the 30 minute period for automatic cancellations.

10.4. Any request for cancellation after the end of the 30 minute period shall be dealt with directly between the Seller and the Buyer through the Seller Hub. The Buyer must contact the Seller through their online account and the Seller will receive an email notification through the Seller Hub.

10.5. If the Buyer exercises the statutory right to cancel an order within 14 days of delivery:

  • provided that the Buyer has not used the product and it is returned to the Seller in its original packaging, the Seller shall provide the Buyer with a full refund of the Product Sale Price and any postage costs.
  • if the Buyer has used the product or had it installed, the Seller may not be able to sell it to someone else, thereby reducing its value. The Seller may reduce the Buyer’s refund of the Product Sale Price (excluding postage costs) to reflect any such reduction in the value of the Product.
  • the Seller shall process any refund due to the Buyer as soon as possible (usually within 3 Working Days) and in any case no later than 14 days from the date on which the Seller receives the Product back from the Buyer

10.6. If the Buyer ends their contract with the Seller and requires a refund because a Product is faulty or misdescribed or because they have a legal right to do so as a result of something the Seller has done wrong, the Seller shall either ((1) pay the costs incurred by the Buyer in returning the Product to the Seller or (2) arrange for collection of the Product at the Seller’s cost and refund to the Buyer the full cost of the Product and the delivery charges. Any refund made shall be processed by the Seller as soon as possible (usually within 3 Working Days of the date of return or collection). Where clause 11.6 applies WIS will retain the Sales Products Fee with regard to the original purchase.

10.7. Nothing will oblige the Seller to accept cancellation requests in the case of:

  • goods and/or services made by the Seller to the Buyer’s specification, or that are clearly personalised, custom-made or commissioned in any way.
  • perishable items including food, drink and fresh flowers.