Conditions of Use and Terms & Conditions of Purchases
Please read this carefully. By submitting an order on this website you are agreeing to the terms that appear below which will apply to any purchase made on this website.
To place orders using this website you must be a registered customer of Bestway Wholesale Limited: Bestway Northern Limited or MAP Trading Limited; ("Bestway", "we", "us" or "our") and be a business which is operated by a person who is 18 years of age or over.
These Terms and Conditions apply to all sales and purchases and users of this website.
1. Licence for website access
Bestway grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bestway. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bestway and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Bestway’s or its affiliates' names or trademarks without the express written consent of Bestway. Any unauthorised use terminates the permission or license granted by Bestway.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home or login page of this website as long as the link does not portray Bestway, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bestway logo or other proprietary graphic or trademark as part of the link without our express written consent.
2. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Bestway, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; and/or
- to cause annoyance, inconvenience or needless anxiety
3. Copyright, authors' rights and database rights
You may not systematically extract and/or re-utilise parts of the contents of the website without Bestway's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Bestway’s express written consent. You also may not create and/or publish your own database that features substantial parts of this website (e.g. our prices and product listings) without Bestway’s express written consent.
4. Purchase Contract
By placing an order with Bestway either in depot, via our telesales department or our website you are offering to contract with Bestway on the basis of these Terms and Conditions. The Contract shall be formed when Bestway acknowledges acceptance of your order or delivers the Products to you, whichever occurs earlier. The Contract is subject to availability of stock. Neither Bestway’s price list nor any prices which appear on our website constitute an offer and Bestway may amend its published prices at any time prior to formation of the Contract in accordance with this Condition. Any current price list replaces all previous price lists. Prices are quoted exclusive of VAT which shall be charged if applicable.
We reserve the right at all times at our sole discretion to amend these Terms and Conditions in order to comply with the operation of law, regulation, guidance, a decision of the court or equivalent body or as We otherwise see fit.
If you order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase.
We will notify you by email to the email address you have provided to us as soon as possible to confirm receipt of your order and email you again to confirm details. Our acceptance of your order will take place upon despatch of the product(s) ordered and at this point the purchase contract will be made and we will supply the goods to you in accordance with these Terms and Conditions.
Bestway reserves the right to refuse your custom, cancel any order or suspend delivery of any order if:
(i) payments are not received from the registered Customer or other pre-authorised payment provider or agent;
(ii) in its absolute discretion there is a risk that to proceed with such activity may result in a breach of any law, rule or regulation of any jurisdiction relating to bribery, corruption, money-laundering, terrorist financing or the breach of any sanctions related laws or rules including any economic, financial or trade laws or regulations enacted or enforced by any jurisdiction.
Bestway reserves the right to take any action that is required by Us in order to comply with any law, regulation (including guidance from regulators) or an order of the court.
5. Pricing and Availability
The prices quoted on our website are national indicative/ guide prices only. All prices are quoted excluding VAT, where applicable VAT will be added to invoices. Prices are liable to change without prior notice and are a guide only. Bestway cannot guarantee the supply of product.
The actual order value cannot be determined until the day of delivery because the prices quoted on the website are likely to vary either above or below the prices in the store on the day your order is picked and delivered.
Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer.
If you would like us to supply a substitute line should selected lines be unavailable, you can request this when placing your order or a substitution policy may be agreed with local store.
Product descriptions and prices should only be used as a guide and Bestway reserves the right to vary them without notice.
Title in the Products shall not pass to you until Bestway has received in full (in cash or cleared funds) all sums due to it in respect of the Products and all other sums which are or which become due to Bestway from you on any account.
Until title passes to you, you shall hold the Products on a fiduciary basis as Bestway’s bailee; store the Products separately from all other products in such a way that they are clearly identifiable as the property of Bestway; maintain the Products in a satisfactory condition and keep them insured on Bestway’s behalf for their full price against all risks to the reasonable satisfaction of Bestway.
In the event of non-payment on the due date for whatever reason of any sums due from the you to Bestway, or in the event that any of the forms of insolvency commences against you, Bestway, its agents and employees shall have the right, without giving notice and without incurring liability, to enter into your premises and to take possession of the Products to which title has not passed. This right shall be without prejudice to any other legal rights or remedies available to Bestway.
The risk of loss or damage to the Products shall pass to you upon delivery in accordance with paragraph 8 and signature of a delivery note for the Products by a responsible person on your behalf of you provided that Bestway shall not be responsible for any loss or damage to the Products sustained before signature of the delivery note due to an act, default or omission by you or your representative.
Deliveries of Products to you shall be in accordance with Bestway’s delivery schedule in the UK and will be made Ex Works (Incoterms) at the UK address specified in any order confirmation. Bestway shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Products by a particular date or arising as a result of any cause beyond Bestway’s control. Time for delivery shall not be of the essence.
If you fail to take delivery at the UK address specified in the order confirmation, or fail to give Bestway adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to Bestway, Bestway may do one or more of the following:
- charge you any costs of carriage of the refused delivery in addition to Bestway’s administration charges involved;
- charge you the full cost price of the Products and a sum in respect of its loss of profit provided that Bestway shall use its reasonable endeavours to mitigate such loss;
All alcohol and tobacco must be checked off at time of delivery and queries reported to the delivery driver immediately. No discrepancies will be entertained if such goods are not checked off at time of delivery.
All goods remain the property of Bestway until payment has been made in full and has been received in full by Bestway.
You shall be responsible for any export license requirements, clearing goods for export, freight and carriage and any import licenses to import any product into any jurisdiction outside of the UK. Bestway accepts no liability in respect of any breach of any import or sanctions related laws, rules or regulations that you may breach by your export and import of the products caused by your acts or omissions, wilful misconduct, negligent actions or otherwise.
9. Order Error
Claims for shortages, damages or incorrect goods must be notified to your local store quoting your customer number and order number within 24 hours of delivery, With the exception of alcohol and tobacco, which must be checked at time of delivery.
Bestway’s liability will be limited to the price of the goods damaged, not delivered or incorrectly delivered and the cost of delivery.
Goods may not be returned without a collection note.
Payment for the delivered goods will be according to the trading terms that have been agreed in advance with your local store manager and Bestway. Payment may be made by debit or credit card or other method as agreed. Payment may only be made by you as the registered customer of Bestway or another person or entity that has been registered and approved in advance by Bestway.
In placing an order with Bestway, you warrant and represent that you will not make any payment or procure a payment either directly or indirectly via any person or legal entity that is not registered and approved by Bestway.
Bestway reserves the right in its absolute discretion, to refuse payment, suspend delivery of any pending orders and suspend trading with you if these terms are not adhered to.
The debit and credit cards accepted by us are those listed on the website on the date on which your order is placed.
You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
12. Availability of service
The service may be unavailable at certain times to allow Bestway to maintain and upgrade the website. Although Bestway will always endeavour to inform customers in advance of any service unavailability, this cannot be guaranteed. Bestway reserves the right to alter or withdraw the service at any time and also reserve the right to refuse the service to any customer without giving a reason.
13. Customer Complaints
If you have any comments or complaints on or about our website, please contact us via our website www.bestway-export.co.uk.
14. Warranties and Liability
In placing an order for product with Bestway you warrant and represent that:
(i) you shall at all times supply full and accurate information as required by us relating to your business, your personal details and any personal details of your agents and representatives;
(ii) you shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to you in ordering and purchasing product from Bestway and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the order and purchase of Bestways products including but not limited to;
a. all laws, rules and regulations of any jurisdiction relating to bribery and corruption;
b. all economic, financial or trade laws, regulations, embargoes or restricted measures administered, enacted or enforced by the Office of Foreign Assets Control of the US Department of State, or by the United Nations Security Council or the European Union
(iii) you or your authorised representative or your business are not sanctioned persons being any person or entity listed in any sanctions related list of designated persons maintained by the Office of Foreign Assets Control of the US Department of State, or by the United Nations Security Council or the European Union;
(iv) you or your authorised representative or your business are not operating, organised or resident in any country which is the subject or target of country wide sanctions.including but not limited to Cuba, Iran Crimea, North Korea, South Korea, South Sudan, Sudan and Syria.
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty.
We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
Bestway is constantly monitoring and checking the information on this website. While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. We would advise you to check the label or product packaging, prior to use.
Where precise information is important to you on a branded line, please contact the manufacturer whose contact details appear on the packaging or label. For any Bestway own label product, please email our Customer Relations team at firstname.lastname@example.org
Where a product description contains a link to another party’s website, please note that Bestway does not vet these websites and has no control over their contents. Bestway cannot accept any liability in respect of the use of those 3rd Party websites.
This data is supplied for your personal use only in placing orders through this website, and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Bestway makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Bestway shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Other than as set out above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the price of the goods contained in that order.
15. Password/Account Security
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
16. Remote Desktop Access Disclaimer
By accepting an invitation from Bestway Direct Technical Support: you accept total responsibility for any changes made to the desktop content or system settings: you confirm that Bestway will have no liability (whether, direct, indirect, consequential, in tort or otherwise) for the linking and viewing of any desktop content, the operation of the scanuploader software or hardware performance: and you agree that this limitation of liability is fair as no consideration or reward has been paid to Bestway for their assistance. As such, Bestway Direct Technical Support recommends you have up to date virus definitions installed and remain at your desktop and observe the entirety of the remote session. Bestway cannot disclaim liability for personal injury.
If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only for your personal use in placing orders through this website, and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
By registering for this website you hereby confirm that you are responsible for tobacco purchasing for the purposes of clause 18 of the Tobacco Advertising and Promotion Act 2002.
These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them. This website is operated by Bestway Wholesale Limited whose registered office is situated at 2 Abbey Road, London NW10 7BW, registered number 01207120 (England and Wales).
In particular, we will collect, process and share your data as follows;
- We will share the information we hold about you with any group company, any Drop Shipment supplier or any other contractor or third party required for the fulfilment of our contract with you,
- We may contact you by post, email, telephone, text/sms or Whatsapp with information about goods and services that we feel may be of interest to you that are similar to those you have already purchased.
We may automatically collect and use sales and purchase data to analyse and assess sales. We may anonymise this data and share it with selected suppliers for the same purpose.