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CUSTOMER TERMS AND CONDITIONS OF REGISTRATION & SALE ('Customer Terms')

BOOKER LIMITED and MAKRO SELF SERVICE WHOLESALERS LIMITED

Please read this carefully. References to 'We' 'Us' refer to Booker Limited or Makro Self Service Wholesalers Limited or any trading style of these companies. By (1) accepting and using the Booker or Makro card to access a Booker orMakro branch or (2) purchasing products on www.Booker.co.uk, the business holding the account ('Account Holder' 'you') and any authorised user or named card holders ('Card Holders') consent to these terms and conditions and expressly agree to be bound by, observe and perform the terms and conditions of use from time to time in force. These Customer Terms do NOT apply to orders submitted on Makro's website. You acknowledge that We have the right to amend these terms and conditions at any time without notice.

For All Customers:

  1. You confirm that at the time of signing and continually thereafter: a) you are actively engaged in business(es)or charity; b) the Card Holders are directors,nominated managers, proprietors of yours, c) the business is operated by a person who is 18 years of age or over and d) you are a registered customer ofBooker Limited, Makro Self Service WholesalersLimited or Booker Direct Limited through its trading entities CTM Wholesale and Booker Direct.
  2. Account Holders must be bona fide traders or businesses. Booker only deals with the AccountHolder or named Card Holders under that account.The Account Holder will be invoiced with these goods.
  3. Goods for sale are intended for and sold on the condition that they are for resale, commercial and industrial use only. Any purchases are deemed to be for business use and the Card Holder is not considered or deemed to be a consumer.
  4. SCOTLAND ONLY: 4.1 We are licensed to sell alcohol to all customers but due to the implementation of The Alcohol (Minimum Pricing) Scotland Act 2012 we are required to operate a dual pricing structure for alcohol products. The standard price for alcohol purchased under the authority of the Premises Licence will be calculated in accordance with the Minimum UnitPricing legislation. Customers who have provided evidence to show that their business or trade involves the sale or use of alcohol, and are making such purchases for the purposes of their trade outside thePremises Licence will be designated as an AlcoholTrade customer and will be charged the Alcohol Trade price. As an Alcohol Trade customer you warrant and agree that any and all purchases of alcohol from Us are for the purpose of your business and will informUs should that cease to be the case, even on a one off purchase.
  5. The Card and rights conferred by it cannot be transferred to any other person and any unauthorised use will make the Card immediately invalid and subject to withdrawal. The rights under which We trade require your compliance with these terms and conditions. Any breach by you which affects, or threatens to affect the permissions and consents under which We trade, will render you liable to Us.
  6. Lost or stolen cards must be reported to Us immediately. If your business closes down, is sold or disposed of then you should notify Us in writing without delay and, in such event the Card will immediately deemed to be invalid. Any further use of that shall render the Account Holder liable to Us.
  7. You confirm that the information given by you is accurate. You will notify Us as soon as possible of any changes to the names of Card Holders, business name or address, e-mail address or telephone number(s)with the full details so that Booker can amend its records.
  8. The Card and any other rights that accompany it(including use of the Booker online shopping facility)may be withdrawn in whole or in part by Us at anytime without any reason being given. The card remains Our property at all times.
  9. We are not obliged to supply goods to you and We reserve the right to refuse supply in Our absolute discretion without giving any reason for doing so.
  10. If you (or any person accompanying you) opens or damages any original package you shall bound to buy the whole package concerned at its full price.
  11. Payment for the goods will be according to the trading terms that have been agreed in advance with your local branch manager.
  12. Credit facilities may be supplied at Our discretion. If We choose to do so, it will be upon Our "Application and Agreement for the Supply of Goods on Credit".You agree to compensate Us in full against all reasonable costs expenses and outgoings incurred byUs 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.
  13. Where credit has been granted We reserve the right to set-off any monies that we may owe to you against debts outstanding from you.
  14. The Terms and Conditions under which a Card is issued to you are binding on each and every user. You as the Account Holder, are bound by and liable for any act or omission on the part of any Card Holder. Such act or omission includes any committed by a person or persons accompanying you or any Card Holder when using the Card or when otherwise on Our premises.You shall be liable to Us for any loss, including but not limited to consequential losses and loss of reputation,caused to it by any breach of these Terms and Conditions. Further, by accepting these Terms and Conditions, you agree that you shall be liable to indemnify and hold Us harmless in respect of any or all liability, loss and damage, including but not limited to consequential loss, suffered by any third party and claimed from Us as a consequence of any breach by you or persons accompanying you of these terms and conditions.
  15. All warranties and conditions, express or implied including but not limited to implied warranties or conditions of satisfactory quality merchantability and fitness for a specific purpose relating to Our sale of goods are excluded to the extent permitted by law.
  16. Title in the goods in the invoice shall not pass to you until We have received cleared funds in full for all goods purchased by you. Until such time as the title in the goods passes to you, you shall hold goods as our fiduciary agent and bailee, and in the event of nonpayment, We shall be entitled to recover such goods whether they are within the possession or control of you or otherwise We shall be entitled to a first claim against any proceeds of sale which you may hold in respect of such goods.
  17. We are required to comply with money laundering legislation designed to combat the laundering of the proceeds of crime. Sales will not be made unless We have been provided with satisfactory evidence of your identity, and in certain circumstances We may be required to notify the appropriate authorities of issues relating to your affairs. We accept no liability to you for any losses you incur as a result of any actions We are required to take as a result of such legislation and regulations.
  18. Waste Electrical and Electronic Regulations 2006 (the'Regulations'). Anyone purchasing a business to business electrical or electronic equipment product('Product') from Us shall be responsible for the costs of collection, treatment, recovery and environmentally sound disposal of that Product and any product it replaces ('Replacement Product') in accordance with the Regulations. Anyone purchasing a product from Us shall not dispose of a Product orReplacement Product other than in accordance with the Regulations. Anyone purchasing a Product from Us agrees to indemnify and keep Booker indemnified from and against any and all loss or damage or liability suffered, including legal fees and costs incurred by Us resulting from a breach of this clause.
  19. 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 own label product, please contact our CustomerRelations team on 0845 602 6002.
  20. 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.
  21. Under no circumstances will We be liable to you,whether in contract, tort (including negligence),breach of statutory duty, or otherwise, for any in director consequential losses of any kind, including but not limited to loss of profit, loss of revenue, loss of opportunity, goodwill or customers; as a consequence of any defect on any goods caused by abnormal conditions of storage, transportation, treatment or handling or any negligence or wrongful act by you or any other customer, Your employees or agent; or any failure of Us to perform Our obligations under these terms and Conditions caused by circumstances beyond Our control.
  22. Our total liability to you in respect of all losses arising under or in connection with the contract, tort(including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the price of the goods which are damaged or the subject of the dispute. Such liability shall be limited at our option to replacing the whole or part of any goods deemed damaged or defective or refunding or crediting the purchase price or the pro rate portion of the purchase price of the goods which the defective goods form part.
  23. You agree to comply with all relevant anti-corruption legislation (including the Bribery Act 2010) and agree to immediately notify Booker if you discover or suspect that any of your officers, directors, employees or representatives are acting or have acted in a way which violates such legislation.
  24. You acknowledge that Booker Group has an ethical code of conduct (the "Code of Conduct") which is available at www.bookergroup.com and you agree to at all times,conduct, and procure that your officers, directors,employees and/or representatives conduct business ethically and in accordance with the relevant provisions of the "Code of Conduct". This clause shall apply whether or not you are acting pursuant to the CustomerTerms or your relationship with Us or any Companies within Booker&aos;s group of companies.
  25. Data Collection; Use and Processing of Personal Data:For more detailed information regarding our use of your data, please see our Privacy Notice at www.booker.co.uk.
  26. In brief, we will collect, process and/or use the information you provide (your 'Personal Data') to administer and perform the services for you, provide customer care, undertake market research, consider your application for credit, and provide information about the services we offer or to verify your identity.Your information will be shared with other companies within Booker Group and our wider group of companies. From time to time we may pass on your details to third parties who offer services or products which may be of use interest to you (unless you have told us not to) and for our symbol group customers to third parties, including suppliers, who provide value added services or to verify purchasing. We may also disclose information about you if required by law.
  27. Essential communication with you regarding your account may take place by mail, e-mail or SMS, (for example direct debit notifications are sent by e-mail)
  28. Where you have permitted we and carefully chosen third parties may also use your information to provide e-mail or text marketing to you . You may amend your preferences at any time.
  29. You have a right to view the Personal Data held by Us and to request that their Personal Data is corrected,amended or deleted. Please contact the PrivacyOfficer, Legal Department, Equity House,Irthlingborough Road, Wellingborough, NN8 1LT.
  30. We may give information and/or an opinion relating to you or your business or the status of any account("information") held with Us to any credit reference agency, bank, supplier or sub-contractor as We reasonably considers appropriate. You authorise us to disclose information to such persons and acknowledge that such information may be used by other customers of such persons, for purposes including, but not limited to, assessing applications for credit by you and members of your household (if applicable) and for occasional debt tracing and fraud prevention purposes. Additionally We may, subject to the provisions of the Consumer Credit Act 1974, seek information from or give information to any credit reference agency, bank or other such person. You authorise Us to obtain such information.
  31. We may change these Terms and Conditions from time to time at Our discretion. Such changes will take effect from 14 days after publication. Your continued use of the Card or online purchase will be deemed as acceptance of the Customer Terms in effect at the date of Your order. To assist you in determining whether the Customer Terms have changed since your most recent order we will display the date when theCustomer Terms were most recently updated.
  32. 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. FOR CUSTOMERS MAKING IN STORE PURCHASES:
  33. Booker and Makro are self service wholesale centres for trade use only and the general public is NOT admitted under any circumstances. Entry into Booker or Makro branches is permitted only to authorised Card Holders and the card must be provided on all occasions for entry into Booker. Proof of identification must be given on demand.
  34. The Card allows admission to a maximum of two persons at any one time, one of whom must be a Card Holder. The other may be any person to assist the CardHolder but he/she may not make any purchases.
  35. Children may be admitted to branches at the discretion of the Manager but strictly on the understanding that they are kept under parental control at all times. Prams and pushchairs may not be admitted for Health and Safety reasons. In observance of hygiene regulations, animals cannot be admitted inside Our premises, save for guide dogs.
  36. All legal requirements affecting the purchase of products, limitations of quantities and/or ages of purchasers are applicable at all of Our branches. In addition to all legal requirements, the Account Holder will comply with Our requirements and policies when on Our premises or in Our stores. Local variations may apply.
  37. Buying and/or parking on Our premises is done entirely at the risk of you, the Card Holder and/or any person accompanying them.
  38. Under no circumstances shall goods be consumed onthe premises (except for goods purchased in the Café).
  39. We reserve the right to search your belongings and purchases. Bags above a certain size may not be permitted (see in store for details)
  40. All purchases in store can be paid for in cash, debit cards, specified credit cards or at Our discretion, by cheque. Cash Transactions over £9,000.00 will require proof of identity of the party paying the funds. If you wish to present cheques for larger amounts than the guarantee limit you must make special arrangements with the branch.
  41. Risk shall pass on purchase of the goods
  42. By paying the invoiced amount you confirm receipt of the goods. Goods will only be refunded/exchanged if the goods are returned in their original packaging and are supported by the relevant invoice. Damages or other mistakes must be notified before the CardHolder leaves the premises. Chilled/Frozen goods or tobacco products cannot be returned.FOR BOOKER CUSTOMERS MAKING ONLINE PURCHASES:
  43. We will confirm receipt of Your order as soon as possible by e-mail, to the last email address You provided to Us. 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.
  44. The prices quoted on Our website are national indicative/guide prices only
  45. All prices are quoted excluding VAT. Where applicable,VAT will be added to invoices.
  46. The actual order value cannot be determined until the day of delivery, because the prices quoted on the website could vary either above or below the prices in branch on the day your order is picked and delivered. Please note that the price listed is a guide price and the price actually paid will be the price on date of delivery, by which time offers on certain products may have expired, whilst new product offers may have begun.
  47. Please check the dates of availability of any offers before purchasing.
  48. 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.
  49. If you would like Us to deliver a substitute line should selected lines be unavailable, You can request this when placing your order or a substitution policy maybe agreed with local branch.
  50. Product descriptions and prices should only be used as a guide and Booker reserves the right to vary them without notice.
  51. Delivery will be made to the address specified by You when you register on the website.
  52. Delivery dates, times and charges will be agreed withYou by the branch manager prior to the start of Your delivery service and prior to you being given access to place an order on the web site. Delivery times, where agreed, are approximate only and subject to clauses 20-22 there shall be no liability on Booker for late or cancelled delivery.
  53. It is Your responsibility to ensure that an appropriate person is available at the delivery address at all times during the agreed date and time. All goods must be signed for on delivery by an adult aged 18 years or over. If no one is at the address when delivery is attempted the goods will be retained by Us and We are entitled to charge You in full price of the items contained in Your order and the cost of delivery. Any goods ordered via the Booker Web Site, will remain the property of Booker.
  54. 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.
  55. Goods may not be returned without a collection note.
  56. Claims for shortages, damages or incorrect goods must be notified to Your local branch 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.
  57. We reserve the right to refuse delivery if these terms are not adhered to.
  58. The debit and credit cards accepted by us are those listed on the web site on the date on which your order is placed.
  59. The service may be unavailable at certain times toallow Us to maintain and upgrade the website. Although Booker will always endeavour to inform customers in advance of any service unavailability,this cannot be guaranteed. Booker 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.
  60. If you have any comments or complaints on or about our website, please e-mail us at feedback@booker.co.uk.
  61. Booker 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.
  62. Where a product description contains a link to another party’s website, please note that Booker does not vet these websites and has no control over their contents. Booker cannot accept any liability in respect of the use of those 3rd Party websites.
  63. This information is supplied for Your use only inplacing 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.
  64. Booker 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. Booker 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.
  65. At the time of Your registration You will receive a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Booker 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.
  66. The content of this website is owned or licensed byBooker. This material includes, but is not limited to, photos, images, layout, graphics, look and appearance. The content of the site is protected by copyright, trademarks, database and other intellectual property rights and any such rights will remain vested in Booker or our licensors.
  67. You may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from the Booker website. You may not use this website or its content for any commercial purpose; including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent of Booker. Any unauthorised use terminates any permission’s granted.

Please note that Customers intending to purchase products using Booker’s website will be subject to and should also review Terms and Conditions of Purchase Online, in addition to our Privacy Notice, both which can found via the link at the bottom of Booker’s homepage .booker.co.uk