Terms and Conditions

Information about us

• Stuckonsite.co.uk is a registered company whose registered office is 1st Floor 3&4 Cranmere Court, Lustleigh Close, Matford Business Park, Exeter, Devon, United Kingdom, EX2 8PW. Our company’s registration number is 14835070. You can contact us on the following email: support@stuckonsite.co.uk or by phone on 0117 427 0423.

Purpose

• Stuck On Site (Also referred to as: “Stuck On Site,” “we,” “our”) aims to connect you with our partner (Also referred to as “vendor”, “supplier”) businesses and facilitate the ordering and delivery of items within the building merchants industry. When you place an order through our app or website, we act as an agent on behalf of our partners to process your order.
• Our app and website, Stuck On Site, is designed to revolutionise the delivery service experience. We have developed a user-friendly platform to streamline the delivery of goods and enhance the overall customer experience by facilitating connections between suppliers and customers.

General

Entire Agreement

• The Contract constitutes the entire agreement between the parties.
• Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.

Basics of Contract

• The Order constitutes an offer by the Customer to purchase Goods or Services or Goods and Services in accordance with these Conditions.
• The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
• All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

          Goods

• The goods are described in the inventory of the app
• The Supplier reserves the right to amend the Goods Specification if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event.

          Delivery of Goods

• The Stuck on Site will ensure that:
• (a)each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, [the contract number OR all relevant Customer and Supplier reference numbers], the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
• (b)it states clearly on the delivery note any requirement for the Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier’s expense.
• Stuck on site will deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
• Delivery of the Goods shall be completed on the completion of [unloading OR loading] of the Goods at the Delivery Location.
• Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Stuck on site will not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
• If Stuck on Site fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
• Stuck on site shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

          Quality of Goods

• The Supplier warrants that on delivery[, and for a period of [12] months from the date of delivery (Warranty Period),] the Goods shall:
• (a)conform [in all material respects] with [their description and any applicable Goods Specification ORthe Goods Specification;
• (b)be free from material defects in design, material and workmanship.
• (c)be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
• (d)be fit for any purpose held out by the Supplier
• If the goods are found to be unsatisfactory the Customer gives notice in writing to the Supplier [during the Warranty Period] within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in

Your account

• To place an order with Stuck On Site, you must create an account. This requires setting up a password for secure login and providing payment method details. You are responsible for maintaining the confidentiality of your password and preventing unauthorised access to the email account or phone number associated with your account. We are not liable for any losses resulting from unauthorised access to your account unless such access resulted from our failure to maintain password security.
• You have the option to close your account at any time by requesting us to do so. We retain the right to suspend access to your account or close it permanently if we suspect unauthorised access or if we believe that you are abusing our services. Abuse of services may include, but is not limited to, fraudulent refund claims, mistreatment of our staff or partners staff, or any other reasonable cause.
• We reserve the right, without limitation, to take any necessary action, including further verification, to establish your identity, age, and other relevant information. You are required to provide any additional information promptly upon request. Refusal to provide requested information or suspicion of fraudulent or criminal activity may lead to the suspension or permanent ban of your account with us.
• When creating an account, you agree to the companies’ terms and conditions and recognise any breaches of these could result in your account being suspended or permanently banned.
• You can appeal any ban or suspension by emailing us at: support@stuckonsite.co.uk

Service Availability

• The predefined delivery area may change due to factors such as weather, demand, or supply. We will endeavour to deliver your item within an hour with the expectation of things out of our control
• Vendors determine their operating hours independently. As a result, the availability of our service may fluctuate to accommodate these variables. If, for any reason, we are unable to deliver to your location, we will promptly notify you.
• Delivery Charges: Delivery charges are £5 regardless of the items purchased or the mileage. However, this is subject to change with fluctuation of the market
• Delivery Delays: As stated there may be delays in your delivery due to unforeseen and changing factors such as weather and any other reasonable delay out of our control.

Orders

          Order Process:

• After browsing the products up for purchase you will then be able to place an order only through the app. You will be prompted to login and provide your delivery details. Once your order is confirmed you will receive confirmation and we will aim to deliver your product within an hour from confirmation (Please see service availability section for delivery delays).
• If you do not conclude the order before the 2-hour cut-off the items will be removed from your basket automatically

          Payments:

• We are committed to safeguarding your financial information and processing payments with the utmost care. Below, we provide details about our accepted payment methods, the payment authorisation process, and the security measures in place to protect your transactions.
• Accepted Payment Methods: We accept the following major payment methods: Credit Cards: You can use major credit cards, including Visa, MasterCard, as well as google pay, apple pay and Klarna, to complete your purchase.
• Online Payments: We provide secure online payment options through trusted payment gateways and services to facilitate a smooth and secure payment experience.
• Payment Authorisation: When you place an order through our platform, the payment authorisation process begins as follows:
• Payment Details: You will be required to provide accurate payment information during the order process. This may include your credit card details, billing address, and any other necessary payment information.
• Authorisation: Once you submit your payment details, our system will seek authorisation from the payment provider to verify the payment method and ensure the transaction’s validity.
• Order Confirmation: Upon successful payment authorisation, you will receive an order confirmation, which serves as proof of your order placement. This is when your hour delivery starts.
• Secure Payment Processing: We understand the importance of security when it comes to your financial information. To ensure the security of your payments, we have implemented the following measures:
• Encryption: Our platform employs industry-standard encryption protocols to protect your payment data during transmission. This encryption ensures that your payment details remain confidential and secure.
• Payment Gateway: We partner with reputable payment gateways that comply with stringent security standards, providing an added layer of protection for your transactions.
• Payment Data Protection: Stuck On Site is committed to safeguarding your payment data. We do not store your complete payment information on our servers to minimise the risk of data breaches.
• While we take every precaution to secure your payment information, it’s essential to remember that online transactions carry inherent risks. It is advisable to keep your payment information confidential and promptly report any suspicious or unauthorized activity to us.

          Cancellations:

• Our inventory is linked with our partners inventory which means if the partner is unable to provide a product this will also be marked as out of stock on our side. This means that there will not be any substitutes and if it is out of stock, we will let you know.
• Once a customer has purchased an item in full, we are unable to cancel this order. If a customer would like a refund, they will need to raise a refund request and from there we will provide instructions of next steps.
• If a partner cancels the order we will refund the customer in full automatically

Payment for Partners

          Vendors/Suppliers

• After a customer has placed and paid for an order Stuck on Site will receive the payment in full first. Then we will pay our partners on 30 days rolling contract.

         Delivery drivers

• Delivery drivers will get a minimum of £5 per delivery that will go into their delivery driver wallet on the app. There must be a minimum of £50 in the driver’s delivery wallet to withdraw the funds.
• 100% of delivery tips will be given to the driver.

Pricing and Fees

The price for Goods:

• (a)shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier’s published price list as at the date of [delivery OR the order]; and
• (b)shall be exclusive of all costs and charges of packaging, insurance, transport of the Goods[, which shall be invoiced to the Customer].

The Supplier reserves the right to:

• [increase the charges for the Services on an annual basis with effect from each anniversary of the Commencement Date in line with the percentage increase in the [Consumer Prices Index] in the preceding 12-month period and the first such increase shall take effect on the first anniversary of the Commencement Date and shall be [based on] the latest available figure for the percentage increase in the [Consumer Prices Index]

Pricing on the app:

• Prices include VAT. We may at times operate dynamic pricing this means prices of goods may change while you are browsing. Prices may also change at any time at the discretion of our partners. We reserve the right to charge a service fee, which may also be subject to change. You will be notified of any applicable changes prior to purchase at the checkout page.
• Items in your basket will not be affected by dynamic pricing unless they have been there for more than 2 hours then as previously stated they will be removed from your basket and dynamic pricing applied.

Returns and Refunds

Return Policy:

• Stuck On Site provides clear instructions to customers on how to initiate the return process with the original partner seller. Once the partner confirms the receipt of the returned item(s), we will promptly initiate the refund process with the customer.
• In cases where the store has provided the driver with the incorrect item, the driver will exchange the item free of charge. However, a £10 delivery fee will be levied to the supplier to cover the driver’s time and expenses. The correct item will be redelivered to the customer at no additional cost, and the original £5 delivery fee charged at checkout will be refunded.

Refund Policy:

• We are committed to a straightforward and efficient refund process. Here’s how it works:

Processing Time:

• Refunds are initiated promptly upon the receipt of returned goods by the participating supplier. The timeframe for receiving your refund typically ranges from 5 to 15 days. This duration may vary based on the supplier’s working days and response time.

No Deductions:

• Importantly, we do not apply any fees or deductions from the refund amount. You will receive the full, total amount of your refund, ensuring a transparent and hassle-free process.

Privacy and Data Handling

• Privacy Policy: You can view our full privacy policy on the privacy policy section of our website.

Intellectual Property

Stuck On Site is committed to protecting its intellectual property rights and ensuring that our trademarks, logos, and copyrighted materials are used in accordance with the law. This section outlines our rights and restrictions regarding the use of our business’s intellectual property.

Trademarks and Copyrights:

• Ownership: Stuck On Site and its associated logos, trademarks, service marks, and copyrighted materials are the exclusive property of Stuck On Site. These intellectual property rights are protected under applicable copyright and trademark laws.
• Restricted Use: You are granted a limited, non-exclusive, and non-transferable license to access and use our platform and services. However, you must not reproduce, distribute, modify, or publicly display any of our trademarks, logos, or copyrighted materials without our explicit written permission.
• Third-Party Rights: Stuck On Site respects the intellectual property rights of others and expects our customers and users to do the same. You should not use our platform or services to infringe upon the copyrights, trademarks, or other intellectual property rights of third parties.
• User-Generated Content: If you submit user-generated content to our platform (such as reviews, comments, or images), you grant Stuck On Site a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and publicly display that content for the purpose of operating, promoting, and improving our services.
• Reporting Infringements: If you believe that your intellectual property rights have been infringed upon through our platform, please contact us promptly so that we can take appropriate action to address the issue.

Enforcement:

• Stuck On Site reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including taking legal action against individuals or entities that violate these rights.
• If we discover unauthorized use of our intellectual property, we may take measures to protect our rights, including issuing cease and desist notices and pursuing legal remedies.
• By using our services, you agree to comply with our intellectual property policies and refrain from any unauthorized use of our trademarks, logos, or copyrighted materials. Failure to adhere to these policies may result in legal action or account suspension.

Data Protection

• The following definitions apply:
• Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
• Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) [and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party].
• Domestic Law: the law of the United Kingdom or a part of the United Kingdom.
• Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
• The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller and the Supplier is the Processor.
• Without prejudice to the generality of Clause 12.2, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier [and/or lawful collection of the Personal Data by the Supplier on behalf of the Customer] for the duration and purposes of the Contract.
• Without prejudice to the generality of Clause 12.2, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under the Contract:
• (a)process that Personal Data only on the documented written instructions of the Customer unless the Supplier is required by Domestic Law to otherwise process that Personal Data. Where the Supplier is relying on Domestic Law as the basis for processing Personal Data, the Supplier shall promptly notify the Customer of this before performing the processing required by the Domestic Law unless the Domestic Law prohibits the Supplier from so notifying the Customer;
• (b)ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
• (c)ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
• (d)not transfer any Personal Data outside of the UK unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
• (i)the Customer or the Supplier has provided appropriate safeguards in relation to the transfer;
• (ii)the Data Subject has enforceable rights and effective legal remedies;
• (iii) the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
• (iv)the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
• (e)assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
• (f)notify the Customer without undue delay on becoming aware of a Personal Data Breach;
• (g)at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Contract unless required by Domestic Law to store the Personal Data; and
• (h)maintain complete and accurate records and information to demonstrate its compliance with this Clause 12 [and allow for audits by the Customer or the Customer’s designated auditor] and immediately inform the Customer if, in the opinion of the Supplier, an instruction infringes the Data Protection Legislation].
•  The Customer does not consent to the Supplier appointing any third party processor of Personal Data under the Contract. OR The Customer consents to the Supplier appointing [THIRD-PARTY PROCESSOR] as a third-party processor of Personal Data under the Contract. The Supplier confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement [substantially on that third party’s standard terms of business OR incorporating terms which are substantially similar to those set out in this Clause 12] and in either case which the Supplier [confirms] OR [undertakes] reflect and will continue to reflect the requirements of the Data Protection Legislation. As between the Customer and the Supplier, the Supplier shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this Clause 12.6.
•  
• [Either party may, at any time on not less than 30 days’ notice, revise this Clause 12 by replacing it with any applicable controller to processor standard clauses or similar terms adopted under the Data Protection Legislation or forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).

Liability and Disclaimers

At Stuck On Site, we are committed to providing a high-quality service to our customers. However, it’s essential to outline the extent of our liability and include necessary disclaimers to ensure clarity and transparency.

Limitations of Liability:

• Errors and Omissions: While we strive for accuracy, we cannot guarantee that all the information on our platform, including product descriptions, prices, and delivery times, is error-free. We do not accept liability for any errors or omissions and reserve the right to correct them when identified.
• Damages: Stuck On Site is not liable for any direct, indirect, incidental, consequential, or special damages that may arise from the use of our services. This includes, but is not limited to, damages due to delayed deliveries, product quality, or any issues related to third-party vendors.
• Responsibility: Stuck On Site accepts responsibility only to the extent expressly specified in our terms and conditions. We are not responsible for any issues that fall outside the scope of our services, such as the quality and condition of products provided by third-party vendors.

Disclaimers:

• Third-Party Vendors: We partner with a network of third-party vendors to provide a wide range of products and services. Stuck On Site disclaims responsibility for any issues arising from the products or services offered by these vendors. Customers should direct any concerns or complaints related to third-party products or services to the respective vendor.
• External Conditions: Stuck On Site cannot be held responsible for external conditions that may affect our delivery services, including but not limited to adverse weather, traffic, or unforeseen circumstances. We will make reasonable efforts to inform you of such conditions and adjust our services accordingly.
• Indemnification: You agree to indemnify, and hold Stuck On Site, its employees, and its partners harmless from any claims, losses, liabilities, and expenses, including attorney fees, arising out of your use of our services or any violation of our terms and conditions.
• Compliance with Laws: We disclaim any responsibility for ensuring that our services comply with the laws and regulations of your specific jurisdiction. It is your responsibility to assess whether our services align with the applicable legal requirements in your area.
• Force Majeure: Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control (a Force Majeure Event).
• Stuck On Site shall not be held liable for any failure or delay in providing services due to circumstances beyond our control, including but not limited to acts of nature, strikes, labour disputes, or government regulations.
• No Warranty: We provide our services “as is,” without any warranties or representations, whether express or implied. Stuck On Site does not guarantee that our services will be uninterrupted or error-free, and we do not warrant the quality, accuracy, or reliability of the products or services provided by third-party vendors.

• It is important to understand and accept the limitations and disclaimers outlined in this section. By using our services, you acknowledge and agree to the terms and conditions described here.

Termination of Services

• Termination Clause:
• Customer Termination: You, as a customer, have the right to terminate the service agreement at any time by notifying us of your intent to do so. This can be done by contacting our customer support team or following the account closure process outlined in our “Your Account” section (Section 3).
• Stuck On Site Termination: Stuck On Site reserves the right to suspend or terminate the service agreement under the following circumstances:
• Abuse of Services: If we believe that you are abusing our services, which may include but is not limited to fraudulent refund claims, mistreatment of our staff, or any other reasonable cause.
• Unauthorised Access: If we have reason to believe that someone other than you is accessing your account without authorisation, we may suspend or terminate your account.
• Consequences:
• Customer Termination: When you, as a customer, choose to terminate the service agreement, the following consequences may apply: Any outstanding orders will be processed according to our cancellation and refund policies. Your account will be closed, and access to our services will be suspended. You may be subject to any applicable fees or charges associated with the closure of your account.
• Stuck On Site Termination: In the event that Stuck On Site decides to terminate the service agreement based on the reasons outlined above, the following consequences may apply:
• Any outstanding orders will be processed in accordance with our cancellation and refund policies.
• Your account will be closed, and access to our services will be suspended or permanently terminated.
• Stuck On Site may take legal action or pursue remedies as permitted by law in the case of abusive or unauthorised access.
• It is important to note that the termination of the service agreement does not affect any rights or obligations that may have accrued before the termination. Stuck On Site reserves the right to seek compensation or remedies as appropriate, depending on the circumstances.

Legal Compliance and Jurisdiction

• Legal Compliance: Emphasize that your terms and conditions must be in compliance with applicable laws and regulations.
• Governing Law: State the jurisdiction and laws that will govern your agreement.

Changes to Terms and Conditions

• At Stuck On Site, we are committed to providing transparent and reliable services to our customers. We may, from time to time, find it necessary to update and revise our terms and conditions to better serve your needs and to comply with changes in the law or industry standards. We value your trust and strive to keep you informed about any modifications to our terms. When we make significant changes to our terms and conditions, we will make reasonable efforts to notify our customers via the email address associated with their accounts. We will send an email to inform you of the upcoming changes and provide a summary of the modifications.
• This section outlines how and when we may update our terms and how you will be notified of these changes.

Changes and Updates:

• Frequency of Updates: Our terms and conditions may be subject to periodic updates, and we encourage you to review this document regularly to stay informed about any alterations.
• Reasons for Updates: We may update our terms for various reasons, including but not limited to changes in the law, enhancements in our services, or to address evolving customer needs and expectations.
• Effective Date: Each update will be accompanied by an effective date, clearly indicating when the new terms come into effect. It is your responsibility to check for updates and familiarise yourself with the latest terms and conditions.

Severability

• Partial Invalidity: If any part or provision of our terms and conditions is found to be unenforceable, invalid, or contrary to law by a court or other authority of competent jurisdiction, that specific part or provision shall be deemed severed from the terms, and the remaining provisions shall continue to be in full force and effect.
• Effect on Agreement: The severance of any unenforceable provision shall not affect the validity, legality, or enforceability of the remaining terms and conditions, which will remain valid and enforceable to the fullest extent permitted by law.