Terms and Conditions
Shopappy™ is an eCommerce site that operates both locally and
nationally to support local businesses. We enable retailers to
sell their products online to customers within a town in which they are
located and to enable customers to book, order, click and collect or
have delivered the products they have purchased and to sell their
products online only to customers locally and nationally and then fulfil
those orders by postage and packing.
These terms tell you the
rules on which you can access and use the Shopappy™ website at
www.shopappy.com and any services accessible through the website.
The
Shopappy™ website is operated by Shopappy Limited (Company
no. 10285855) ("we", "us", "our").
We
do not sell or have possession of any of the products listed by vendors
on either the Shopappy™ website. The contract for the sale of
those products is between you and the relevant vendor(s).
To
contact us, please email [email protected]
By using the
Shopappy™ website you accept these terms
By using the
Shopappy™ website you confirm that you are at least 18 years old,
accept these terms of use and that you agree to comply with them. If you
do not agree to these terms, you must not use the Shopappy™
website. We recommend that you print a copy of these terms for future
reference.
There are other terms that may apply to you
These
terms of use refer to the following additional terms, which also apply
to your use of the Shopappy™ website:
Our Privacy Policy which sets out the terms on which we process any information we collect
from you, or that you provide to us. By using the Shopappy™
website, you consent to such processing and you warrant that all
information provided by you is accurate.
Our Cookie Policy, which sets out information about the cookies on both the
Shopappy™ website.
We may make changes to these terms
and the Shopappy™ website
We amend these terms from
time to time. Every time you wish to use the Shopappy™ website,
please check these terms to ensure you understand the terms that apply
at that time.
We may update and change the Shopappy™
website from time to time to reflect changes to the services we offer,
our users' needs and our business priorities.
We may
suspend or withdraw the website
We do not guarantee that the
Shopappy™ website or any content on it will always be available or
be uninterrupted. We may suspend or withdraw or restrict the
availability of all or any part of the Shopappy™ website for
business and operational reasons.
You are also responsible
for ensuring that all persons who access the Shopappy™ website
through your internet connection are aware of these terms of use and
other applicable terms and conditions, and that they comply with
them.
The Shopappy™ website is only for users in
the United Kingdom
The Shopappy™ website is
directed to people residing in the United Kingdom. We do not represent
that content available on or through the Shopappy™ website are
appropriate for use or available in other locations.
You must
keep your account details safe
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. 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 reasonable opinion you have failed to comply with any of the
provisions of these terms of use.
If you know or suspect that
anyone other than you knows your user identification code or password,
you must promptly notify us at [email protected]
Contracts
with vendors for products
Contracts with vendors.
We are not a vendor, a seller, or any kind of agent or intermediary for
you or any of the vendors that make products available to you through
the Shopappy™ website. We do not sell the products available
through the Shopappy™ website and are not responsible for any part
of the contract for the supply of products by any vendor. So we’re
not responsible for their products or for any delivery, returns,
refunds, guarantees, warranties or other after-sale care or for any
related problems you may suffer. You will need to make your own
independent judgement regarding your interaction with any vendor
including the purchase and use of any products made available by
them.
How vendors will accept your order
A vendor's acceptance of your order for products will take
place when we email you to notify you of their acceptance, at which
point a contract will come into existence between you and the relevant
vendor.
If a vendor cannot accept your order.
If a vendor is unable to accept your order, the vendor will inform you
of this and will not charge you for the relevant product or, where
applicable, refund you the price paid for the product within a
reasonable period of time. This might be because the product is out of
stock, because of unexpected limits on a vendor's resources which
the vendor could not reasonably plan for, because the vendor has
identified an error in the price or description of the product or
because the vendor is unable to meet a pick up or delivery time you have
specified.
Where to find the price for the product or
services. The price of the vendor's products (which includes
VAT) will be the price indicated on the order pages when you placed your
order. Vendors will take all reasonable care to ensure that the price of
the product advised to you is correct.
Products may vary
slightly from their pictures. The images of vendor's products
on Shopappy™ website are for illustrative purposes only and in the
case of fresh foods are taken from a general image library. Although
vendors have made every effort to display the colours accurately,
vendors cannot guarantee that a device's display of the colours
accurately reflects the colour of the products. Your product may vary
slightly from those images.
Your rights to make
changes. If you wish to make a change to the product you have
ordered please contact the relevant vendor. They will let you know if
the change is possible. If it is possible they will let you know about
any changes to the price of the product, the timing of supply or
anything else which would be necessary as a result of your requested
change and ask you to confirm whether you wish to go ahead with the
change.
Click and Collect and costs.
The relevant vendor that supplies you with the products will ensure they are ready for you to collect as agreed if you chose the click and collect option. If you have any questions about or issues with your click and collect point, please contact the relevant vendor supplying the product(s) to you. There is no charge for collecting products ordered at a single point or for collecting products from the vendor directly. Collection points are provided by third parties and are not the responsibility of ShopAppy
Delivery and Delivery costs.
The relevant vendor that supplies you with the products will ensure they are delivered as agreed if you chose the delivery option. If you have any questions about or issues with your delivery partner, please contact the relevant vendor supplying the product(s) to you. Delivery costs, if applicable, will be shown and charged at the time you place your order. Delivery is provided by third parties and is not the responsibility of ShopAppy.
The relevant vendor that supplies you with the products will ensure they are posted as agreed at the time of purchase. If you have any questions about or issues with your delivery, please contact the relevant vendor supplying the product(s) to you. Postage and packing costs, if applicable, will be shown and charged at the time you place your order. Postage is provided by third parties and are not the responsibility of ShopAppy.
When vendors will provide the products.
During the order process we will let you choose a time when you can
pick up the products or when you can expect them to be delivered. If you
have selected postage and packing the delivery time will depend upon the
postage and packing supplier used by each individual retailer on the
site.
If you do not pick up your products or accept delivery
at the specified time, then you should contact the delivery partner,
vendor or collection point directly, as applicable. You will still be
liable for payment of products if you fail to collect, or accept
delivery of, the items.
If you are entitled to a
refund.
If you are entitled to a refund in relation to the products supplied by a vendor, the vendor will make the relevant refund to you. Each vendor's refund policy is available on its page on the Shopappy™ website.
If you are unable to contact the vendor, please contact ShopAppy on
[email protected] and we will endeavour to raise any concerns.
How
you may use material on the Shopappy™ website
We are
the owner or the licensee of all intellectual property rights in the
Shopappy™ websites, and in the material published on it.
Those works are protected by copyright laws and treaties around the
world. All such rights are reserved. You must not use any part of the
content on the Shopappy™ website for commercial purposes without
obtaining a licence to do so from us or our licensors.
We are
not responsible for websites we link to
Where the
Shopappy™ website contains links to other sites and resources provided by third
parties, these links are provided for your information only. Such links
should not be interpreted as approval by us of those linked websites or
information you may obtain from them. We have no control over the
contents of those sites or resources.
User-generated content
not approved by us
The Shopappy™ website may include
information and materials uploaded by vendors and other users of the
website, including to bulletin boards. This information and these
materials have not been verified or approved by us. The views expressed
by vendors and other users on the website do not represent our views or
values.
If you wish to complain about information and
materials uploaded by other users please contact us by email on
[email protected]
Our responsibility for loss or damage
suffered by you
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.
Please note that we only
provide the Shopappy™ website for domestic and private use
by you. You agree not to use the Shopappy™ website for any
commercial or business purposes, and we have no liability to you for any
loss of profit, loss of business, business interruption, or loss of
business opportunity. Separate terms of use are applicable to any vendor
that uses the Shopappy™ website.
Acceptable use of the
Shopappy™ website
Whenever you access the
Shopappy™ website or make use of a feature that allows you to
upload content to the Shopappy™ website, or to make contact with
vendors or other users of the website, you must comply with the content
standards set out below.
You may use the Shopappy™
website only for lawful purposes. You may not use the website: in any
way that breaches any applicable local, national or international law or
regulation; in any way that is unlawful or fraudulent, or has any
unlawful or fraudulent purpose or effect; to transmit, or procure the
sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam); or to
knowingly transmit any data, send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware or any other harmful programs or similar computer code designed
to adversely affect the operation of any computer software or
hardware.
We may from time to time provide interactive
services on the Shopappy™ website, including, without limitation
bulletin boards and reviews.
Where we do provide any
interactive service, we will provide clear information to you about the
kind of service offered, if it is moderated and what form of moderation
is used (including whether it is human or technical).
We will
do our best to assess any possible risks for users (and in particular,
for children) from third parties when they use any interactive service
provided on Shopappy™ website, and we will decide in each case
whether it is appropriate to use moderation of the relevant service
(including what kind of moderation to use) in the light of those risks.
However, we are under no obligation to oversee, monitor or moderate any
interactive service we provide on Shopappy™ website and we
expressly exclude our liability for any loss or damage arising from the
use of any interactive service by a user in contravention of our content
standards, whether the service is moderated or not.
The
following content standards apply to any and all material which you
contribute to Shopappy™ website, and to any interactive services
associated with it. You must comply with the spirit and the letter of
the following standards. The standards apply to each part of any
contribution as well as to its whole.
Contributions must: be
accurate (where they state facts); be genuinely held (where they state
opinions); and comply with applicable law in the UK.
Contributions
must not: contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or
inflammatory; promote sexually explicit material; promote violence;
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age; infringe any copyright, database
right or trade mark of any other person; be likely to deceive any
person; be made in breach of any legal duty owed to a third party, such
as a contractual duty or a duty of confidence; promote any illegal
activity; be threatening, abuse or invade another's privacy, or
cause annoyance, inconvenience or needless anxiety; be likely to harass,
upset, embarrass, alarm or annoy any other person; be used to
impersonate any person, or to misrepresent your identity or affiliation
with any person; give the impression that they emanate from us, if this
is not the case; or advocate, promote or assist any unlawful act such as
(by way of example only) copyright infringement or computer misuse.
We
will determine, in our discretion, whether there has been a breach of
these acceptable use standards through your use of Shopappy™
website. When a breach of these standards has occurred, we may take such
action as we deem appropriate.
We also have the right to
disclose your identity to any third party who is claiming that any
content posted or uploaded by you to the Shopappy™ website
constitutes a violation of their intellectual property rights, or of
their right to privacy.
We have the right to remove any
posting you make on the Shopappy™ website if, in our opinion, your
post does not comply with the standards set out above.
We are
not responsible for viruses and you must not introduce them
We
do not guarantee that the Shopappy™ website will be secure or free
from bugs or viruses. You are responsible for configuring your
information technology, computer programmes and platform to access the
Shopappy™ website. You should use your own virus protection
software.
You must not misuse the Shopappy™ website by
knowingly introducing viruses, trojans, worms, logic bombs or other
material that is malicious or technologically harmful. You must not
attempt to gain unauthorised access to the Shopappy™ website, the
server on which the website is stored or any server, computer or
database connected to the website. You must not attack the
Shopappy™ website via a denial-of-service attack or a distributed
denial-of service attack. By breaching this provision, you would commit
a criminal offence under the Computer Misuse Act 1990. We will report
any such breach to the relevant law enforcement authorities and we will
cooperate with those authorities by disclosing your identity to them. In
the event of such a breach, your right to use the Shopappy™
website will cease immediately.
Other important terms
We
may transfer our rights and obligations under these terms to another
organisation.
Each of the paragraphs of these terms operates
separately. If any court or relevant authority decides that any of them
are unlawful, the remaining paragraphs will remain in full force and
effect.
Headings in these terms are for ease of reference
only and do not limit the scope of the relevant section.
If
we do not insist immediately that you do anything you are required to do
under these terms, or if we delay in taking steps against you in respect
of your breaking these terms, that will not mean that you do not have to
do those things and it will not prevent us taking steps against you at a
later date.
These terms are governed by English law.
Last
updated 2nd May 2023.
COOKIE POLICY
Cookies are files that are stored on your device by browsers. Most sites have them.
They are used to help you navigate the web so that you do not need to log in each time if you have visited a site before. It also helps us to know how many people visited our sites, increases, decreases and things like popular searches for products. All of this information is really useful to help us make Shopappy even better. These cookies contain information about the use of your computer but don't include personal information about you. They don't store your name but they do store your postcode to help us track where customers are coming from and match you with your area. This website uses cookies to store information related to your shopping experience on shopappy.com .org. This information is used for analysis and to customise your experience in particular so that your location is fixed. If you require more information contact [email protected] By using the site, you are accepting the use of the cookies as described above.
PRIVACY POLICY
This policy applies to information we collect when you choose to use this website, and also to personal data which we process further to supplying services/goods to you should you purchase from businesses using this website.
We take your privacy very seriously and we ask that you read this privacy policy carefully as it contains important information on the personal data we collect about you; what we do with your information and who your information might be shared with.
WHO WE ARE
This website is owned by ShopAppy Limited and our registered office is at 15 Victoria Park, Shipley, West Yorkshire BD15 4RL (Company No. 10285855) ShopAppy ('we' or 'us') are a 'data controller' for the purposes of the Data Protection Act 2018 (the "Act") where we control the purposes for which we process your personal data.
Any questions about our data protection policy or how we handle your personal data should be addressed to [email protected]. (See ‘How to contact us’ below.)
WHAT PERSONAL DATA DO WE COLLECT?
We collect personal data about you (such as your name, address, email address and contact number, age, credit/debit card information), when you make an enquiry, fill out forms on the website (or email, telephone or otherwise contact us), subscribe with us, use social media functions available on our website, or when you purchase products or services from our retailers via our website.
WHO DO WE SHARE YOUR PERSONAL DATA WITH?
We may send information about you to other parties, our retailers, service providers and law enforcement agencies in connection with any investigation to help prevent unlawful activity.
Due to the nature of our business we work with a variety of service providers who act as our processors who store and process your personal data on our instructions. Below is a list of our service providers for your information:
We only send your data outside the EEA where we have in place a legal agreement which complies with the Legislation and where you have given your express consent. In order to fulfil our contractual agreement with you, we use an invoicing platform called Xero to process all of our invoices and to ensure an improved experience for our customers we use the services of Mail Chimp. Both Mail Chimp’s and Xero's servers are all based in the US which means the personal data of our customers is transferred and stored within the US. Where our partners handle data to deliver our service to our customers, we review them annually to ensure their data protection policies are comprehensive and up to date.
You can find out more information about how our suppliers safeguard your personal data by visiting: https://www.xero.com/uk/about/terms/privacy/, https://www.intuit.com/privacy/statement/
HOW WILL WE USE THE INFORMATION ABOUT YOU?
We process information about you so that we can:
MARKETING
We use any personal data submitted to us by you to provide you with further information by email about the products and services we offer or our retailers offer which you have requested and/or which may be similar and which we consider could be of interest to you. You can choose to unsubscribe at any point by clicking on the link at the bottom of the emails or removing yourself from notifications or our social media platforms. We shall not sell your personal data or disclose your data to third parties for the purpose of such third party marketing to their products or services to you.
Email marketing campaigns published by us may contain tracking facilities within the actual email. Subscribed activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include: the opening of emails, forwarding of emails, the clicking of links within the email consent, times, dates and frequency of activity (this is by no means a comprehensive list).
SOCIAL MEDIA
Any social media posts or comments are subject to the terms of the relevant social media platform. We are not responsible for this kind of sharing and encourage you to view the privacy policy and terms of use for each platform.
Any comments you make on these social media platforms in general must be not offensive, insulting or defamatory. You are responsible for ensuring that any comments you make comply with any relevant policy on acceptable use of those services.
Lawful basis for processing personal data
We will only process your personal data where we have a legal basis for doing so. There are 6 lawful reasons for processing personal data which are:
Most of the processing we carry out in relation to your personal data is done in order to fulfil our contractual obligations with you but we also have legal obligations to keep and use certain personal data, legitimate interest and consent.
If we are relying on the legitimate business interest basis for lawful processing be assured that we only do this where we have considered carefully the risks to your rights and freedoms (as we are required to do by the GDPR) and we will not process personal data on this basis if we have any doubt that your rights might be adversely affected. We also revisit this assessment regularly and update our procedures according to our findings.
KEEPING YOUR DATA SECURE
Our staff and associates are bound by obligations of confidentiality and trained in the protection of personal data. We will take all reasonable steps to comply with the Act and use the appropriate technical and organisational measures necessary to safeguard your personal data. We only share your personal data with third parties who are required to comply with the Act.
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that is transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us (see ‘How can you contact us?’ below).
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Retention Periods
We store your personal data on secure servers for a period of:
in each case unless the law requires us to store the data for a longer period.
WHAT RIGHTS DO YOU HAVE?
The GDPR provides the following rights for individuals whose personal data is processed:
RIGHT TO ACCESS – I.E., TO REQUEST A COPY OF YOUR INFORMATION
You can request a copy of your information which we hold (this is known as a subject access request). If you would like a copy of some or all of it, please:
RIGHT TO CORRECT ANY MISTAKES IN YOUR INFORMATION
You can require us to correct any mistakes in your information which we hold free of charge. If you would like to do this, please:
RIGHT TO REMOVE YOUR DETAILS FROM OUR RECORDS OR RESTRICT HOW WE USE YOUR INFORMATION
You can ask us to stop contacting you for particular purposes or remove your information completely from our records. There may be a legal reason why we need to keep your personal data and in that circumstance we will destroy your personal data as soon as we are legally entitled to do so. If you would like us to stop contacting you with information about our services, please:
RIGHT TO COMPLAIN
If you have any concerns or complaints about how we use your personal data we hope you will alert us to these directly (see the Contact information below). You are entitled to complain to the Information Commissioners Office (ICO) which is the supervisory authority in the UK. Their contact details and the procedure can be found at www.ico.gov.uk
USE OF COOKIES
A cookie is a small text file which is placed onto your computer (or other electronic device) when you use our website. We use cookies on our website.
This website uses a cookie control system allowing you on each visit to the website to allow or disallow the use of cookies on your computer/device. This complies with recent legislation requirements for websites to obtain explicit consent from users.
For example, your log-in information, browser type and version, we may monitor how many times you visit the website, dates and times, which pages you go to, page response time, download errors, traffic data, page interaction information, (such as scrolling, clicks and mouse overs), location data (IP address) and the originating domain name of a user's internet service provider, to improve the user's experience whilst visiting the website, and better understand how you use it. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
You can set your browser not to accept cookies and the websites below tell you how to remove cookies from your browser. However, some of our website features may not function as a result.
For further information on cookies generally visit www.aboutcookies.org or www.allaboutcookies.org.
Third Party Cookies: These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons across the sites which allow visitors to share content onto social networks. Links are currently provided to LinkedIn, Twitter, Facebook,and Instagram. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of our websites. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on our websites. You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.
HOW TO CONTACT US
Please contact us at [email protected], if you have any questions about this privacy policy or the information we hold about you.
CHANGES TO THE PRIVACY POLICY
We may change this privacy policy from time to time. You should check this policy occasionally to ensure you are aware of the most recent version that will apply each time you access this website or use our services.
ShopAppy.com
May 2023