Sellers at Tesco Terms and Conditions
These terms and conditions only apply to purchases that you make from Sellers. They are supplementary to and should be read together with the Tesco direct terms and conditions. Terms and conditions of your purchases from Tesco and / or your use of the Tesco direct site can be found here.
In the event of any inconsistency between these terms and conditions and the Tesco direct terms and conditions, these terms and conditions will prevail.
1. WHAT IS 'SELLERS AT TESCO'?
'Sellers at Tesco' is an online marketplace (“Site”) provided by Tesco which gives third party sellers (each a “Seller”) the opportunity to list on the Site in order to sell products to you (the “Service”) in accordance with these terms and conditions.
2. ROLE OF THE SELLER AND TESCO
2.1 You are purchasing the products from the Seller and so the contract of sale for any Seller products is between the Seller and you. These terms and conditions, alongside the information found on the Seller's information page, form the basis of the contract between the Seller and you.
2.2 Tesco is neither the buyer nor the seller of the Seller's products. As such, any contractual obligations arising out of a transaction using the Service are the responsibility of the Seller and you.
2.3 By purchasing Seller products, you authorise Tesco to take payment for these products (see paragraph 7.1 below).
2.4 Tesco has no responsibility to you in relation to your order from a Seller or any Seller products, except as expressly set out in these terms.
3. PRICING AND AVAILABILITY OF PRODUCTS
3.1 All prices on the Site are expressed inclusive of any VAT payable and exclusive of delivery (see paragraph 4 below), both unless otherwise stated.
3.2 If, by mistake, the Seller has under priced a product, the Seller will not be liable to supply that product to you at the stated price, provided that the Seller notifies you before they despatch the product to you.
3.3 All Seller products offered on the Site are subject to availability or whilst stocks last (as appropriate).
4.1 Delivery will be made to the address specified when you complete the order. You may choose to collect some products from selected Tesco stores if the Seller offers this service.
4.2 Please note that Sellers only deliver to addresses within England, Scotland, Wales and Northern Ireland. Where a Seller does not deliver to certain postcodes or locations this should be listed on the Seller's information page.
4.3 Sellers use a variety of delivery methods and are responsible for setting their own delivery charges. For more information on delivery arrangements, times and prices for a particular Seller please see the Seller's information page.
4.4 Please note that where you purchase products from a Seller and products from Tesco in the same order, the Seller is responsible for delivery of the products it has sold and Tesco is responsible for the delivery of the products Tesco has sold. Therefore, delivery will be made separately and will not necessarily arrive at the same time.
5. RETURN AND REFUND POLICY
If you change your mind, or your product arrives damaged or is faulty, details of a Seller's return and refund policy can be found on the Seller's information page. This does not affect your statutory rights, including your right to cancel your order under the Distance Selling Regulations.
6. PAYMENT OF REFUNDS
6.1 If you are entitled to a refund, the Seller will instruct Tesco to refund you on the payment card that you used to order your product.
6.2 Where you have elected to collect a product purchased from a Seller from a Tesco store, you must return that product to the Seller's designated returns address (and cannot return that product to a Tesco store).
6.3 In the event of a refund, all Clubcard points received for the purchase of a refunded product will be removed from your Clubcard account.
7. PAYMENT AND ACCEPTANCE OF YOUR ORDER
7.1 Tesco is authorised by the Sellers to accept your payment for orders. In processing your payment, and any refund, we will be shown as merchant of record on your credit card or bank statement and will be acting as the Seller's agent.
7.2 Payment for your products will be taken at the time you place your order. Your order is an offer to buy from the Seller. Any order confirmation you receive, which may contain an estimated date of delivery or collection (as applicable), shall not be acceptance of your order.
7.3 Nothing that the Seller does or says will amount to any acceptance of your offer until you receive an email notifying you that the Seller has despatched a product to you or notifying you when a product will be available to collect in store (as applicable). Where products are despatched or made available to collect in store separately, the acceptance of the order in respect of each product takes place when you are notified by email of such despatch.
7.4 Once the Seller has despatched your product(s), you cannot amend your order (but please see your right to cancel an order in paragraph 5 above).
7.5 At any point up until the Seller has despatched your product(s), the Seller may, in its absolute discretion, decline to supply a product to you. If the Seller declines to supply a product to you and you have already paid for it, the Seller will instruct Tesco to issue a full refund of any amount already paid for that product in accordance with its refund policy.
8. PROMOTIONS, ECOUPONS AND VOUCHERS, AND CLUBCARD POINTS
8.1 Promotions available on products sold by Tesco may not be available on products sold by Sellers, including (without limitation) Clubcard Exchange.
8.2 Tesco eCoupons and Clubcard vouchers cannot be used to purchase or contribute towards the purchase of any products sold by Sellers.
8.3 Clubcard points are awarded for purchases made from Sellers but are not awarded for any delivery charges. Standard Clubcard terms and conditions apply - please see the Clubcard terms and conditions for further details.
8.4 Tesco giftcards may be used for full or part payment of products you purchase from a Seller. Seller giftcards may not be used for full or part payment of any products sold by Sellers.
9. SELLER GUARANTEE
9.1 So that you can buy with confidence from Sellers, Tesco offers its customers a guarantee for the full value of the purchase price of your product(s) from Sellers. This guarantee applies only in the following circumstances:
- if the Seller has not delivered your order or any part of an order or the Seller has not attempted to deliver the order, within 10 business days (being any day other than a Saturday, Sunday or public holiday) after notification of despatch;
- if a product you have received is materially different from the description on the Site, or it is damaged or defective on delivery; or
- failure by the Seller to provide you with a refund where (i) you are due a refund under the Seller's cancellation or returns policy, or (ii) the Seller has agreed to provide you with a refund and you have returned the products to the Seller.
9.2 The following conditions apply to this guarantee:
- you must have purchased the item from a Seller and paid via the Site;
- you warrant that any information you provide is truthful and accurate;
- you must raise your claim no earlier than 3 business days after having first raised a complaint directly with the Seller and no later than 90 days of the notified despatch date;
- you must not request a chargeback for the price of the purchase from the issuing bank or receive any refund, replacement or other compensation from the Seller at any time; and
- you agree that a refund is the only remedy provided under the Seller Guarantee.
9.3 To raise a claim under the guarantee, please contact Tesco Customer Services.
10. NOTICE AND TAKEDOWN
10.1 If you believe that any of the content or products listed for sale by Sellers is defamatory or infringes the intellectual property rights you hold please notify us by completing the Notice and Takedown Form in full and sending it to email@example.com.
10.2 By making a complaint you warrant and represent to Tesco that the statements you make are true and correct and that you are the holder of the intellectual property rights which you allege have been infringed.
11. GENERAL QUERIES OR COMPLAINTS
Please contact the Seller directly for all queries, complaints and issues that relate to Seller orders. Contact details for a Seller can be found on the Seller's information page.
We may update these terms and conditions (including the terms of the Seller Guarantee) from time to time. If you do not wish to accept the new terms and conditions, you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new terms and conditions.