Terms of Service
These Terms of Service ("Terms") govern your use of the MerchantLink platform, which includes our mobile application, our website at merchantlink.co.uk, and any related services (together, the "Platform"). The Platform is operated by Merchanty Link Ltd, a company registered in England and Wales under company number 16823796, with its registered office at 57 Nook Road, Scholes, Leeds, England, LS15 4AX ("MerchantLink", "we", "us", "our").
Please read these Terms carefully. By creating an account, placing an order, or otherwise using the Platform, you agree to be bound by them. If you do not agree, please do not use the Platform.
These Terms should be read together with our Privacy Policy, our Returns, Refunds and Cancellations Policy, our Hire Terms and Conditions, and our Dispute Resolution Policy. Where there is any conflict between these Terms and one of those specific documents, the specific document takes precedence for the matter it covers.
1. About the Platform
1.1. MerchantLink operates a marketplace that connects consumers ("Customers", "you") with independent third-party merchants ("Merchants") who supply building materials, tools, equipment hire, and related services in the United Kingdom.
1.2. We are not the seller of the products listed on the Platform and we do not own, store, or supply the products ourselves. The contract for the sale of any product or for any hire of equipment is formed directly between you and the Merchant.
1.3. We provide the technology platform that enables the transaction, including search, listings, payment processing, order management, and dispute resolution.
1.4. The Platform is intended for use within the United Kingdom by individuals aged 18 or over. If you are using the Platform on behalf of a business, the person agreeing to these Terms warrants that they have the authority to bind the business.
2. Your account
2.1. You must create an account to use most features of the Platform. You can create an account using your email address and a password, or by signing in with a third-party identity provider such as Google or Apple.
2.2. You agree to provide accurate, current, and complete information when creating your account and to keep that information up to date. You are responsible for the security of your account credentials and for all activity that takes place under your account.
2.3. You must notify us promptly if you believe your account has been accessed without your authorisation.
2.4. We may suspend or close your account in accordance with section 11 below.
3. Eligibility
3.1. You confirm that:
(a) you are aged 18 or over;
(b) you are resident in the United Kingdom and capable of forming a binding contract under English law; and
(c) the information you provide to us is accurate and you will keep it up to date.
3.2. If we discover that you do not meet these requirements, we may close your account and cancel any open orders or bookings.
4. How orders work (Retail)
4.1. When you place an order for a product through the Platform, your order is an offer to buy the product from the Merchant on the terms set out at the point of sale.
4.2. The Merchant may accept or decline your order. The contract between you and the Merchant is formed only when the Merchant confirms the order in writing (which may include an in-app notification or email).
4.3. Prices, availability, delivery options, and lead times are set by the Merchant and shown to you before you complete the order.
4.4. You can cancel your order within 30 minutes of placing it, subject to the Merchant not yet having dispatched or confirmed it. After that, the Returns, Refunds and Cancellations Policy applies, including your statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 where applicable.
4.5. Delivery is provided by or on behalf of the Merchant. Delivery times are estimates and not guarantees unless the Merchant has expressly stated otherwise.
5. How hire works (Services)
5.1. The Hire Terms and Conditions govern the rental of equipment and supply of related services through the Platform. By submitting a quote request, accepting a bid, or making a payment in respect of any hire booking, you agree to those Hire Terms in addition to these Terms.
5.2. The contract for any hire is formed directly between you and the Merchant providing the equipment.
6. Payment
6.1. Payments through the Platform are processed by Stripe Payments Europe Limited or its UK affiliate ("Stripe"). MerchantLink does not store your full card details. By making a payment you agree to Stripe's terms of service and privacy policy in addition to ours.
6.2. Where we collect payment on behalf of a Merchant, we do so as the Merchant's commercial agent. Once payment is received, your payment obligation to the Merchant is discharged.
6.3. You authorise us, or Stripe acting on our behalf, to take payment from your chosen payment method for the amounts you have agreed to pay. For hire bookings, you may be asked to consent to a backstop authorisation as described in the Hire Terms.
6.4. Refunds are processed back to the original payment method. Timelines depend on your bank or card issuer but typically take five to ten business days.
7. Your statutory rights
7.1. Nothing in these Terms or in any other MerchantLink policy limits or excludes your statutory rights as a consumer. In particular:
(a) products must be of satisfactory quality, fit for purpose, and as described, under the Consumer Rights Act 2015;
(b) services must be provided with reasonable care and skill;
(c) your right to cancel a distance contract within 14 days under the Consumer Contracts Regulations 2013 (where applicable) is preserved; and
(d) your right to a refund, repair, or replacement for faulty goods is preserved.
7.2. If you have any concerns about a product or service, please refer to the Returns, Refunds and Cancellations Policy for retail purchases or the Hire Terms for hires.
8. Acceptable use
8.1. When you use the Platform, you agree:
(a) not to use the Platform for any unlawful purpose;
(b) not to upload, post, or transmit any content that is unlawful, defamatory, threatening, harassing, obscene, infringing, or harmful;
(c) not to attempt to gain unauthorised access to the Platform, any account, or any related system;
(d) not to interfere with the operation of the Platform, including by introducing malware or by overwhelming our systems with automated requests;
(e) not to copy, scrape, or otherwise extract content from the Platform other than for your own personal, non-commercial use;
(f) not to impersonate any person or misrepresent your affiliation with any person; and
(g) not to use the Platform to send unsolicited marketing or spam.
8.2. We may remove content, suspend access, or take legal action where we reasonably believe you have breached this section.
9. Reviews and user content
9.1. The Platform allows you to leave reviews of Merchants and products. Reviews must be your honest opinion, must not contain unlawful content, and must not be misleading.
9.2. By posting a review or any other content on the Platform, you grant MerchantLink a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, display, and distribute that content on the Platform and in marketing of the Platform. You retain ownership of the content you post.
9.3. We may moderate, edit, or remove reviews that we reasonably believe breach these Terms or applicable law.
10. Intellectual property
10.1. The Platform, including its software, design, content (other than user content), and trademarks, is owned by MerchantLink or its licensors and is protected by intellectual property laws.
10.2. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose, subject to these Terms. You may not copy, modify, reverse-engineer, or create derivative works of the Platform.
11. Suspension and termination
11.1. You may close your account at any time through the Account section of the app or by contacting us.
11.2. We may suspend or close your account if you breach these Terms, if we are required to do so by law, or if we reasonably believe that doing so is necessary to protect the Platform, our Merchants, or other Customers.
11.3. On closure or suspension, your access to the Platform may be restricted. Closure does not affect any rights or obligations that have already accrued, including any pending orders or hire bookings.
12. Our liability
12.1. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded by law.
12.2. Subject to clause 12.1, we are not liable to you for:
(a) loss of profits, business, business opportunity, goodwill, or anticipated savings;
(b) indirect or consequential loss; or
(c) the acts or omissions of any Merchant, except where we have caused or contributed to the loss through our own breach of these Terms.
12.3. Subject to clauses 12.1 and 12.2, our aggregate liability to you for any loss or damage arising under or in connection with these Terms is limited to the greater of (i) £100 and (ii) the total amount you paid to us in the 12 months preceding the event giving rise to the liability.
12.4. We provide the Platform with reasonable care and skill but do not guarantee that it will be available without interruption or free from errors. We may suspend access to the Platform for maintenance, updates, or other operational reasons.
13. Disputes
13.1. Our Dispute Resolution Policy describes the process for raising and resolving disputes about products or services purchased through the Platform.
13.2. Nothing in these Terms or in the Dispute Resolution Policy affects your right to take a dispute to your bank or card issuer (commonly called a chargeback), or to a relevant ombudsman or alternative dispute resolution service where one is available.
14. Changes to these Terms
14.1. We may change these Terms from time to time. Where the change is significant (for example, a change that materially affects your rights or obligations), we will give you at least 30 days' notice by email or through the app before the change takes effect.
14.2. If you do not agree to a change, you may close your account before the change takes effect. Continued use of the Platform after the change takes effect means you accept the updated Terms.
15. Communications
15.1. We will send service messages, transactional emails, and in-app notifications relating to your account, orders, and hire bookings. These are part of the service and cannot be unsubscribed from while you have an active account.
15.2. Marketing messages are optional. You can manage your marketing preferences in the Account section of the app or by following the unsubscribe link in any marketing email.
16. Privacy
Our use of your personal data is governed by the Privacy Policy.
17. Third-party services
The Platform may link to or integrate with third-party services (for example, Stripe, Apple Pay, Google Pay, mapping providers). Your use of those services is governed by the relevant third party's terms; we are not responsible for their content or operation.
18. Force majeure
We are not liable for any failure or delay in performing our obligations under these Terms where that failure or delay is caused by events outside our reasonable control, including industrial action, telecommunications failures, government action, or natural disasters.
19. Assignment
You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor in the business of operating the Platform.
20. Entire agreement and severability
20.1. These Terms, together with the other documents we reference, constitute the entire agreement between you and us in relation to your use of the Platform.
20.2. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
21. Governing law and jurisdiction
21.1. These Terms are governed by the laws of England and Wales.
21.2. Any dispute arising under or in connection with these Terms is subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your local courts.
22. How to contact us
You can contact us at app@merchantlink.co.uk or through the Help section of your account.