1 About these terms and Outline Contents
1.1 These terms and conditions relate to consumer sales only. These terms only apply if You are a consumer. A consumer means any natural person acting for purposes outside his/her trade, business or profession. If You are acting in the course of Your trade, business or profession please ask for a copy of Our business to business terms of sale.
1.2 This is a legally binding document to protect Your own interests. Please read these terms of sale carefully before placing Your order and keep a copy of these terms and Your order for future reference.
1.3 Clause 2 - Definitions. This clause sets out the meaning of the capitalised words and terms which are given specific meaning within this document.
1.4 Clause 3 - The Basis of Our Agreement. This clause explains the extent to which this document applies to dealings between You and Us and how We intend to rely on it. This clause also explains when a contract is formed between You and Us, the status of any quotations which We may provide to You and the extent to which You may rely on any advice provided by Us.
1.5 Clause 4 - The Description and Price of the Goods. This clause sets out how the goods We supply to You will be described and priced and Our obligations to You to ensure that descriptions and prices are accurate. The clause explains Our obligations to supply goods to You and Your rights if We are unable to do so or if variations arise in the finish of products supplied.
1.6 Clause 5 - Payment for the Goods. This clause explains when and how You can pay for goods which You order from Us.
1.7 Clause 6 - Our Delivery of the Goods. This clause sets out the procedure and cost in the event that We agree to deliver goods to You. It also sets out Our liability to You where You ask Us to enter private property and the circumstances in which We may refuse to do so.
1.8 Clause 7 - Your Cancellation and Return of the Goods. This clause explains when You may cancel an order which You have placed with Us and when You may return goods which We have supplied to You. It also explains Your rights where You have purchased goods “at a distance” (by telephone, mail order or by the internet).
1.9 Clause 8 - Your Acceptance of the Goods. This clause sets out three ways in which You will be deemed to have accepted goods supplied by Us to You.
1.10 Clause 9 - Your Responsibilities on Delivery including Inspection. This clause sets out what You should do in the event that You are not satisfied with goods which We supply to You or if We deliver a smaller quantity of the goods than was agreed between You and Us.
1.11 Clause 10 - Defective Goods. This clause sets out Our liability to You in the event that We supply You with goods which are defective and the circumstances when We will not be liable to You. It also explains whether You will need to prove that the goods were defective or if We will need to show that they satisfactory.
1.12 Clause 11 - Ownership and Responsibility for the Goods. This clause explains when You will become responsible for the goods and when ownership will pass. It explains that ownership will not pass until You have paid for the goods and any other sums owing to Us in full.
1.13 Clause 12 - Your Non-Payment / Insolvency. This clause explains the consequences of You failing to pay Us for goods on time and the steps We may take if You are declared bankrupt or become insolvent.
1.14 Clause 13 - Data Protection. This clause sets out how We may make use of Your personal details in order to fulfil Your order.
1.15 Clause 14 - Events Beyond Our Control. This clause explains the extent of Our liability in the event that We are unable to complete the contract between Us due to circumstances which are beyond Our reasonable control.
1.16 Clause 15 - General. This clause contains a number of general provisions in relation to the contract between You and Us including which law will apply, the way in which the contract should be interpreted and the rights of third parties in relation to the contract between You and Us.
2.1 In these terms and conditions:
2.1.1 ‘We,’ and ‘Our,’ means Grafton Merchanting GB Limited (company no. 4725313), whose registered office is at PO Box 1586, Gemini One, 5520 Oxford Business Park South, Cowley, Oxford, OX4 2LL, including its trading divisions as well as its employees and agents;
2.1.2 ‘You’ and ‘Your’ means the person seeking to purchase Goods from Us;
2.1.3 ‘the Contract’ means the contract for the supply of Goods incorporating these Terms;
2.1.4 ‘Defect’ means the condition and/or attribute of the Goods and/or any damage, fault, condition or other circumstances that may entitle You to either reject the Goods, or seek Remedies;
2.1.5 ‘the Goods’ means the Goods to be supplied by Us to You;
2.1.6 ‘Quotation’ means Our written indication of likely cost and specification of the Goods if You were to place an order with Us;
2.1.7 ‘Remedies’ means compensation, repair, replacement, a reduction in price of the defective Goods or ending the Contract; and
2.1.8 ‘the Terms’ means these terms and conditions and any additional special terms agreed in writing between You and Us.
3 The Basis of Our Agreement
3.1 These Terms apply to all Goods supplied by Us to You. Orders are only accepted under these Terms and they may not be altered or added to other than in accordance with clause 3.2.
3.2 In relation to the Contract We intend to rely upon these Terms along with any written acceptance of an order placed by You as to the terms of the agreement between Us. If You require any changes to these Terms, these must be put in writing and be signed by one of Our directors.
3.3 A Contract between You and Us for the sale of any Goods only exists after We have received and accepted Your order and have confirmed it in writing such as by Us issuing You with an invoice, receipt, delivery note or notifying You by email to an email address You have given. Once We do so, there is a binding legal contract between You and Us.
3.4 Our Quotations do not constitute an offer to enter into a contract with You.
3.5 We amend these Terms from time to time. Every time You order Goods from Us, the Terms in force at the time of Your order will apply to the Contract between You and Us.
3.6 We may revise these Terms as they apply to Your order from time to time to reflect changes in relevant laws and regulatory requirements. If We have to revise these Terms as they apply to Your order, We will contact You to give You reasonable advance notice of the changes and let You know how to cancel the Contract if You are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods You have yet to receive. If You opt to cancel, You will have to return (at Our cost) any relevant Goods You have already received and We will arrange a full refund of the price You have paid, including any delivery charges.
3.7 In providing any advice to You with regard to the suitability of any Goods or materials for Your specifications We shall rely upon the information that You provide to Us. You must ensure the accuracy of any information You provide to Us including any applicable design, drawing or specification and You must give Us any necessary information relating to the Goods within sufficient time to enable Us to perform the contract in accordance with these Terms.
4 The Description and Price of the Goods
4.1 The description and price of the Goods You order will be as shown, or as described by Us in any Quotation, or, in the absence of such, as shown in Our, or the manufacturer’s / supplier’s, current catalogue or website at the time You place Your order. We reserve the right to vary the price of the Goods at any time before the Contract is made in accordance with clause 4.6. Whilst We try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. If We discover an error in the price or description of the Goods You have ordered, We will let You know as soon as reasonably possible. We will then offer You the option of reconfirming Your order or cancelling it in exchange for a full refund.
4.2 Our ability to supply the Goods is subject to Us holding them in stock or being able to obtain them. If on receipt of Your order, the Goods You have ordered are not available either in stock or by special order We will inform You as soon as reasonably possible and if We are unable to obtain them in an agreed time We will refund or credit You in full for any sum that has been paid by You or debited from Your credit card for the Goods, including any delivery charges.
4.3 In the event that We are unable to supply the Goods to You for a reason beyond Our reasonable control, We will notify You and offer You alternative similar products (if available) which are of no less quality. You shall be entitled to accept the alternative goods offered with a refund of any difference in the price if the substitute is cheaper or You shall be entitled to cancel Your order and obtain a full refund.
4.4 Whilst We try to maintain continuity of supply in relation to Our product lines, We reserve the right to discontinue any product at any time and We shall be under no obligation to supply You with a discontinued product in the future. If You have already placed Your order, We will notify You as soon as reasonably possible that the Goods are not available and offer You an alternative product if one is available or a full refund.
4.5 In the case of certain products, variations may arise in the finish of those products where they originate from different factory batches. We shall not be liable for any loss caused by such variation where such variation does not diminish the quality of the Goods and where Goods bought for a specific job or purpose are not purchased at the same time.
4.6 We take every precaution in the preparation of Our website, catalogues, technical circulars, price lists and other literature, but these documents are for Your general guidance only and do not form part of the Contract. If You require advice in relation to the Goods, a specific request for advice should be made to Us using the contact details in clause 17.
4.7 We reserve the right to increase the price of the Goods by giving notice to You prior to delivery to cover:
4.8 any increase in the cost which is due to any factor beyond Our control including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture;
4.9 any change in delivery dates, quantities or specification of the Goods which are requested by You; or
4.10 any delay caused by any failure by You to give Us adequate information or instructions, but if You do not wish to pay the higher price, You may cancel Your order and claim a full refund.
4.11 Where You require delivery to be made, We may require You to pay a charge for the delivery of the Goods in addition to the price and, if applicable, this charge will be quoted to You at the time of contract.
4.12 The price of the Goods and delivery charges are inclusive of VAT unless VAT is shown as a separate element.
4.13 Prices and delivery charges displayed or otherwise communicated are valid and effective only in the United Kingdom.
5 Payment for the Goods
5.1 You can pay for the Goods and delivery charges by any method shown in Our premises, in Our current catalogues or on Our website or which are notified to You at the time You place Your order.
5.2 Payment by credit card will not be effective until We are in receipt of cleared funds.
6 Our Delivery of the Goods
6.1 Before We agree to deliver the Goods to You, You must provide Us with an address for delivery along with all of the information which We will reasonably require to enable Us to determine whether We will be able to deliver the Goods, the appropriate method of delivery and the cost to You of providing the delivery service.
6.2 Prior to delivery of the Goods, We will agree with You a time for delivery of the Goods. We will deliver the Goods as soon as possible and unless you request a later date, in any event within 30 days of formation of the Contract.
6.3 If We are unable to make an agreed delivery to Your address for reasons due to Our own fault, We will inform You as soon as possible and refund or re-credit You for any sum that has been paid by You or debited from Your credit card for delivery.
6.4 If there is no one at the address You have given who is competent (over the age of 18 years) to accept delivery of the Goods by signing for them, We will seek to agree an alternative delivery date, or agree for You to collect the Goods. We reserve the right to make an additional charge for re-delivery of the Goods and You will be informed of the amount at the time We arrange an alternative date.
6.5 If Goods are to be deposited other than on Your private premises We will deliver the Goods as near as possible to the delivery address as is safe and the public highway permits. You will be responsible for complying with all regulations, permits and charges and for all steps which need to be taken for the protection at all times of persons or property. You will reimburse Us in respect of all reasonable losses, damages, costs and expenses We may incur as a result of such delivery whether on the public highway or elsewhere. We will remain liable for all losses caused by Our own negligence.
6.6 We will only enter private property if We are given specific authority. Once invited onto private property We accept no liability for damage caused to that property by Our delivery drivers (whether directly employed by Us or by a third party) unless caused by Our own fault or negligence. We reserve the right to refuse to deliver the Goods to premises that are reasonably considered by Our delivery drivers to be unsuitable or unsafe. We will notify You as soon as reasonably possible of the reason for non-delivery.
6.7 You agree to reimburse Us in respect of all losses, damages, costs and expenses that We incur in complying with any specific delivery instructions which You may give Us and which relate to clauses 6.5 and 6.6 above. Any amount which You reimburse to Us will be reduced in proportion to the extent that such losses, damages, costs and expenses are due to Our fault or negligence.
6.8 Unless We state otherwise, all Our Quotations and estimates assume delivery of the full contracted amount of Goods. We reserve the right to levy additional charges for deliveries by instalments where requested by You.
6.9 Our delivery price includes the cost of delivery on week days during Our normal working hours. An additional charge may be made if We agree to Your request to deliver outside normal working hours or on Saturdays, Sundays and/or bank holidays.
6.10 If You keep Our delivery vehicle waiting for an unreasonable time or the delivery driver is obliged to return without completing delivery, or if due to the nature of the Goods We have to provide additional staff to unload Goods, a reasonable additional charge will be made that reflects the extra services provided the amount of such additional charge will be notified to You.
6.11 We will not be liable for any death, or personal injury to You or anyone under Your control during unloading that was not caused by Our negligence or by a breach of Our statutory duty.
7 Your Cancellation and Return of the Goods
7.1 Because You are a consumer, We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, You have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by Your right of return and refund in this clause 7 or anything else in these Terms. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.
7.2 You do not have an automatic right to change Your mind and cancel the contract unless it has been made by telephone, mail order or by the internet, (at a “Distance”). We may at Our discretion accept the return of certain Goods not purchased from Us at a Distance (see clause 7.3). This clause does not affect Your right to return any faulty or mis-described Goods.
7.3 For contracts not made at a Distance and where You purchase Goods from Us from stock We may at Our discretion accept the Goods back, in which case We will issue You with a credit note for the purchase price less reasonable costs incurred up to the point of Your cancellation. Goods to be returned must be delivered back to Us at Your cost with proof of purchase and be in the same condition that they were in at the time of purchase. We will be unable to accept back Goods that were not held in stock and were especially ordered on Your behalf. This clause does not affect Your right to return faulty or mis-described Goods.
7.4 If You cancel the Contract when it has not been made at a Distance and We have not agreed to take back the Goods You will be liable for the cost of the Goods and for the reasonable costs that We have incurred in fulfilling Your order. If We have already accepted a part-payment or deposit, We will consider whether this covers the losses We are entitled to claim and if it does not We may claim extra from You. If the part-payment or deposit is in excess of Our losses, We will refund the balance. This clause does not affect Your right to return faulty or mis-described Goods or Goods ordered at a Distance.
7.5 If You have ordered Goods at a Distance You have the right to cancel the Contract at any time up to the end of fourteen days after You receive the Goods or, if Your Goods were delivered in instalments, fourteen days after the date on which You receive the last instalment of the Goods.
7.6 To exercise Your right of cancellation, You just need to let Us know You have decided to cancel using Our contact details in clause 17.
7.7 If You exercise Your right of cancellation:
7.7.1 You will:
a) be responsible for returning the Goods to Us at Your own cost. The Goods must be returned to Our main trading address shown at the end of these Terms; and
b) take reasonable care to ensure the Goods are not damaged in the meantime or in transit. If the Goods are damaged (or have been modified) by You or are damaged in transit in a way that You could have foreseen (such as not being sent back in the same or similar packaging as sent to You), We will assess what damage has been caused and if some or all of the goods are not in saleable condition then those goods will be rejected and a proportionate part of the refund withheld; and
7.7.2 We will:
a) refund or credit You any sum that has been paid by You or debited from Your credit card for the Goods as soon as possible and in any event within the deadlines indicated below:
i if You have received the Goods and We have not offered to collect it from You: 14 days after the day on which We receive the Goods back from You or, if earlier, 14 days after the day on which You provide Us with evidence that You have sent the Goods back to Us; or
ii if You have not received the Goods or You have received it and We have offered to collect it from You: 14 days after You inform Us of Your decision to cancel the Contract;
b) refund You using the same payment method You used to place Your order;
c) refund any delivery costs You have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method We offer (provided that this is a common and generally acceptable method).
7.8 If You do not return the Goods as required under Clause 7.7, We may charge You a sum not exceeding Our direct costs of recovering the Goods.
7.9 You do not have the right to cancel the Contract if Your order is for perishable Goods that have been unsealed by You, or for Goods that by their nature (such as bespoke goods or items which have been personalised at Your request) cannot be returned or are liable to deteriorate or expire rapidly.
8 Your Acceptance of the Goods
8.1 Your acceptance of Goods can take place in three ways:
8.1.1 by telling Us that You have accepted the Goods;
8.1.2 by altering or customising the Goods in any way; or
8.1.3 by keeping the Goods longer than a reasonable time without telling Us that You have rejected them.
9 Your Responsibilities on Delivery including Inspection
9.1 If You are not satisfied with the Goods, if they do not conform with Your order, if they are damaged or faulty, if they are not of satisfactory quality or have any other Defect You should reject them on delivery, or, if a Defect is found within a reasonable time after delivery We will (subject to confirmation of the Defect) exchange the Goods or refund You in full.
9.2 Should a short delivery (of less than the full quantity of Goods ordered) have been made, You must notify Us within a reasonable time of discovery of the short delivery. Our liability for this short delivery is limited to making good the shortage and any reasonable loss or damages You have suffered due to the short delivery.
9.3 Where it would have been apparent on a reasonable inspection that the Goods do not conform to the Contract and You fail to give Us notice of this within a reasonable time You will be deemed to have accepted the Goods and have waived any right to reject the Goods.
10 Defective Goods
10.1 If the Goods have a Defect at the time of sale and You have not yet accepted the Goods, We will refund You in full. Where You have accepted the Goods, You lose the right to a refund. However You retain the right to the Remedies.
10.2 If the Goods have a defect and You have accepted them, You will be entitled to Remedies. We will not pay compensation for any consequential damage or any other indirect or consequential loss of any kind) resulting from use of the Defective Goods, where such damage was not reasonably foreseeable to Us at the time the Contract was made or where such losses can be reasonably described as arising in the course of Your trade or business.
10.3 If You do not accept the Goods You may claim a full refund or Remedies only if the Goods are not (a) of a satisfactory quality or (b) fit for purpose or (c) as described at the time of purchase.
10.4 You may claim Remedies within the first six months after purchase unless We prove that the Goods conformed to the Contract at the time of sale.
10.5 If You claim Remedies more than six months after purchase You must prove that the Goods did not conform to the Contract at the time of sale.
10.6 You cannot make a claim for Remedies in the following cases:
10.6.1 if the defect or fault was brought to Your attention on or before the time of sale;
10.6.2 if You inspected the Goods on or before the time of sale and the defect or fault was or should have been readily noticeable;
10.6.3 if the defect or fault would have become apparent on inspection within a reasonable time from delivery and notice of the defect has not been given to Us within a reasonable time from when the defect became apparent;
10.6.4 if the defect arises from Your wilful actions, negligence, abnormal working conditions, mis-use, alteration or repair of the Goods, failure to follow instructions relevant to the Goods or storage of the Goods in unsuitable conditions;
10.6.5 if You change Your mind about wanting the Goods or if after purchase You decide that You do not like a cosmetic aspect of the Goods such as colour or shape that was clearly intrinsic to the Goods at the time of purchase;
10.6.6 if You chose the Goods Yourself for a purpose which was neither obvious nor made known to Us and You find the item unsuitable for that purpose; or
10.6.7 if the defect is a result of fair wear and tear.
10.7 Nothing in these Terms will affect the terms of manufacturers’ warranties and guarantees or reduce Your statutory rights relating to faulty or mis-described Goods. For further information about Your statutory rights You can contact Your local authority Trading Standards Department or Citizens’ Advice Bureau.
11 Ownership and Responsibility for the Goods
11.1 Risk passes to You as soon as We have delivered the Goods and You will then be responsible for them. If You delay a delivery, Our responsibility for everything other than damage due to Our negligence will end on the date that We agreed to deliver them as set out by the Contract.
11.2 We will retain title (ownership) to the Goods until You pay the full price (cash or cleared funds) of the Goods and any other sums outstanding between You and Us whether in respect of this Contract or otherwise.
11.3 Until title passes You shall:
11.3.1 hold the Goods on trust on Our behalf;
11.3.2 store the Goods separately from all other Goods or products in such a way that they remain identifiable as the Goods; and
11.3.3 not affix the Goods to any land or building in such a way that they become incapable of removal without material injury to the land or building.
12.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this contract.
12.2 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit Our liability for:
12.3.1 death or personal injury caused by Our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5 defective products under the Consumer Protection Act 1987.
13 Your Non-Payment / Insolvency
13.1 If You are declared bankrupt, enter into an individual voluntary arrangement with Your creditors, fail to pay any invoice or any sum due to Us under any contract or You commit a material breach of the Contract and fail to remedy that breach, all sums outstanding between You and Us shall become immediately due and payable and We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have):
13.1.1 require payment in cleared funds in advance of any further orders You may make;
13.1.2 cancel or suspend any further deliveries to You under this or any other contract without liability on Our part to the extent that We have not already received payment in cleared funds;
13.1.3 terminate this Contract with You.
13.1.4 You will reimburse Our costs including legal costs, which We incur in enforcing a breach of the Contract arising from Your act or omission.
14 Data Protection
14.1 By placing Your order, You allow Us to use Your personal details for the purpose of supplying the Goods (including passing Your details on to Our employees/agents). We may share Your information within Our company network for purposes connected to or relating to the fulfilment of Your order or for other internal accounting or compliance purposes. We will not use Your details for any other purpose without seeking Your prior consent.
15 Events Beyond Our Control
15.1 We reserve the right to defer the date of delivery or to cancel the Contract or, with Your consent (not to be unreasonably withheld or delayed), reduce the volume of Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control, provided that, if the event in question continues for a continuous period in excess of 30 days, You shall be entitled to terminate the Contract by giving 14 days prior written notice and You shall be entitled to a refund in respect of any Goods not delivered to You.
16.1 These Terms are governed by English law. This means a Contract for the purchase of Goods through Our site and any dispute or claim arising out of or in connection with it will be governed by English law.
16.2 You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland You may also bring proceedings in Scotland.
16.3 Any waiver by Us of any breach or default of these Terms does not mean that We will continue to waive that or any subsequent breach.
16.4 If any clause or sub-clause of these Terms is held to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms will not be affected and they will remain in full force and effect.
16.5 Any reference in these Terms to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
16.6 The headings of these Terms are for convenience only and shall not affect their interpretation.
16.7 Termination of the Contract shall not affect the rights and obligations that have already accrued at the time of termination.
16.8 Nothing in these Terms or the Contract is intended to or will create any benefit for or right to enforce any of the Terms of the Contract to any third party.
17 Information about Us
17.1 Buildbase Lintels is a trading division of Grafton Merchanting GB Limited (company no. 4725313), whose registered office is at PO Box 1586, Gemini One, 5520 Oxford Business Park South, Cowley, Oxford, OX4 2LL. Our VAT number is GB 128 2526 76.
17.2 To cancel a Contract in accordance with Your legal right to do so as set out in clause 7, You just need to let Us know that You have decided to cancel. The easiest way to do this is by completing the cancellation form, a copy of which is available in the Appendix to these Terms, or on Our website at http://www.buildbaselintels.co.uk/info-terms-conditions-3 . You can also cancel by contacting Us by hand or post at Broadway North, Chemical Road
West Wilts Trading Estate, Wiltshire, BA13 4JX, fax at 01373 858040 or email at email@example.com , giving details of the Goods ordered and (where appropriate) their delivery.
17.3 If You wish to contact Us for any other reason, including because You have any complaints, You can contact Us by telephoning Our customer service team at 0845 450 7100 or by e-mailing Us at firstname.lastname@example.org
MODEL CANCELLATION FORM
To Grafton Mechanting GB Limited of Gemini One, 5520 Oxford Business Park South, Cowley, Oxford, OX4 2LL:
I hereby give notice that I cancel my contract for sale of the following goods,
Name of consumer:
Address of consumer:
Signature of consumer: