PLUMBCO (MIDLANDS) LIMITED CONDITIONS OF SALE
1. These terms
1.1 These are the terms and conditions on which we, Plumbco (Midlands) Limited (company number: 01823330), agree to supply any products you purchase from our website: www.plumbco.co.uk. Please read these terms carefully before you submit your order to us.
1.2 Your rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.3 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2. Our contract with you
2.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract subject to these terms will come into existence between you and us. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product.
2.2 We will assign an order number to your order and tell you what it is when we accept your order. 2.3 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3. Our products
3.1 The images of the products on our website are for illustrative purposes only. Sizes, weights, capacities, dimensions and measurements of your product may vary slightly from the information provide on our website.
3.2 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the delivery/collection date or anything else which would be necessary as a result of your request.
3.3 We may change the product you have ordered to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. If we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
4. Price and Payment
4.1 The price of the product (which includes VAT) will be the price indicated on our website. We will tell you the costs of delivery as part of the payment process.
4.2 When we email you to accept your order, we will provide you with an estimated delivery date, which will usually be within 30 days after we accept your order.
4.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4.4 We accept payment with all major debit and credit cards. You must pay for the products as part of our online checkout process. We will not deliver the products to you until payment for your order has been received by us in full.
4.5 If you are a business, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.6 If you are a business and you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC UK Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
5. Delivering your order - All orders are shipped within 1-2 working days of receipt
5.1 All deliveries must be signed for and received by an adult. If no one is available at your delivery address to take delivery, we'll call to arrange a suitable date and time for redelivery. We may need to take an additional handling charge for this.
5.2 If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
5.3 If you have asked to collect the products from our premises, you can collect them from us once we tell you your order is ready for collection at any time during our working hours of 7.30am – 5pm on weekdays (excluding public holidays) and 8am to 12pm on Saturdays.
5.4 The products you ordered will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
5.5 If you are a consumer, you will own the goods once we have received payment in full.
5.6 If you are a business, you will own the products once we have received payment in full for all products you have ordered from us.
5.7 We may have to suspend the supply of a product to:
5.7.1 deal with technical problems or make minor technical changes;
5.7.2 update the product to reflect changes in relevant laws and regulatory requirements;
5.7.3 make changes to the product as requested by you.
5.8 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to cancel your order for a product if we suspend it, or tell you we are going to suspend it. We will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.9 We will suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended.
6. Your rights to cancel your order
6.1 Your rights when you cancel your order will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer. These rights are set out in clauses 7 to 10 below.
7. Cancelling your order because of something we have done or are going to do.
7.1 If you are cancelling your order for the following reasons then we will refund you in full for any products which we have not delivered and you may also be entitled to compensation:
7.1.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
7.1.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.1.4 we have suspended supply of the products for technical reasons;or
7.1.5 you have a legal right to end the contract because of something we have done wrong.
8. Cancelling your order if you are a consumer and you have changed your mind
8.1 If you are a consumer, you have a statutory right to cancel any online orders within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.2 If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value caused by your handling of the products.
8.3 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.
9. Your rights in respect of defective products if you are a business
9.1 If you are a business, we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
9.1.1 conform with their description and any relevant specification; and
9.1.2 be free from material defects in design, material and workmanship.
9.2 Subject to clause
9.3, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full, if:
9.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 9.1;
9.2.2 we are given a reasonable opportunity of examining such product;and
9.2.3 you return such product to us at our cost.
9.3 We will not be liable for a product's failure to comply with the warranty in clause 9.1 if:
9.3.1 you make any further use of the product after giving a notice in accordance with clause 9.2.1;
9.3.2 the defect arises because you failed to follow our/the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
9.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
9.3.4 you alter or repair the product without our written consent;or
9.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
9.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause
9.1. 9.5 These terms shall apply to any repaired or replacement products supplied by us under clause9.1.2.
10. Your rights in respect of defective products if you are not a business
10.1 If you are not a business, for a period of 7 days from the date of delivery (warranty period), any products which are goods shall:
10.1.1 conform with their description and any relevant specification; and
10.1.2 be free from material defects in design, material and workmanship.
10.2 Subject to clause
10.3, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full, if:
10.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 9.1;
10.2.2 we are given a reasonable opportunity of examining such product;and
10.2.3 you return such product to us at our cost.
10.3 We will not be liable for a product's failure to comply with the warranty in clause 9.1 if:
10.3.1 you make any further use of the product after giving a notice in accordance with clause 9.2.1;
10.3.2 the defect arises because you failed to follow our/the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
10.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you
10.3.4 you alter or repair the product without our written consent;or
10.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
10.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause
10.1. 9.5 These terms shall apply to any repaired or replacement products supplied by us under clause9.1.2.
11. How to cancel your order with us (including if you are a consumer who has changed their mind)
11.1 To cancel your order, please let us know by email email@example.com or by calling one of our branches on: • Wellingborough – 01933 224100. • Northampton – 01604 212118. 10.2 If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to our Wellingborough or Northampton branch or allow us to collect them from you. To arrange collection, please use the contact details above.
11.3 If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11.4 We will pay the costs of return:
11.4.1 if the products are faulty or misdescribed; or
11.4.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
11.5 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs by the method you used for payment.
11.6 We will make any refunds due to you within 14 days after receiving and inspecting the returned products.
11.7 If you have any questions or complaints about the product, please contact our customer services team on the contact details listed in clause 10.1.
12. Our rights to cancel your order
12.1 We may cancel your order at any time by emailing or calling you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
12.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
12.2 If we cancel your order, we will refund any money you have paid in advance for products we have not provided but we are entitled deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the terms of your order.
12 Our responsibility for loss or damage suffered by you if you are a consumer
12.1 If you are a consumer and we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.3 If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13. Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these terms shall limit or exclude our liability for:
13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
13.1.4 defective products under the Consumer Protection Act 1987; or
13.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 9.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
13.3 Subject to clause 13.1:
13.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
13.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total price of the products you have ordered.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 If we do immediately enforce our rights under these terms, we are still entitled to enforce those rights at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.6 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.