TERMS AND CONDITIONS FOR THE SALE OF GOODS ONLINE
This website: Builders Station Ltd (the “Website”) is operated by or on behalf of The Builders Station Ltd incorporated in Scotland under the Companies Act (Company Number: SC711516) and having its registered office at 54 Helen Street Glasgow, United Kingdom, G51 3HQ (“we”, “us”, “our”). Our VAT number is 392878339.
These Terms (as hereinafter defined) will apply to any Contract (as hereinafter defined) between us and the Business Customer or the Consumer Customer (as hereinafter defined) (“you”) for the sale of Goods (as hereinafter defined) online. These Terms may be amended from time to time as set out in clause 17.4. Every time you wish to order Goods, please check these Terms to ensure you understand the Terms which will apply at that time.
Please note that before placing an Order (as hereinafter defined) you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms and any Contract between us and you are only in the English language.
PLEASE READ THESE TERMS CAREFULLY. CONSUMER CUSTOMERS SHOULD PAY PARTICULAR ATTENTION TO CLAUSE 6 ON YOUR RIGHTS TO CANCEL THE CONTRACT AND CLAUSE 11 FOR INFORMATION ON THE LIMITS TO OUR LIABILITY.
1. INTERPRETATION
1.1 Definitions
In these Terms, when the following words with capital letters are used, this is what they will mean:
Business Day means a day (other than a Saturday, Sunday or a public holiday) when banks in Scotland are open for business;
Contract means the contract for the purchase and sale of Goods through our Website which is formed in accordance with clause 2 below;
Business Customer means an entity or organisation in the United Kingdom who purchases online Goods from us for commercial or business purposes;
Consumer Customer means an individual in the United Kingdom who purchases online Goods from us for domestic or private purposes;
Delivery Location means the delivery address in the United Kingdom as set out on the online Order form;
Event Outside Our Control means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Goods means the products which are made for sale through our Website;
Order means an order for Goods submitted through the Website using the online ordering system; and
Terms means these terms and conditions of sale as amended from time to time in accordance with clause 17.4.
1.2 In these Terms, a reference to writing or written includes emails.
2. BASIS OF THE CONTRACT
2.1 Please follow the onscreen prompts to place an Order. Each Order is an offer by you to buy the Goods specified in the Order to be delivered to a Delivery Location subject to these Terms. Our Order process allows you to check and amend any errors before submitting the Order. You can place an Order by creating an account with us or by checking out as a guest. In any event, you will be asked to provide us with your contact details (including but not limited to, full name, email address, company name (if applicable), telephone number, billing address (including postcode) and delivery address (including postcode)). You are advised to take time to read and check the Order, including the details in the Order form, at each page of the order process.
2.2 When an Order is placed, you are obliged to pay for the Goods ordered. However, please note that this does not mean that the Order has been accepted. Acceptance of an Order will take place as described in clause 2.3.
2.3 We will confirm acceptance to you by sending an email acknowledging receipt of the Order and confirming that the Goods have been (or will be, subject to the availability of the Goods and the third-party delivery company) dispatched (“Order Confirmation”). The Contract between us and you will only be formed when the Order Confirmation is sent and received by you.
2.4 If we are unable to supply the Goods because the Goods are not in stock or no longer available, we will inform you of this by email and we will not process the Order. We will refund you the full amount including any delivery costs charged as soon as possible.
3. GOODS
3.1 Whilst we display images of the Goods on the Website, these images are for illustrative purposes only. Although we have made every effort to display the Goods accurately, we cannot guarantee that your computer's display of the Goods accurately reflect the Goods. Goods may vary slightly from those images and you should also note that the images of the Goods on the Website may not be representative of their actual size.
3.2 For the purpose of the Contract, the order number, order date, delivery address, the Goods, product code, price, quantity, description and specification will be set out in the Order Confirmation.
3.3 The packaging and/or labelling of the Goods may vary from that shown on images on the Website.
3.4 We reserve the right to alter the Goods or any relative specifications (whether such specifications have been submitted in the Order or otherwise) at any time, if we are required to do so by law. In such circumstances, we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish for us to proceed.
4. ORDERING ONLINE FOR CONSUMER CUSTOMERS
This clause 4 only applies to Consumer Customers.
4.1 A Consumer Customer must be at least 18 years old to purchase the Goods from our Website.
4.2 You should note that by clicking on the button marked 'Place your order' or similar this will result in an Order being confirmed and you will be under an obligation to pay for the Goods at the time the Order is placed.
If you are a Consumer Customer, please proceed to clause 6.
5. ORDERING ONLINE FOR BUSINESS CUSTOMERS
This clause 5 only applies to Business Customers.
5.1 You hereby confirm that you have authority to bind any business on whose behalf you use the Website to purchase Goods.
6. CONSUMER RIGHT OF CANCELLATION OR RETURN OF GOODS
This clause 6 only applies to Consumer Customers.
6.1 If you are a Consumer Customer, subject to clause 6.2 below, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out in clause 6.3 without giving any reason. You may during the relevant period change your mind or decide for any other reason not to receive or keep the Goods, in these circumstances you can notify us of the decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from Citizens Advice or Citizens Advice Scotland.
6.2 However, this cancellation right does not apply in the case of:
6.2.1 Goods that are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
6.2.2 any Goods which become mixed inseparably with other items after their delivery. .
6.3 Unless clause 6.2 applies, your right to cancel a Contract starts from 14 days after the day you receive the Goods (either by way of delivery or collection of the Goods by you). If the Goods are split into several deliveries over different dates, you will have until 14 days after you receive the last delivery to cancel the Contract.
6.4 To cancel the Contract, you must email us at Info@buildersstation.co.uk or contact us by telephone on 01729 824 771 If you are emailing us, please include details of your Order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time if we receive an email before midnight on the last day of cancellation. In the event of cancellation of a Contract, we will:
6.4.1 refund the price paid for the Goods. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by the mis-handling of the Goods in a way which would not be permitted in store.
6.5 If Goods are returned under this clause 6 because they are defective or mis-described, you must send us a picture of the defective material and we must agree that the Goods are defective or mis-described before a return is accepted. If agreed, we will refund you the price of the Goods including the cost incurred by you to return the Goods (provided that such costs are reasonable in accordance with clause 6.4.2). We will refund you in full using the credit card or debit card used by you to pay for the Goods.
6.6 Goods may be returned direct to Unit 14, Sowarth Industrial Estate, Settle, BD24 9AF
6.7 We recommend that returns are sent by Royal Mail Special Delivery to ensure proof of delivery and insurance for the Goods whilst they are in transit unless we agree an alternative with you. We cannot be responsible for any Goods which are lost in transit. If you want to discuss an alternative arrangement for local returns please contact us by email at Info@buildersstation.co.uk or by telephone on 01729 824 771.
6.8 Where Goods are delivered to you before cancellation of the Contract:
6.8.1 you must return them to us without undue delay and in any event not later than 14 days after the day on which you advised us about cancellation of the Contract. The deadline is met if you return the Goods before the expiry of the 14 day period.; and
6.8.2 unless the Goods are faulty or not as described (in this case, see clause 6.5), you will be responsible for the cost of returning the Goods to us. If we have offered to collect the Goods, we will charge you the direct cost of the collection.
6.9 If you are a Consumer Customer, we are under a legal duty to supply Goods that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these terms will affect your legal rights.
| Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please contact Citizens Advice or Citizens Advice Scotland. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: - up to 30 days: if your products are faulty, then you can get an immediate refund.
- up to six months: if your products cannot be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
See also clause 6.1. |
7. RETURNS IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies to Business Customers.
7.1 Goods can only be returned if they are defective or mis-described (see clause 7.3) with the exception of clothing items which can be returned provided that the clothing items are returned to us in their original condition and packaging within 14 days of the date of delivery to you.
7.2 Prior to returning the Goods, you should contact us on Info@buildersstation.co.uk or on 01729 824 771. Goods may be returned direct to Unit 14, Sowarth Industrial Estate, Settle, BD24 9AF.
7.3 If Goods are returned under this clause 7 because they are defective or mis-described, you must send us a picture of the defective material and we must agree that the Goods are defective or mis-described. If agreed, we will refund you the price of the Goods including the cost incurred by you to return the Goods (provided that such costs are reasonable). We will refund you in full using the credit card or debit card used by you to pay for the Goods.
7.4 We recommend that returns are sent by Royal Mail Special Delivery to ensure proof of delivery and insurance for the Goods whilst they are in transit unless we agree an alternative with you We cannot be responsible for any Goods which are lost in transit. If you want to discuss an alternative arrangement for local returns please contact us by email at Info@buildersstation.co.uk or by telephone on 01729 824 771.
8. DELIVERY OR COLLECTION OF GOODS
8.1 We will deliver the Goods as soon as reasonably practicable subject to the availability of the third-party delivery company and the availability of the Goods. We reserve the right to deliver an Order in instalments by separate delivery shipments. Occasionally delivery to you may be affected by an Event Outside Our Control. Please see clause 13 for our responsibilities if this happens.
8.2 You may arrange to collect the Goods from our depot at: Unit 14, Sowarth Industrial Estate, Settle, BD24 9AF. There will be no charge for collection of the Goods.
8.3 Goods are available for collection during Monday to Thursday from 7:30am to 5:00pm and Friday from 7:30am to 4:00pm. If you do not collect your Order within 21 days your Order will be cancelled, and we will refund any sums paid by you for the Goods.
8.4 Ownership of the Goods transfers to you once we have received payment in full, including all applicable delivery charges. Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location or when collected by you or a carrier organised by you to collect them from us, and the Goods will be your responsibility from that time.
8.5 If no one is available at your address to take delivery, the third-party delivery company will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery. If you fail to arrange delivery within 14 days of receiving the note, we may resell part of, or all of the Goods. In this case, we will refund any sums paid by you for the Goods, subject to the deduction of any administrative and/or delivery costs incurred by us.
Clause 8.6 only applies to Consumer Customers.
8.6 If we have the Goods in stock and we do not deliver within 30 days of receiving the Order Confirmation then you may cancel the Order straight away or reject some or all of the Goods that have been delivered. If the Goods have been delivered to you late, you will have to return them to us or allow us to collect them and we will pay the costs of this. After cancellation of the Order, we will refund any sums paid by you for the cancelled Goods and delivery costs.
8.7 Unfortunately, we do not deliver to addresses outside of the UK. You may place an Order from outside the UK, but this Order must be for delivery to an address in the UK.
9. PRICE OF GOODS AND DELIVERY CHARGES
9.1 The price of Goods shall be the price as set out on the Website. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered into on the system. However, please see clause 9.7 for what happens if we discover an error in the price of the Goods you have ordered.
9.2 Prices for our Goods may change from time to time, but changes will not affect any Order you have already placed.
9.3 The price of the Goods does not include delivery charges. Our delivery charges are provided to you during the check-out process before you confirm your order and are based on your delivery address and the Goods being delivered.
9.4 The price of Goods excludes VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT to be paid by you, unless you have already paid for the Goods in full before the change in VAT takes effect.
9.5 You can only pay for Goods using a debit card or credit card. We use the following card systems to take payment: Stripe or Paypal or as otherwise notified to you.
9.6 You must make payment for the Goods and all applicable delivery charges in advance. As stated at clause 2.2 above, by placing an Order online you will be under an obligation to pay for the Goods at that time.
9.7 We sell a large number of Goods through our Website. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. If we mistakenly accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
10. MANUFACTURER GUARANTEES
10.1 The Goods sold by us will generally come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
10.2 Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
10.3 If you are a Consumer Customer, a manufacturer's guarantee is in addition to, and does not affect any legal rights in relation to Goods that are faulty or not as described. Advice about consumer legal rights is available from Citizens Advice or Citizens Advice Scotland.
11. LIMITATION of LIABILITY FOR CONSUMER CUSTOMERS: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
This clause 11 only applies to Consumer Customers.
11.1 If we fail to comply with these Terms, we will be responsible for loss or damage suffered by you that is a foreseeable result of breach of these Terms or its 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 breach by us or if it was contemplated by both parties at the time when the Contract was entered into.
11.2 We will only supply the Goods for domestic or private use. You agree not to use the Goods for any commercial, business or resale purposes, and we will have no liability to you for any loss, loss of profit, loss of business, business interruption, or loss of business opportunity resulting from such misuse.
11.3 We do not in any way exclude or limit liability for:
11.3.1 death or personal injury caused by its negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 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
11.3.5 defective products under the Consumer Protection Act 1987.
11.4 Subject to clause 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the total price paid by you for the Goods.
12. LIMITATION OF LIABILITY FOR BUSINESS CUSTOMERS: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
This clause 12 only applies to Business Customers.
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, delict (including negligence), misrepresentation, restitution or otherwise.
12.2 We only supply the Goods for internal use by the business and you agree not to use the Goods for any resale purposes.
12.3 Nothing in these Terms shall limit or exclude liability for:
12.3.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.3.4 defective products under the Consumer Protection Act 1987.
12.4 Subject to clause 12.3, we shall under no circumstances be liable to you for:
12.4.1 any loss of profits, sales, business, or revenue;
12.4.2 loss or corruption of data, information or software;
12.4.3 loss of business opportunity;
12.4.4 loss of anticipated savings;
12.4.5 loss of goodwill; or
12.4.6 any indirect or consequential loss.
12.5 Subject to clause 12.3, our total liability in respect of all losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price paid by you for the Goods.
12.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for the purposes in which they were purchased.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside Our Control.
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.2.1 we will, as soon as reasonably possible, notify you;
13.2.2 our obligations under the Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery of the Goods, we will arrange a new delivery date with our third-party delivery company after the Event Outside Our Control is over and we will notify you of the estimated delivery date.
13.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel you should contact us directly. In the event that you opt to cancel, you will have to return (at our cost) any of the Goods already received and we will refund the price paid by you, including any delivery charges.
14. COMMUNICATIONS BETWEEN YOU AND US
14.1 You may contact us by e-mail at Info@buildersstation.co.uk or by telephone on 01729 824 771.
14.2 Any notice or other communication given by either party, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
14.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
14.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. PERSONAL INFORMATION
15.1 We will only use personal information in accordance with our Privacy Policy which can be found at here. It is recommended that you take the take the time to read the Privacy Policy as it includes important terms which apply.
16. TERMINATION
Clause 16.1 only applies to Business Customers
16.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
16.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
16.1.2 you fail to pay any amount due under the Contract on the due date for payment;
16.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
16.1.4 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
Clauses 16.2-16.7 inclusive only apply to Consumer Customers.
16.2 You may contact us at any time to end the Contract, but in some circumstances we may charge you certain sums for doing so, as described below.
16.3 If you are ending the Contract for a reason set out at clauses 16.3.1-16.3.3 inclusive, the Contract will end immediately, and we will refund you in full for any Goods which have not been provided or have not been properly provided. The relevant reasons are:
16.3.1. we have told you about an error in the price or description of the Goods and you do not wish to proceed;
16.3.2 you have a legal right to end the Contract because of something we have done wrong; or
16.3.3 you are exercising the rights afforded to you by the Consumer Contracts Regulations 2013 under which you have a right to change your mind within 14 days of the Commencement Date and receive a refund (as detailed in clause 6).
16.4 If you are ending the Contract for the reasons set out in clause 16.3, the Contract will end immediately but we may charge you for reasonable compensation for the costs we will incur as a result of you ending the Contract.
16.5 If you are a Consumer Customer, we can end our Contract with you for the Goods and claim any compensation due to us (including enforcement costs) if:
16.5.1. you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Goods.
16.5.1 you do not, within a reasonable time, either allow us to deliver the Goods to you or collect them from us. If you have said you will collect the Goods but you do not do this within 21 days then we treat your Order as cancelled and refund the purchase price.
16.6 If we end the Contract in the situations set out in clause 16.5, we will refund any sums you have paid in advance for the Goods we have not provided, but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breach of the Contract.
16.7 We will let you know at least 30 days in advance of us ending the Contract and will refund any sums you have paid in advance for the Goods which have not been provided.
16.8 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
16.9 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under this Contract to another organisation, but this will not affect your rights or obligations under the Contract. We will always notify you in the event of this happening by posting such information on our Website. You may transfer your rights or obligations under this Contract to another person if it is agreed by us writing.
17.2 Subject to clause 17.1, this Contract is between us and you. No other person shall have any rights to enforce any of its terms.
17.3 We will do our best to resolve any problems you have with us or our Goods. Please contact us on mail: Info@buildersstation.co.uk if you have any questions regarding our Goods.
17.4 We may amend these Terms from time to time and 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. The Terms in force at the time when an Order is placed will apply to the Contract between both parties.
17.5 These Terms, any document expressly referred to in them and the online Order form constitute the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between both parties, whether written or oral, relating to its subject matter.
17.6 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.7 If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
17.8 The Website is intended exclusively for residents of the United Kingdom. We make no representations that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
17.9 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland. Both parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
