1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business customer or consumer. You are a consumer if:
You are an individual, and
You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. 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 these terms.
2. Information about us and how to contact us
2.1 Who we are. We are Builders Merchant Direct Limited, a company registered in England and Wales. Our company registration number is 12699571 and our registered office is at Builders Merchant Direct Limited, 2 Rutland Park, Broomhall, Sheffield, S10 2PD. Our registered VAT number is 356 0507 10.
2.2 How to contact us. You can contact us by visiting the ‘Contact Us’ page of our website.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please note that we will issue an automatic order acknowledgment upon receiving your order; this acknowledgement merely confirms that we have received your order and that we are reviewing it, it does not mean that we have accepted your order. If we can meet your order, we will issue an order confirmation (after the order acknowledgement) to confirm this.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods (or will refund you if you have already paid for them). This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a proposed delivery deadline.
3.3 Your order number. We will assign an order number to your order when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion and sale of our goods in the UK. Please contact us if you wish to place an order from outside of the UK.
4. Our goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made reasonable efforts to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 10% tolerance.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the goods to measurements you have given us you are responsible for ensuring that these measurements are correct.
5. Your rights to make changes
If you wish to make a change to the goods 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 goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the goods. We may change the goods:
6.1.1 to reflect changes in applicable laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
6.2 In addition, we may make other changes to these terms or the goods (for example by changing the brand of the goods that you have ordered because we believe another brand would better suit your needs), but if we do so and the change is material to the contract, 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 goods paid for but not received.
7. Providing the goods
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. We will notify you of an estimated delivery date when we notify you that your order has been accepted. Please note that this date is not binding and we may deliver the goods before or after that date, although we will use reasonable efforts to deliver the goods on or before that date. We will contact you to arrange delivery.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for delays caused by the event, but if we have notified you that there is a risk of substantial delay, you may be entitled to end the contract and receive a refund for any goods you have paid for but not received.
7.4 How we deliver the goods. We will deliver the goods kerbside to the delivery location specified by you. This means that we will offload the goods from the delivery vehicle onto the kerb or similar unloading area close to the delivery location. You are responsible for transporting the goods from the unloading area onto your property, though we may offer to assist you with this.
7.5 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at the time specified by us. Please let us know if you wish to collect the goods.
7.6 If you fail to take delivery of the goods, including if you are not at home when the goods are delivered. If no one is available at your address to take delivery, or you fail to take delivery of the goods for any other reason, we will inform you of how to rearrange delivery. We may charge you for any costs we incur as a result of the failed delivery (including any courier charges), storage costs (including insurance), reasonable administration costs and any further delivery costs. These costs may be charged more than once in the event of multiple failed deliveries. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 11.4 will apply.
7.7 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you (or a carrier organised by you) collect them from us.
7.8 When you own goods. If you are a consumer, you own the goods from the time we deliver the goods to the address you gave us or you (or a carrier organised by you) collect them from us. If you are a business customer, you own the goods from the later of (i) the time we deliver the goods to the address you gave us or you (or a carrier organised by you) collect them from us, or (ii) from when we receive payment in full for all goods that we have supplied or agreed to supply to you, in which case title to the goods shall pass at the time of payment of all such sums.
7.9 Retention of title if you are a business customer. If you are a business customer, until title to the goods has passed to you, you shall:
7.9.1 store the goods separately from all other goods held by you so that they remain readily identifiable as our property;
7.9.2 not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
7.9.3 maintain the goods in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
7.9.4 notify us immediately if you becomes subject to any of the events listed in clause 11.3; and
7.9.5 give us such information relating to the goods as we may require from time to time and allow us to inspect the goods at any time.
7.10 If you are a business customer you may resell or use the goods in the ordinary course of your business (but not otherwise). However, if you resell the goods before title to the goods passes to you, you do so as principal and not as our agent, and title to the goods shall pass to you immediately before the time at which the resale occurs. If you are a business customer and before title to the goods passes to you, you become subject to any of the events listed in clause 11.3, then, without limiting any other right or remedy we may have, we may at any time by written notice to you terminate your right to resell the goods and require you to deliver up all goods in your possession that have not been resold, or irrevocably incorporated into another product, and if you fail to do so promptly, enter any premises where the goods are stored in order to recover them.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, adequate dimensions and delivery instructions. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.4 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of goods to you. We may have to suspend the delivery of the goods to:
7.12.1 deal with technical problems or make minor technical changes;
7.12.2 update the goods to reflect changes in relevant laws and regulatory requirements;
7.12.3 make changes to the goods as requested by you or notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply of goods. If we have to suspend delivery of the goods for a significant period for one of the reasons stated above, we may offer to adjust the price, or you may be permitted to end the contract. If you end the contract in these circumstances we will refund any advance sums paid.
7.14 We may also suspend supply of the goods if you do not pay. If you do not pay us for any goods when you are supposed to we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 8.6). If you are a business customer, we may also suspend delivery of the goods if you become subject to any of the events listed in clause 11.3 (or if we reasonably believe that you are about to become subject to any of those events).
8. Price and payment
8.1 Where to find the price for the goods. The price of the goods (including VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However, please see clause 8.3 for what happens if we discover an error in the price of the goods you order.
8.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
8.3 What happens if we got the price wrong. It is always possible that, despite our care, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
8.4 When you must pay and how you must pay. Payment options will be displayed when you submit your order. Payment is required at the time of placing the order.
8.5 No right of set-off if you are a business customer. If you are a business customer 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).
8.6 We can charge interest if you pay late. If 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 the Bank of England 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.
9. Your rights to end the contract
9.1 Ending the contract and cancelling your order. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the goods, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business customer;
9.1.2 If you want to cancel the order because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you are a consumer and have just changed your mind about the goods, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), you will not be entitled to return the goods or cancel the order unless we have expressly agreed to this in writing.
9.2 Cancelling the order because of something we have done or are going to do. If you wish to cancel the order for a reason set out below the contract will end as soon as you notify us that you are cancelling the contract for the relevant reason, and we will refund you in full for any goods which have not been provided. The reasons are:
9.2.1 we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 6.2);
9.2.2 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
9.2.3 you are a consumer and we have advised you that the supply of the goods may be significantly delayed because of events outside our control; or
9.2.4 you are a consumer and we have suspended supply of the goods for a significant period as set out in clause 7.12.
9.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund.
9.4 When you as a consumer do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of:
9.4.1 goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
9.4.2 any goods which become mixed inseparably with other items after their delivery.
9.5 How long do consumers have to change their minds? You have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
10. How to end the contract with us WHERE YOU HAVE A RIGHT TO DO (including if you are a consumer who has changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us where you have a right to do so, please let us know by using one of the methods set out on the ‘Contact Us’ page of our website, or, if you are consumer, you can print off the form at the foot of these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Unless we request otherwise, you must post the goods back to us, or (if they are not suitable for posting) allow us to collect them from you. Please contact us to arrange collection, if applicable. If you are a consumer exercising your right to change your mind you must send the goods within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the goods are faulty or misdescribed; or
10.3.2 if you are ending the contract pursuant to clause 9.2.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.4 What we charge for collection. We will charge 30 % of the value of any order to be returned plus £150.00 carriage charge.
10.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
10.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your using or handling them in an inappropriate way. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of the goods but you opt for express delivery at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7 When your refund will be made. If you are a consumer exercising your right to change your mind then:
10.7.1 If you are returning the goods to us, your refund will be made within 14 days from the day on which we receive the goods back from you.
10.7.2 If we have offered to collect the goods, your refund will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1 We may end the contract prior to delivery of the goods. We may notify you prior to delivery of the goods that we are unable to meet your order. If we do this we will inform you that the order has been cancelled and will refund any payments made to us.
11.2 We may end the contract if you breach it. We may end the contract for the goods at any time by writing to you if:
11.2.1 you do not make any payment to us when it is due;
11.2.2 you breach any obligations under these terms and (if the breach is capable of remedy) fail to remedy that breach within 5 days after we request that you do so;
11.2.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, adequate dimensions and delivery instructions; or
11.2.4 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
11.3 Our rights to end the contract if you are a business customer. If you are a business customer, without affecting any other right or remedy available to us, we may terminate the contract with immediate effect by giving written notice to you if:
11.3.1 you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
11.3.2 you are the subject of a bankruptcy petition, or are unable to pay your debts as they fall due;
11.3.3 you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; or
11.3.4 your financial position deteriorates to such an extent that in our opinion your ability to adequately fulfil its obligations under the contract has been placed in jeopardy.
11.4 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 11.2 or 11.3 we may charge reasonable compensation for the costs we will incur as a result of your breaching the contract.
11.5 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
12. Your rights in respect of defective goods if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights relating to the goods.
12.2 Following delivery, you should check the goods at the earliest opportunity for any defects or discrepancies, and take prompt action as soon as you become aware of a problem.
12.3 If you discover that the goods are defective you are required to notify us of the defect within a reasonable period following the discovery.
12.4 If you wish to exercise your rights to reject faulty goods you must allow us to collect them from you (or in some circumstances we may ask you to post them back to us). You must notify us before returning any goods. We will pay the costs of postage or collection if we verify, following inspection, that the goods are defective. If we do not verify that the goods are defective you will be responsible for the cost of postage or collection. You may only reject goods where you have a legal right to do so. For detailed information on your rights please visit the Citizens Advice website www.adviceguide.org.uk.
13. Your rights in respect of defective goods if you are a business CUSTOMER
13.1 If you are a business customer we warrant that on delivery the goods shall:
13.1.1 conform in all material respects with their description and any relevant specification; and
13.1.2 be free from material defects in design, material and workmanship.
13.2 Subject to clause 13.3, if:
13.2.1 you give us notice in writing within 3 days of delivery, or for latent defects that are not apparent within such period, within 3 days of the date on which you became aware or ought reasonably to have become aware of the defect (and in any event within 1 month from the date of delivery), that the goods do not comply with the warranty set out in clause 13.1;
13.2.2 we are given a reasonable opportunity of examining such goods either at the site at which the goods are situated or following the return of the goods to us; and
13.2.3 you allow us to collect the goods from you, or if requested by us you return such goods to us, in each case at your cost, If we verify that the goods do not comply with the warranty above we may agree to reimburse you for such costs.
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
13.3 We will not be liable for the goods’ failure to comply with the warranty in clause 13.1 if:
13.3.1 you make any further use of such goods after giving a notice in accordance with clause 13.2.1;
13.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
13.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
13.3.4 you alter or repair the goods without our written consent; or
13.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of the goods’ failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement goods supplied by us under this clause.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are not responsible to you for unforeseeable loss. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract, 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.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
14.3 We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15. Our responsibility for loss or damage suffered by you if you are a business CUSTOMER
15.1 Nothing in these terms shall limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.1.2 fraud or fraudulent misrepresentation; or
15.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3 Subject to clause 15.1:
15.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following losses arising under or in connection with any contract between us:
22.214.171.124 loss of profit
126.96.36.199 loss of sales or business;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of use or corruption of software, data or information;
220.127.116.11 damage to goodwill;
18.104.22.168 indirect or consequential loss; and
22.214.171.124 losses incurred by you arising out of or in connection with any third party claim against you, including by any of your customers. For these purposes, third party claims shall include demands, fines, penalties, damages (liquidated or otherwise), actions, investigations or proceedings,
15.3.2 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 sum paid by you for goods under such contract.
16. How we may use your personal information
17. Other important terms
17.1 We may transfer our rights to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
17.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform https://webgate.ec.europa.eu/odr.
17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. 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.
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To Builders Merchant Direct Limited, 2 Rutland Park, Broomhall, Sheffield, S10 2PD
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),