Branch: Ilkeston Ply & DIY, Ilkeston
0 £0.00
items in your cartto quote To cart
Ooops no items were found.
Try something else.
Ok
Loading…
0

ILKESTON PLY & DIY LTD

TERMS AND CONDITIONS OF ONLINE SUPPLY OF GOODS

Definitions:

‘We’, ‘Our’ or ‘Us’ refers to Ilkeston Ply & DIY Ltd and those acting on behalf of Ilkeston Ply & DIY.

‘You’ or ‘Your’ refers to the individual or business seeking to purchase goods or services from Ilkeston Ply & DIY Ltd.

Business customer or consumers:

In some areas you will have different 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).

     You will be a business customer in all other cases.

Consumers: the terms outlined below do not affect your statutory rights as a consumer.

Our information:

We are Ilkeston Ply & DIY Ltd, a company registered in England and Wales.

Company no. – 8132177

Our trading address is: Unit 4, Canalside, Awsworth Road, Ilkeston, DE7 8JF.

Contact information:

Our terms and conditions of sale:

  1. Price
  1. The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
  2. Our quotations lapse after 14 days (unless otherwise agreed).
  3. The price quoted excludes delivery (unless otherwise stated).
  4. Unless otherwise stated, the price is an illustrative estimate only and the price charged will be our current price at the time of issuing an invoice.
  5. Rates of tax and duties on the goods will be those applying at the time of delivery.
  6. We reserve the right to adjust prices, offers, goods and specifications of goods on our website at our discretion at any time before (but not after) we accept your order.
  7. Prices that are reduced for sales and promotions are only valid for the specified period.
  8. We endeavour to show accurate and up-to-date pricing on our website, however in the event of an error occurring we will contact you directly to confirm if you wish to continue at the correct price or to notify you that your order has been cancelled. We are not obliged to supply goods at the incorrect price.
  1. Delivery
  1. All orders specified for delivery will be subject to a delivery charge, to be advised at the point of sale or checkout.
  2. Any delivery times quoted are estimates only. We will endeavour to notify you of any major delays however this may not always be possible.
  3. lf we fail to deliver within a reasonable time, you may request to cancel the contract (in writing), however:
    1. requests must be received before the goods have been despatched; and
    2. if you cancel the contract; you can have no further claims against us under that contract.
  4. lf you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for any delay (including indirect or consequential loss, or increase in the price of goods).
  5. We may deliver the goods in instalments. Each instalment is treated as a separate contract.
  6. lf you unreasonably refuse delivery we may charge you for the cost of the delivery and treat your refusal as cancelling the contract and clauses 2.c.ii and 11.a shall apply.
  7. lf you are to collect the goods from us (or if we cannot deliver for the reasons in clause 2.h) then we shall hold the goods for you for fourteen days without charge. After fourteen days we shall charge you a reasonable sum for the cost of such storage. If the goods remain uncollected by you after thirty days from the original date of delivery and any other reasonable charges we may have incurred in the storage and disposal of goods.
  8. We may decline to deliver if:
    1. We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
    2. The premises (or the access to them) are unsuitable for our vehicle.
  9. All goods should be inspected by you upon delivery. lf any goods supplied are damaged or missing, this should be raised immediately with us in person, or (where this is not possible) in writing within 24hours of goods being received. You must give us (and any carrier) a fair chance to inspect the damaged goods.
  10. If you make a claim under 2.i above in respect of plywood or particle board you must produce any marked battens that may have been supplied with those goods for our inspection.
  11. Once delivery has been made, all liability for goods, their storage and condition transfers to you.
  1. Payment Terms

 

  1. Payment is required prior to delivery, unless you have an approved credit account.

 

  1. Approved payment methods are shown at checkout otherwise payment can be made by cash or card in store, or via BACS with our prior agreement.

 

  1. lf you have an approved business credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.

 

  1. lf you fail to pay us in full on the due date:
    1. we may suspend or cancel future delivers;
    2. we may cancel any discount offered to you;

 

  1. you must pay us interest at the rate equivalent to that set of the purposes of S6 of the Late Payment of Commercial Debts (interest) Act 1998;
  2. calculated (on a daily basis) from the date of our invoice until payment;
  3. compounded on the first day of each calendar month; and
  • before and after any judgement (unless the court orders otherwise).
  1. If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.

 

  1. You do not have the right to set off any money you may claim from us against anything you may owe us.

 

  1. While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).

 

  1. You are to fully and promptly indemnify us  and hold us indemnified from and against all losses, expenses and liabilities we may incur (directly or indirectly and including finance costs, legal costs on a full indemnity basis and the costs of instructing a debt collection agency to recover a debt due to us if any) following any breach by you of any of your obligations under these terms and/or the contract between us. 

 

  1. In the instance that payment is not made as required in the terms outlined within this document, we may appoint a third party to recover monies owed. In this instance, you will be liable for any costs incurred to us (legal or otherwise).

 

  1. Title
    1. Until you pay all debts you may owe us:
      1. all good supplied by us remain our property;
      2. you must store them so that they are clearly identifiable as our property;
  • you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
  1. you may use those goods and sell them in the ordinary course of your business but not if:
  2. we revoke that right (by informing you in writing); or
  3. you become insolvent
  4. You must inform us (in writing) immediately if you become insolvent.

 

  1. If your right to use and sell the goods ends you must allow us to remove the goods.

 

  1. We have your permission to enter any premises where they goods may be stored;
  2. at any time to inspect them; and
  3. after your right to use and sell them has ended, to remove them, using force if necessary.
  4. Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
  5. You are not our agent. You have no authority to make any contact on our behalf or in our name.
  1. Warranties
  1. We warrant that the goods:
    1. comply with their description on our website and order acknowledgments supplied; and
    2. Are free from material defect at the time of delivery (as long as you comply with clause 2.i)
  2. We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as the quality of the goods or their fitness for any purpose.
  3. If you believe that we have delivered goods which are defective in material or workmanship you must:
    1. inform us (in writing), with full details and photographic evidence as soon as possible; and
    2. allow us to investigate (we may need access to your premises and product samples).
  4. lf the goods are found to be defective in material or workmanship (following our investigations, and you have complied with clause 5.c) in full, we will (at our discretion) replace the goods or refund the price.

 

  1. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, including where there is a claim of negligence on our part.

 

  1. Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to cost of the goods supplied.

 

  1. For all other liabilities not referred to elsewhere in the terms of liability is limited in damages to the price of goods.

 

  1. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

 

  1. Specification
    1. lf we prepare the goods in accordance with your specifications or instructions you must ensure that
      1. the specifications or instructions are accurate;
      2. that goods prepared in accordance with those specifications or instructions will be fit for the purpose for you intend to use them;
  • your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation; and
  1. you are responsible for rechecking your specifications or instructions to verify they meet your requirements.
  1. We may not be able to accept return of goods that have been prepared to specifications (at our discretion). Where this is the case, you may be liable for the cost of replacement where the fault lies with you (i.e. specification error).
  1. Return of goods
  1. We will accept the return of goods from you only:
    1. by prior arrangement (confirmed in writing);
    2. on payment of an agreed handling charge (unless the goods were defective when delivered); and
  • where goods are as fit for sales on their return as they were in delivery.
  1. Cancellation
    1. If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
    2. We may suspend or cancel the order, by written notice if:
      1. you fail to pay us any money when due (under the order or otherwise).
      2. You become insolvent
  • You fail to honour your obligations under these terms
  1. You may not cancel the order unless we agree in writing (clause 2.b.ii and 8.a then apply).

 

  1. Waiver and variations
    1. Any waiver or variation of these terms is not binding unless:
      1. made (or recorded) in writing;
      2. signed on behalf of each party; and
  • expressly stating an intention to vary these terms
  1. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

 

  1. Force majeure
    1. In the event that we are unable to perform our obligations to you (or able to perform them only at unreasonable cost), because of circumstances beyond our control. We may then cancel or suspend any obligations to you, without liability.
    2. Examples of those circumstances include act of God, accident, explosion, fire, transport, delays, strikes and other industrial disputes and difficulty in obtaining supplies.
  1. General
  1. English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
  2. If you are more than one person, each of you liable for all of your obligations under these terms (joint and several).
  3. If any of these terms are unenforceable as drafted:
    1. It will not affect the enforceability of any other of these terms; and
    2. If it would be enforceable if amended, it will be treated as so amended.
  4. We may treat you as insolvent if:
    1. you are unable to pay your debts as they fall due or
    2. you (or any item of your property) become the subject of:
      1. any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
      2. any application or proposal for any formal insolvency procedure; or
  • any application procedure or proposal overseas with similar effect or purpose.
  1. All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you, and you should not rely on them when entering into any contract with us.

 

  1. Any notice by either us or you which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post) the other's registered office or principal place of business. All such notices must be signed.

 

  1. No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.

 

  1. The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:

 

  1. Contained in our estimate (or any covering letter) and not withdrawn before the contracts is made; or

 

  1. Which expressly state that you may rely on them when entering into the contract.

 

  1. Nothing in clause 14.h is to affect or limit our liability for fraudulent misrepresentation.

 

  1. We may transfer personal information about you to those we are required to appoint to administer your account or recover amounts owing. That may include, for example, passing information about you to our insurers, debt recovery agents and solicitors, if you fail to pay us.

 

  1. Promotions

 

  1. We reserve the right to withdraw or change any advertised promotions at any time, without notice.
  2. Where a discount or promo code is required, you must enter it in the appropriate box at checkout. Promotions cannot be used in conjunction with any other offer (unless stated otherwise).
  3. Where a promotion requires a minimum spend, the threshold will not include any delivery costs or post sale charges.
  4. Promotions cannot be applied retrospectively.
  5. Promotion terms are non-negotiable and no cash or credit alternatives will be available.
  6. Returns may be accepted on promotional items, however:
    1. goods are only refundable at actual sale price, where a valid receipt or invoice is shown.
    2. You will be liable for any costs incurred in returning the goods
  • Where all terms in clause 7 have been met
SEARCH ×