Terms and Conditions

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Definitions 

Buyer means the individual or organisation that buys or agrees to buy the goods form the seller.  Consumer shall have the meaning as described in section 12 of the unfair contract terms act 1977  Contract means the contract between the seller and the buyer for the sale and purchase of goods incorporating these Terms and Conditions.  Goods means the articles that the buyer agrees to buy from the seller.  Seller means D&S BROWN LTD T/A  Building Supplies Direct , Sandside Garage, Sandside, Cockerham, LA2 0EL. Buyer means You the customer who has entered into the contract.  Terms and conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the seller.

Conditions 

These Terms and Conditions shall apply to all contracts for sale of goods by the Seller to the Buyer and should prevail over any other documentation or communication from the Buyer.  Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.  Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Sellers Address at :- Building Supplies Direct , Green Gable, Whams Lane, Bay Horse, LA2 9BY.

Ordering 

All orders for Goods should be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.  Where the Goods ordered by the Buyer are not available from the Sellers stockist the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 30 days.

Price and payment 

The price of the Goods shall be that which is stipulated on the website unless otherwise agreed by the Seller with the Buyer in writing. The prices shown on the websites are exclusive of VAT. The prices exclude delivery charges where applicable unless stated by the Seller on Quoting for Goods.  The Total purchase price including VAT will be quoted to the Buyer by the Seller before payment is accepted.  After the Payment is received the seller shall confirm where possible by email the details, description and price for the Goods together with information about the right to cancel. Payment of the price of Goods plus VAT and delivery charges where applicable must be made in full before despatch of goods.

Delivery 

Goods supplied within the UK will normally be delivered within 2-3 working days of acceptance of order.  Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.  The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.  Delivery of the Goods shall be made to the Buyers address specified in the order agreement and the Buyer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

Rights of the seller 

The Seller reserves the right to periodically update the prices on the website's, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.  The Seller reserves the right to withdraw any goods from the website's at any time. The Seller shall not be liable to anyone for withdrawing any goods from the website's or for refusing to process an order.

Warranty

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.  All other warranties, conditions, or terms relating to fitness for the purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.

Cancellation & Return 

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.  Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.  You have the right, in addition to your other rights to cancel the Contract and receive a refund by informing the Seller verbally and by e-mail or fax confirmation as long as this is done at least 24hrs prior to delivery being made, unless the goods have been specially ordered in for the buyer in which case a restocking charge may apply.  In the event of Goods being delivered after the event of cancellation the Seller will be responsible for recovering the Goods from the Buyer and the Seller will inform the Buyer within 10 days when the Seller will collect the Goods.  Goods to be returned must be accompanied by the original delivery paperwork.  Where the Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.  Goods must be returned in the new condition and in no way be damaged or faulty, unless this can be proven that this was the condition that the Goods were delivered in.  Where Goods are delivered and the Buyer decides they are not what is required or excess the Buyer shall inform the Seller within 7 days in writing that they are no longer required upon the Seller will inform the Buyer of the costs implicated in returning the Goods.

Limitation of liability 

Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Waiver 

No waiver by the seller(whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.  

Force Majeure 

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, then the Seller shall be entitled to a reasonable extension of its obligations.  

Severance 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable revision eliminated.  

Changes to terms and conditions 

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.  

Governing law and jurisdiction 

These Terms and Conditions shall be governed by and construed in accordance with the law of England or Scotland and the parties hereby submit to the exclusive jurisdiction of both the English and Scottish courts.