TERMS AND CONDITIONS RELATING TO THE SALE OF GOODS
1 About us
We are Walkers The Builders Merchant Limited, a company registered in England and Wales under company number: 01443891 (Company). Our registered office is at: Riverview House, Cray Avenue, Orpington, Kent BR5 3RU. Our VAT number is 335 6434 56.
2 These terms
2.1 These terms apply to any purchases you make on our website or by telephone and to the extent applicable in person at our premises, as appropriate.
2.2 For the purposes of these terms, you are a ‘consumer’ if you are buying products as an individual for purposes wholly or mainly outside of your trade, business or profession. You are a ‘business customer’ if you are buying products for purposes relating to your trade, business, or profession. Certain terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
2.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Walkers The Builders Merchant Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order.
2.4 You must be at least 18 years old and a resident of the UK to place an order. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
2.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3 Orders
3.1 Please check your order carefully and correct any errors before you submit it to us.
3.2 Acceptance of your order by us takes place when we confirm to you that we have accepted and generated your order, at which point a legally binding contract is formed between you and us on these terms.
3.3 If we do not accept your order, for any reason, we will contact you as soon as possible using the details you provided when you placed your order. We have the right to reject any order for any reason.
4 Availability
All orders are subject to availability. We cannot guarantee that any product will be available at any given time.
5 Product descriptions
Descriptions of our products are set out on our site. Pictures and images of the products or their packaging on our site are for illustration purposes only. Your products and their packaging may vary from any pictures or images.
6 Prices
6.1 Prices for our products are set out on our site. All prices are in pounds sterling (£)(GBP) and exclude VAT at the applicable rate and delivery charges. For information on delivery options and costs, go to www.walkersbm.co.uk/contact.
6.2 Prices for our products and delivery charges may change at any time. Except as set out in clause 6.3 below, such changes will not affect existing orders.
6.3 If there has been an error regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you.
7 Additional charges
7.1 Any returned products may be subject to a standard restocking charge of 30%. This fee will vary depending on the product. A discretionary administration fee which may also apply.
7.2 Some items may be subject to a delivery charge. Please refer to clause 10 below for further information.
7.3 We reserve the right to charge for collection of goods.
8 Payment
8.1 Unless you are an account holder, payment is required in full prior to delivery of the products.
8.2 For account holders, we invoice upon the dispatch of your products but payment falls due at the end of the month following the month in which goods were dispatched (ie, if goods were delivered on 15 April, payment would be due on 31 May).
8.3 If payment is not paid in full by the appropriate due date, to compensate us for any late payment, we shall be entitled to charge interest at the rate of 8% above the Bank of England base rate, plus compensation as per the Late Payment of Commercial Debts Act 1998 from the due date until the date of payment, both before and after any judgment. This shall accrue on a daily basis, until payment is made in full.
8.4 You agree to indemnify us for all costs and expenses which we may incur including, but not limited to, any legal costs in recovering any unpaid sum.
8.5 We reserve the right at any time in its absolute discretion to demand and receive immediate payment in respect of any order whether due or not.
9 Credit limits (Account Customers)
9.1 Accounts are offered to customers at our discretion, subject to satisfactory credit checks on completion of account opening procedures.
9.2 A customer’s credit limit will be set depending on a particular customer’s circumstances and is subject to be changed or withdrawn at our discretion. In normal circumstances, we will give you not less than seven days’ notice of such change. Credit may be withdrawn immediately if invoices are not paid when due.
9.3 A deposit may be required for some account holders and for certain products. This is subject to our discretion.
10 Delivery dates and costs
10.1 For information on delivery options and costs, go to www.walkersbm.co.uk/contact. You will be given available delivery options to choose from when you place your order. We deliver to the following postcodes BR1, BR2, BR3, BR4, BR5, BR6, BR7, BR8, CR0, CR2, CR6, DA1, DA2, DA3, DA4, DA5, DA6, DA7, DA8, DA13, DA14, DA15, DA16, DA17, SE6, SE9, SE12, SE13, SE18, TN13, TN14, TN15 and TN16. We will deliver to other areas (subject to agreement) and a delivery charge will apply.
10.2 Your order will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order.
10.3 Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates.
10.4 We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will contact you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
11 Delivery
11.1 We will deliver your order to the address specified by you when you placed your order.
11.2 A delivery fee may be payable depending on the product and quantity ordered, and the location to which delivery is required. Delivery fees are quoted on the basis that there is a suitable road to the delivery point and delivery is made kerbside.
11.3 For website sales there is a required minimum order value of £75 plus VAT, to enable us to deliver any products.
11.4 If a delivery attempt is unsuccessful or we are unable to follow your delivery instructions, we will seek to arrange a further delivery attempt (but reserve the right to make additional charges) or notify you, cancel your order and refund you the price of the products (but not any applicable delivery charge).
11.5 Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible (and no later than five working days after the delivery).
11.6 Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products passes to you once you have paid for them in full.
12 Consumer cancellation rights (Distance Contract)
This clause 12 only applies to you if you are a consumer and you purchase goods online or over the phone.
12.1 You have 14 days from the delivery date to change your mind and cancel your order. This does not apply to one off/special products, or any goods which have been made specifically to your requirements that we do not otherwise stock, or perishable items or items with a short shelf life or items which have a protective seal that have been opened.
12.2 To cancel your order, please call or email us at sales@walkersbm.co.uk. Cancellation of an order must be confirmed in writing by you within 14 days of delivery date. To help us process your cancellation quickly, please have your order number ready or include it in the email you send to us.
12.3 If you have already received your order, you must return the products to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send the products back to us before the 14 day period has expired. We may withhold the refund until we have received the products back from you or until you have provided us with evidence that you have sent the products back (whichever is earlier).
12.4 Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product. You are responsible for the products while they are in your possession.
12.5 Unless your products are faulty or misdescribed, you are responsible for the cost of returning the products to us.
12.6 We will provide you with a full refund (including basic delivery charges) as soon as possible. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than 14 days after the day we receive the products back from you.
13 Faulty products – consumers
This clause 13 only applies to you if you are a consumer.
13.1 The products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.
13.2 During the expected lifespan of your product, you are entitled to the following:
Up to 30 days: If your product is faulty, you can get an immediate refund.
Up to six months: If the product cannot be repaired or replaced, then you are entitled to a full refund in most cases.
Up to six years: If the product does not last a reasonable length of time, you may be entitled to some money back.
13.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 12 above. For more detailed information on your rights, you can visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
13.4 If your products are faulty or misdescribed, please contact us as soon as reasonably possible, and in any event within 24 hours of your receipt of the products, with a photograph of the product(s).
14 Faulty products – business customers
This clause 14 only applies to you if you are a business customer.
14.1 We warrant that the products will, for a period of 28 days from the date of delivery (as described in clause 11.6) (Warranty Period):
14.1.1 conform in all material respects to their product descriptions on the site;
14.1.2 be free from material defects in design, material and workmanship; and
14.1.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
14.2 As your sole and exclusive remedy, we will (at our discretion) repair, replace or refund any products that do not comply with clause 14.1, provided that:
14.2.1 you notify us by email to sales@walkersbm.co.uk within the Warranty Period (with sufficient details of the fault);
14.2.2 you give us a reasonable opportunity to examine the defective products; and
14.2.3 you return the defective products to us at your expense.
14.3 Except as set out in this clause 14, we give no warranties and make no representations in relation to the products, and all warranties and conditions (including the conditions implied by sections 13 – 15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
15 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
16 Our liability to consumers
This clause 16 only applies to you if you are a consumer.
16.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
16.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
16.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
17 Our liability to business customers
This clause 17 only applies to you if you are a business customer.
17.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the products.
17.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
17.2.1 consequential, indirect or special losses; or
17.2.2 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.
17.3 Nothing in these terms will limit or exclude our liability for:
17.3.1 death or personal injury caused by negligence;
17.3.2 fraud or fraudulent misrepresentation; or
17.3.3 any other losses which cannot be excluded or limited by law.
18 Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here [insert link], which explains what information we collect and hold about you, and how we collect, store, use and share such information.
19 No third party rights
No one other than us or you has any right to enforce any of these terms.
20 Governing law and jurisdiction
20.1 These terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
21 General terms
21.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
21.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
21.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
21.4 No variation to these terms will be binding unless expressly agreed in writing between you and us.