Standard Online Terms and Conditions of Sale of Balustrade Components UK Ltd

 

This page (together with the documents referred to on it) is the terms and conditions on which the Company will supply the Goods listed on the Company website www.balustradecomponents.co.uk (the "Website") to the Buyer. The Buyer should read these terms and conditions carefully before purchasing any Goods from the Website. By ordering any of the Goods the Buyer agrees to be bound by these terms and conditions.

 

THE BUYER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 10.3 AND 12.4

    • 1. INTERPRETATION
    • 1.1 In these Conditions the following words have the following meanings:
    • "the BUYER": the person(s), firm or company who purchases the Goods from the Company;
    • "the COMPANY": Balustrade Components UK Ltd a company registered in England with Company number 09581378 whose VAT number is GB 215 3826 15;
    • "COMPANY'S PREMISES": Unit 6 Brookfield Drive, off Walsall Road, Cannock, Staffordshire, England, WS11 0JN;
    • "CONTRACT": any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
    • "DELIVERY CHARGES": the reasonable costs of delivery incurred by the Company in delivering the Goods to the Buyer;
    • "GOODS": any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
    • "PRICE" : the price payable for the Goods in accordance with Condition 9.
    • 1.2 In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
    • 1.3 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
    • 1.4 In these Conditions headings will not affect the construction of these Conditions.
    • 2. BUYERS STATUS
    • By placing an order on the Website the Buyer is warranting that it is legally capable of entering into binding contracts.
    • 3. APPLICATION OF TERMS
    • 3.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions.
    • 3.2 The Buyers order constitutes an offer by the Buyer to purchase Goods subject to these conditions.
    • 3.3 After placing an order the Buyer shall receive an order confirmation (Order Confirmation) from the Company. No order placed by the Buyer shall be deemed to be accepted by the Company until the Company has issued such Order Confirmation. The Contract between the Company and the Buyer shall only be formed once the Company has issued the Order Confirmation.
    • 3.4 The Contract shall relate only to those Goods whose order has been confirmed in the Order Confirmation. The Company shall not be obliged to supply any other Goods which may have been part of the Buyer's order until the order of such Goods has been confirmed in a separate Order Confirmation.
    • 3.5 The Buyer must ensure that the terms of its order and the applicable specification are complete and accurate.
    • 3.6 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on condition that the Buyer shall indemnify the Company in full against all losses incurred up to the time of cancellation including the cost of all labour and materials used, supplier cancellation charges and any other reasonable expenses incurred by the Company as a result of such cancellation.
    • 4. DESCRIPTION
    • 4.1 The description of the Goods and any specification for them shall be as set out on the Website.
    • 4.2 All other descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
    • 5. DELIVERY
    • 5.1 The date specified by the Company for delivery of the Goods is intended to be an estimate and time for delivery shall not be made of the essence by notice.
    • 5.2 Subject to the other provisions of these Conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days.
    • 6. NON-DELIVERY
    • 6.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
    • 6.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless written notice is given to the Company within 7 days of the date when the Company says the Goods were despatched.
    • 6.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a refund at the pro rata Contract rate against any invoice raised for such Goods.
    • 6.4 The Company reserves the right to charge the Buyer for additional costs incurred (including without limitation for storage of the Goods) by the Company in the event that the Company is unable to make Delivery of the Goods to the Buyer.
    • 7. RISK/TITLE
    • 7.1 Risk and title to the goods shall pass to the Buyer from the time of delivery.
    • 8. PRICE
    • 8.1 Unless otherwise agreed by the Company in writing the price for the Goods shall be the Price set out on the Website from time to time, except in cases of obvious error.
    • 8.2 The Price for the Goods shall be exclusive of any value added tax (VAT).
    • 8.3 Prices are liable to change at any time but changes will not affect orders in respect of which the Buyer has received an Invoice.
    • 9. PAYMENT
    • 9.1 Payment for all Goods must be made by credit or debit card. The company shall take payment from the Buyer's credit or debit card at the time the Buyer's order is received. In the event that the Company is unable to supply the Goods a full refund will be issued within a reasonable time where payment, has already been taken.
    • 9.2 To ensure that the Buyer's credit or debit card is not being used without the Buyer's consent the Company will validate the transaction through SagePay or an appropriate third party payment service provider. By accepting these Conditions the Buyer consents to such checks being made.
    • 9.3 No payment shall be deemed to have been received until Balustrade Components UK Ltd has received cleared funds.
    • 9.4 Your credit card details are entered on a secure SagePay page and are transferred using SSL.
    • 10. QUALITY
    • 10.1 The Company warrants that (subject to the other provisions of these Conditions) upon delivery and for a period of 12 months from the date of delivery, the Goods will correspond with their specification.
    • 10.2 The Company shall not be liable for a breach of the warranty unless:
    • (a) the Buyer gives written notice of the defect to the Company within 10 calendar days of the time when the Buyer received the goods; and
    • (b) the Company is given a reasonable opportunity after receiving the notice of examining such the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Company's cost for the examination to take place there (or where this is not possible is given opportunity to examine photographic evidence supplied by the Buyer).
    • 10.3 The Company shall not be liable for a breach of the warranty in Condition 10.2 if:
    • (a) the Buyer makes any further use of such Goods after giving such notice; or
    • (b) the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice. The Buyer in entering into these terms is aware that the Goods can be liable to corrosion and/or surface damage and therefore the Goods should at all times be stored in conditions appropriate to the maintenance of their good condition; or
    • (c) the Buyer alters or repairs such Goods without the written consent of the Company.
    • 10.4 Subject to Conditions 10.2 and 10.3, if any of the Goods do not conform with the warranty in Condition 10.1 the Company shall at its option repair or replace such Goods (or the defective part) credit or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company's expense, return the Goods or the part of such Goods which is defective to the Company.
    • 10.5 If the Company complies with Condition 10.4 it shall have no further liability for a breach of the warranty in Condition 10.1 in respect of such Goods.
    • 10.6 Any Goods replaced will belong to the Company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the 12 month period.
    • 11. CONSUMER RIGHTS
    • The following provisions of this clause 11 apply only to Buyers who are acting as consumers.
    • 11.1 Without prejudice to clause 11.3 below the Buyer may cancel a Contract at any time within seven working days, beginning on the day after the Buyer receives the Goods. In this case the Buyer will receive a full refund in accordance with clause 11.4.
    • 11.2 To cancel a Contract the Buyer must inform the Company in writing. The Buyer must also return the Goods to the Company immediately, in the same condition in which it received them and at the Buyer's own risk and expense.
    • 11.3 The Buyer shall not be entitled to return non defective Goods where the Goods have been specifically manufactured for the Buyer and accordingly the provisions of clauses 11.1 and 11.4.1 shall not apply.
    • 11.4 If a Buyer returns Goods to the Company:
    • 11.4.1 If it has cancelled a Contract within the seven day period in accordance with clause 11.1 and 11.2 above, the Company shall process a refund to the Buyer as soon as is reasonably possible and in any case, within 30 days of the day the Buyer has given notice of the cancellation.
    • 11.4.2 If it has returned Goods for any other reason the Company shall examine the returned Goods and will notify the Buyer of its refund via email within a reasonable period of time. The Company will process any refund within a reasonable time period and in any event within 30 days of the day the Company informed the Buyer it was entitled to a refund. Goods returned by a Buyer because of a defect will be refunded in full including the cost incurred by the Buyer in returning the item to the Company.
    • 11.5 Nothing in these terms and conditions shall affect the Buyer's statutory rights.
    • 12. LIMITATION OF LIABILITY

12.1 Subject to Condition 10, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

  • (a) any breach of these Conditions; and
  • (b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
  • 12.2 All warranties, Conditions and other terms implied by statute or common law (save for the Conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
  • 12.3 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
  • 12.4 Subject to Conditions 12.2 and 12.3:
  • (a) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the amount payable for the goods as stated on the relevant Invoice and
  • (b) the Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
  • (c) the Company makes no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. The Company will not be liable for any loss or damage from action taken or taken in reliance on material or information contained on the Website.
  • (d) the Company shall not be liable for any losses caused as a result of unauthorised access to the Website or to information provided by the Buyer.
  • 13. ASSIGNMENT
  • 13.1 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
  • 13.2 The Company may assign the Contract or any part of it to any person, firm or company.
  • 14. FORCEMAJEURE
  • The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
  • 15. GENERAL
  • 15.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
  • 15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
  • 15.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
  • 15.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
  • 15.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
  • 15.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
  • 16. SEVERABILITY
  • If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, conditions or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  • 17. COMMUNICATIONS
  • All communications between the parties about this Contract must be in writing. The Buyer hereby agrees that the Company may contact the Buyer by email or through information posted on the Website. For contractual purposes the Buyer agrees to this means of electronic communication and acknowledges that all contracts, notices, information and other communications provided electronically comply with any legal requirement that such communication be in writing.
  • 18. COMPANYS RIGHT TO VARY CONDITIONS
  • 18.1 The Company reserves the right to vary these conditions from time to time to reflect changes in market conditions, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
  • 18.2 The Buyer will be subject to the terms and conditions in force at the time that it orders the Goods unless any change to these Conditions is required to be made by law or governmental authority, or unless the Company notifies the Buyer of the changes to these Conditions before it issues the Buyer with the Invoice (in which case the Company shall be entitled to assume the Buyers acceptance of the changes to these Conditions unless the Buyer has notified the Company to the contrary within 7 working days).