Terms and Conditions

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CALL US: 0330 1331 266

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Terms and Conditions

Terms & Conditions of Use

Welcome to the website of Builders Merchant On-Line

  1. Introduction

This website is operated by BUILDERSMERCHANTONLINE.COM LIMITED England & Wales Company Number 08449721) ("BUILDERSMERCHANTONLINE.COM LIMITED", "we", "us"). Please read these Terms and Conditions carefully before proceeding to use this website. In particular, we draw your attention to paragraphs 3 (Content) and 4 (Limitation of Liability) below. Without prejudice to the above, by accessing or using this website, you agree to be legally bound by these Terms and Conditions as they apply to your use of or access to this website. If you do not wish to be bound by these Terms and Conditions, then you should not use our website.

Please note that these Terms and Conditions only apply to your use of or access to this website. If you decide to purchase any goods from us, separate terms and conditions of sale shall apply.

  1. Access

While we are keen for users to visit this website, linking from other sites is not permitted without our prior written approval. Unless you obtain our prior written approval, the information on this website is made available to you on the condition that it is accessed via the server hosted by GoDaddy ; deep linking, or otherwise accessing this website without the express written permission of Builders Merchant On-line shall be a breach of these Terms and Conditions.

  1. Content

The information published on this website is provided for the convenience of its visitors. Although every effort is made to provide accurate and up-to-date information, it is possible that errors may occur. We reserve the right to update, alter or modify in any way these Terms and Conditions, our Privacy Policy and any other content of the website from time to time. You should check these Terms and Conditions to ensure that you remain in compliance with them from time to time.

  1. Limitation of Liability

We do not warrant or represent neither that this website or any part of it will be uninterrupted, reliable or neither fault free nor that will its contents be accurate or complete.

We exclude any and all liability for damages howsoever caused as a result of using or accessing this website or using any information provided on these pages, including without limitation, any damage which is or represents loss of goodwill revenue or profit or failure to achieve any benefit expected from use of this website, loss of use of any asset, loss of data, liability of any user of this website to any third party and any loss which is otherwise indirect or consequential. However, notwithstanding the above, nothing in these Terms and Conditions shall exclude liability for death or personal injury resulting from our negligence or that of our employees, agents or authorised representatives, or for any fraudulent misrepresentation made by us, our employees, agents or authorised representatives, or for any other liability the exclusion of which would not be permitted under English Law.

Each of the exclusions or limitations in these Terms and Conditions shall be construed as a separate severable provision of these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid or unenforceable but would be valid and enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.

  1. Viruses

Builders Merchant On-line uses reasonable endeavours to prevent contamination by known viruses and to maintain the security of this website but no warranty is given that this website or its contents or hypertext links are virus free or uncontaminated, nor can we guarantee that the website may not be affected (or indeed be caused to fail or stop) by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action.

You are advised to make your own virus checks and to implement your own precautions in this respect. All liability for any such damage is hereby expressly excluded to the extent permitted by law.

  1. Hyperlinks

The incorporation of any links (including hypertext links) to other third party sites is for your convenience and reference only and does not imply that we approve or endorse the contents of that site or the material available from it and Builders Merchant On-line does not control and is not responsible for the content of any such sites in terms of their accuracy, suitability, legality or otherwise. No warranty is given that the links are accurate.

  1. Operation of Website

We have endeavoured to design and optimise this website for our likely users. However, no warranty is given that it will be compatible with all operation systems, browsers or computer hardware or software. To the extent permitted by law, Builders Merchant On-line will not be liable for any losses caused by any such incompatibility.

  1. Privacy Policy

These Terms and Conditions should be read in conjunction with our Privacy Policy. You agree that we may collect, store and use information about you in accordance with our Privacy Policy, and acknowledge and agree to be legally bound by the terms of our Privacy Policy.

  1. Law and Jurisdiction

Your use of this website is governed by, and these Terms and Conditions shall be interpreted in accordance with, the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this website.

  1. Intellectual Property

All copyright and all other intellectual property rights in the design, text, logos, graphics and other material on this website and the selection and arrangement thereof is the property of, BUILDERSMERCHANTONLINE.COM LIMITED its partners or other third party licensors. You shall not use, reproduce, alter, modify, distribute or republish any of the above without our and (if applicable) the relevant partner's or other licensor's written consent, save for downloading such material in accordance with Clause 11 below.

  1. Copyright and Reproduction

The contents of these pages are the property of Builders Merchant On-line. You may copy individual sections of any document on the website either electronically or on hard copy provided that:

the integrity of the material is maintained, we are acknowledged as its source and Builders Merchant On-line website URL is given;

if the material is transferred to hard copy, such transfer is limited to ten copies.

Other than as permitted by this clause, or where the prior written consent of Builders Merchant On-line (and, if applicable, any third party licensor) is obtained, reproduction is only permitted on the following conditions:

such reproduction is by way of a download to a temporary file into your normal temporary internet files directory/folder (or equivalent) for your personal use and not deliberately saved to any other part of any hard drive and/or transferred to any other party;

if it is for provision to a third party (including other people within your organisation), such reproduction is not for commercial purposes and the third party is made aware that these conditions apply to it and its use of the material, Most interactive websites today use cookies in order to improve your user experience by enabling that website to ‘remember’ you, either for the duration of your visit (using something called a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’ which lasts for longer periods of time).

  1. COOKIES

Cookies can do lots of different jobs, like letting you navigate between pages more easily, storing your personal preferences for the website, and generally improving your experience of a website.

Cookies make the interaction between you and the website faster and easier. If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site – So if you try to go back a page it will not know which page you came from. Another example would be if you had logged into the website once you visited another page the website would not recognise you as being logged in so you would have to keep logging in to the website.

Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites who run content on the page you are viewing (‘third party cookies’) such as Google Analytics.

What is in a cookie?

A cookie is a small text file that is stored on your computer or mobile device by a website so that the next time you visit the website can recognise you and ensure your preferences are loaded.

Each cookie is unique to your web browser. So if you use another computer you will have to accept cookies usage on that second computer and so on.

The Cookies will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping basket.

What to do if you don’t want cookies to be set

Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when this information is stored and used by a third party without them knowing. Although this is generally quite harmless you may not want this information to be used.

It is possible to block some or all Cookies or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of that website

  1. *Delivery Guarantee

Delivery Guarantee only covers items that are in stock, if we are out of stock we will contact you as soon as possible. Some categories are excluded from the over £60 free deliver & £7.50 delivery charge. See required items for information.

Delivery of goods will be within 2-3 working days of purchase being accepted. Delivery will depend on stock availability at time of purchase being accepted. Builders Merchant On-Line will inform the purchaser of alternative arrangements if needed. These arrangements will be adhered to where ever possible.

The delivery date will be confirmed with the confirmation that the order has been accepted.

All orders must be signed for on delivery, Responsibility and ownership for goods delivered is the sole responsibility of the purchaser once goods have been signed for; access to make delivery of goods must be clear of any obstruction; access availability is the responsibility of purchaser.

An additional minimum charge of £25.00 will be made if orders have to be redelivered or access is denied or not available.

Where goods are returned a minimum restocking fee of 25% of the sales value will be payable. 

 

  1. Cancellations and Returns

 

14.1 We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. Any such cancellation or return shall be on such terms as we specify and in particular we may charge you a handling fee and all costs incurred on cancelled Orders.

 

14.2 Where you are a “consumer” under a “distance contract” (both as defined in the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013) you may cancel a contract within fourteen days after the date the goods are delivered. You must return the goods to the branch from which they were delivered or request us to collect the goods, at your cost. This term shall not apply to any goods specially obtained or made for you or which are liable to deteriorate or expire rapidly. Any refund will only include standard delivery charges (where relevant).

 

14.3 We shall be entitled to cancel or suspend a contract if you fail to pay us any sum due pursuant to the contract (whether or not any part of your account is subject to query) or any of the following events occurs or we believe is likely to occur:

 

(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take a benefit for the relief of insolvent debtors; or

(b) you convene a meeting of creditors or enter into liquidation; or

(c) you have a receiver and/or manager, administrator or administrative receiver appointed over your undertakings or any part; or

(d) a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in your respect, or any proceedings are commenced relating to your insolvency or possible insolvency; or

(e) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or

(f) you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

(g) any event similar to the above occurs; or 

(h) you fail to observe or perform any of your obligations under the contract or any other contract between us and you; or

(i) you encumber or in any way charge any of the goods.

 

  1. DELIVERY

15.1. Delivery takes between 2-3 working days, working days do not include weekends, bank holidays and public holidays.

15.2. Delivery time can vary and depend on product availability at time of ordering.

 

  1. PAYMENT

16.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.

16.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.

16.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.

16.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

16.5. By accepting these Conditions you:

16.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and  that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered

16.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale

16.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

16.6. We shall contact you should any problems occur with the authorisation of your card.

16.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

 

  1. USE OF THE WEBSITE

17.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.

17.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

17.3. We reserve the right to:

17.3.1. Make changes to the information or materials on this Website at any time and without notice to you.

17.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.

17.3.3. Refuse to post material on the Website or to remove material already posted on the Website

17.4. You may not use the Website for any of the following purposes:

17.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

17.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise 

17.4.3. Breaching any applicable local, national or international laws, regulations or code of practice

17.4.4. Gaining unauthorised access to other computer systems

17.4.5. Interfering with any other person's use or enjoyment of the Website

17.4.6. Breaching any laws concerning the use of public telecommunications networks

17.4.7. Interfering with, disrupting or damaging networks or websites connected to the Website

17.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website

17.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation

17.4.10. To create and/or publish your own database that features all or substantial parts of the Website

17.4.11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner

17.5. In addition, you must not:

17.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website

17.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it

17.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack

17.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website

17.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

 

18 ORDER PROCESS AND FORMATION OF A CONTRACT

18.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

18.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

18.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

18.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.

18.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods or made them available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

18.6. Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.

18.7. The Contract will relate only to the Goods stated in the Confirmation Notice.  We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

18.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

18.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:

18.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority

18.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

18.9.3. We reserve the right to supply alternative product brands depending on location & stock availabilty.

 

Should you wish to link to the Builders Merchant On-line site, or if you have any queries or complaints, our contact details are provided below.

Builders Merchant On-line
12a Hallgate
Doncaster
South Yorkshire
England
DN1 3NA

Eurocell

Realex Payments

Crest

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