Terms & Conditions
All transactions placed online, by e-mail, telephone or by post with BuildSaver (hereafter referred to with the terms 'we' or 'the Company') are subject to the following terms and conditions. Your statutory rights are, of course, not affected by any part of these terms and conditions. Please read the following carefully before placing any order. By using this website you are agreeing to these terms and conditions. All references to the customer shall mean the person or persons purchasing or agreeing to purchase goods from the Company. All references to 'the Website' shall include reference to all URLs owned by Till and Whitehead Ltd, of which company BuildSaver is a trading name.
Terms and Conditions
1. IMPORTANT INFORMATION
1.1 We reserve the right to change our terms and conditions at any time without notice to you in relation to future sales, and as such you are advised to check them each time you use our Website. These terms and conditions were last updated on 07/01/2010.
1.2 Our business address is BuildSaver, Till & Whitehead Ltd. t/a, Park House, Ings Road, Osmondthorpe Lane, Leeds, LS9 9HG. Our VAT registration number is 146 4415 73.
2.1 All content, be it text, photos or images published on our Website are the property of BuildSaver and may not be reproduced in any form without our prior written consent.
2.2 After accessing our Website, you are granted a limited licence by us to view and make personal use of the Website. All activities covered under this limited license are for lawful purposes only and may not be conducted in such a way as infringes our intellectual property rights or those of third parties. Furthermore, these activities may not restrict or inhibit the use and enjoyment of the Website by other browsers, customers or any other third party whatsoever.
2.3 No links to our Website may be created without attaining our prior written consent. This can be sought by emailing us at email@example.com
2.4 Links already contained in the Website may lead to other websites which are not under our control. We therefore do not endorse or take responsibility for the content of any such linked websites.
2.5 Information displayed on our Website is not to be regarded as authoritative or certified as the best practice, but rather is to be considered useful supplementary advice to other certified codes of practice. All information on our Website is updated on a regular basis.
2.6 Under the Data Protection Act 1998, all companies and individuals who store customer information on computer are obliged to explain what this information is to be used for. In accordance with this legislation, it is to be noted that the Company will be storing information about you (such as your title and name, known address, contact telephones numbers, e-mail address and order and payment details which may be collected in the course of your purchasing products from us) to (1) provide you with an effective mail order service, (2) update and improve our customer records and (3) inform you of other products and services which may be of interest to you. We do not store credit or debit card details.
2.7 During the purchasing process there will be an opportunity for you to untick a box on the order form to the effect that you do not wish to receive marketing information from us. If you choose not to untick this box then you are giving consent that we may email you from time to time with details of products that we think you might be interested in. If you initially opt not to untick this box but subsequently wish to unsubscribe from receiving our marketing emails, then this can be achieved at any time by following a link provided in every marketing email. Clicking on this link will allow you to unsubscribe automatically.
2.8 We shall endeavour to keep accurate and up to date information about you. Should you wish to gain access to any information that we may hold about you, you may do so by writing to BuildSaver at the above address. We will then send you this information within thirty days of receipt of your request. Proof of identity is required for us to release any data. We will provide the information at a charge of £10.00 payable with your request. Should you find that the information that we hold about you is inaccurate then upon notification we will correct or delete it accordingly. We reserve the right to refuse to provide a copy of any personal data held, but in such cases will give reasons for our refusal.
3. DESCRIPTION AND PRICE
3.1 All product sizes and thicknesses quoted are nominal, and any equivalents given are only approximate.
3.2 We undertake to ensure that photographs and other means of describing products on our Website shall be as accurate as possible. However, it should be noted that the products may be subject to slight variation in manufacture from time to time.
3.3 All prices on our Website are listed in pound sterling (£). All the prices on the Website are shown including United Kingdom VAT (currently 17.5%). VAT invoices are available on request to enable registered traders to reclaim the tax.
3.4 We are proud to offer our products at the most reasonable prices possible, and we also make every effort to hold our prices constant. However, in the event that alteration is deemed necessary due to circumstances beyond our control, we reserve the right to alter any advertised price without giving prior notice. In the event that an order is received for goods the price of which has increased from the price at which you had seen it advertised, then we will notify you immediately. If you prefer not to purchase at the higher price you will then be refunded in full.
3.5 Although we make every effort made to ensure that the prices listed on our Website are accurate, errors concerning price may occur from time to time. In the event that we discover an error concerning the price of a product for which you have already submitted an order, we will notify you as part of our order confirmation procedure but shall not be obliged to supply the goods at the incorrect price advertised. Instead, you will then be given the option either to re-confirm your order at the revised price or to cancel your order by emailing a notice of cancellation to firstname.lastname@example.org. Failure to inform us of your choice by email to this address within 7 working days from the date of our email will result in your order being automatically cancelled.
3.6 Periodically we may make certain products available on the Website at a special discounted price. In such cases, the price will be clearly marked as a "Special Offer".
4.1 Whilst browsing the Website, you may place items that you wish to purchase in a virtual shopping basket (henceforth called "Basket"). The Basket may be accessed at any time allowing you to view and check your proposed order before it is firmly placed. At this point, you are under no obligation to purchase the items in your Basket. Should you subsequently wish to place a firm order with us, then you will be asked to complete our online order form and provide us (and/or a third party payment partner, such as Sage Pay, on our behalf) with payment and delivery details. After you have completed the online order form, proceeded to the "Checkout" and clicked the "Submit" button, then you shall be obliged to purchase the products listed in your order, subject to our email of confirmation and your rights of cancellation (for which see Section 7 below).
4.2 After you have placed a firm order with us by completing the procedure described in article 4.1, we will send you an email acknowledging receipt of this order and confirming its details. This constitutes the formation of a contract between us.
4.3 In the event that any of the products detailed in your order are unavailable at the time of your order, we will inform you as part of our order confirmation procedure described in article 4.2 of the date when the relevant product(s) will be available, or will provide details of a substitute product of equivalent quality and price. At this point you have the option either to re-confirm your order on the revised basis offered or to cancel it through an email stating that intent and which provides us with your order reference number and the products you ordered. If you fail to inform us of your choice by email to email@example.com within 7 working days from the date of our email notifying you of the product unavailability then your order shall automatically be cancelled (see Section 7 for further details of the Cancellation procedure).
5.1 We are pleased to accept payment for orders by cash, cheque, Postal Order, Visa, MasterCard, Delta, Switch and Solo. However, all orders placed on the Website must be paid for by credit or debit card. All credit and debit card transactions are subject to validation checks and are authorised by the card issuer. If your card issuer refuses to authorise payment to us, then we will not be liable for any ensuing delay or non-delivery of your order. We are unable to accept or process any credit or debit card orders without receiving a valid card payment made in the name of the registered cardholder.
5.2 Payment for items ordered on the Website occurs at the "Checkout" screen. Once there, the choice of payment method is between debit or credit card only. We accept Visa, MasterCard, Delta, Switch and Solo. Upon clicking the "Submit" button, your order will be submitted to us and payment deducted from your debit or credit card accordingly.
5.3 Anyone under the age of 18 must have the consent of the debit or credit card holder (who must be over the age of 18) before purchasing any goods from the Website.
5.4 No items will be dispatched for delivery until such time as full payment in cleared funds has been received by us, with the exception of trade account holders who are subject to clause 10.3.
6. DESPATCH AND DELIVERY
6.1We mainly deliver to addresses within England, Scotland and Wales, but also deliver to addresses outside of the United Kingdom if arrangements are made by phone. No orders for delivery outside of the United Kingdom can be made using the Website. We advise customers outside the UK to contact us prior to despatch to receive a shipping quote.
6.2 All conditions of delivery and delivery charges are subject to change without prior notice.
6.3 All goods are subject to availability. Items ordered will be delivered as soon as possible. We will always try to meet our customers' requirements as to timeframe of product delivery, but we do not undertake to despatch or deliver goods on or before any specified date, and we are under no liability for loss or damage caused by delay in despatching or delivering goods, or by failure to despatch or deliver goods on or before any specified date. However, in the event that we are unable to supply your goods within the statutory limit of 30 days, we will inform you immediately and give you the option of agreeing on a revised delivery date. You also have the option to refuse to agree on a revised delivery date, which will result in the order being cancelled (see article 7.6).
6.4 Almost all orders placed on our Website are despatched by our Standard Delivery Service. Our Standard Delivery Service typically involves a maximum of 5-7 working days delivery time to locations in England and Wales, or a maximum of 7-10 working days delivery time to locations in Central and Northern Scotland. In the event that delivery cannot be made within the timeframe listed above for your location, then we will inform you of this state of affairs. Orders sent to addresses within the normal delivery area (Mainland UK) will be dispatched, carriage paid, by our own transport or designated carrier, subject to reaching the minimum order threshold. Below this a carriage charge will apply.
6.5 It is our practice to deliver our products by carrier, but we may, at our discretion, use Royal Mail.
6.6 We cannot be held liable for any consequential loss arising from late delivery (or failure to deliver) by the Company's appointed carrier. Liability in any such cases is restricted to the value of those items which the customer can clearly show that he or she ought to, but has not, received.
6.7 Provided payment has been received, the customer will take ownership of the products ordered immediately upon delivery thereof, with the same remaining the property of the Company in the event that full payment has not been received.
7.1 Under the Consumer Protection Distance Selling Regulations 2000 you are entitled to cancel your order prior to delivery of goods. Upon giving notice of cancellation you will receive a full refund of the price paid for the product(s) and any delivery charges.
7.2 Under the Consumer Protection Distance Selling Regulations 2000 you are also entitled to cancel your order after receipt of goods and receive a full refund provided that you notify us in writing by post, fax or e-mail within 7 working days of receiving your goods. You should return any goods from orders undergoing the cancellation process to us at BuildSaver (at the above shown address) at your own expense within 28 days of receiving them. We would request that any items returned be accompanied by a copy of your paid invoice and be accompanied by original packaging. It is the obligation of the customers to arrange their own return courier. In the event that BuildSaver are required to arrange pickup and return delivery of a product, then the full cost of this service will be deducted from the final refunded amount.
7.3 We will endeavour to give full refunds as soon as possible, and at any rate at least within 30 days of the date on which the notice of cancellation is received.
7.4 As the customer you are obliged to take reasonable care throughout the period of cancellation of any items received as part of an order undergoing cancellation, and to take reasonable care for their safe transit back to us. Failure to fulfil this obligation may result in a claim being made against you for breach of your statutory duty.
7.5 Please note that this right of cancellation applies only to standard items listed on our website, and does not apply to goods which have been cut to size, made to size or specially ordered on your behalf.
7.6 If for any reason it has not been possible for us to deliver goods within the statutory limit of 30 days and, after being informed of this state of affairs by us, you do not wish to agree upon a revised date for delivery of goods (as per article 6.3) then the order is automatically to be considered cancelled and any product prices and delivery charges paid by you in relation to the order will be refunded in full.
8.1 We guarantee that the products you have ordered from us shall at the time of despatch conform to the content of their description, be of satisfactory quality and be free from defect.
8.2 It is the responsibility of you as the customer to check products for any defect or damage as soon as reasonably possible following delivery. If there is any evidence of damage to the outer packaging or to the contents then the carriers' delivery sheet should be signed as "DAMAGED". The carrier's sheet should under no circumstances be marked as "Unexamined", as we may not be able to register any claim for damage or shortage unless the problem is noted at the time of delivery. If goods are left without a signature at customer's request, then this is strictly at customer's risk and we may not be able to accept any claim for loss, shortage, defect or damage.
8.3 Any claim for loss, shortage, damage or defect should be brought to the attention of the Company in writing within three days of receipt of goods, with this written notification including your order reference number, the delivery date and details of the defective product(s) and description of the fault. If we receive no such notification within this time period then the customer will be deemed to have accepted the items as satisfactory. We will refund remittances in full, including the cost of return postage, if goods are found to be defective and returned to us within 28 days of receipt.
8.4 After we have received notification concerning damaged or defective products, we will make arrangements for these damaged or defective products either to be returned to us (at our own cost) by you or to be collected by us (or by a third party whom we have sole discretion to appoint to so act on our behalf). We will then either replace the damaged or defective products within 14 working days of the working day following when we received them, or will cancel your order and refund you in full the price paid for the damaged or defective products. The Company's liability in the case of damaged, discrepant or defective goods shall be restricted to the supply of new products of the company free of charge (or refund of full price) and no liability is accepted for any consequential loss whatsoever.
9.1 The Company will not be liable for non-performances of its obligations which arise as a direct result of external factors, including such events as industrial disputes, war, civil war, terrorist activities, nationalisation, government sanction, interruption or failure of electricity or telephone service, and Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), or any other circumstances beyond the reasonable control of the company. If as a result of circumstances such as the above it becomes impossible for the company to wholly or partly supply items ordered within a reasonable time, then the customer's liability will be limited to the value of the items already supplied together with any delivery charges.
9.2 We do not reserve the right to exclude or limit our liability for death or injury caused by negligence on our part, or for fraudulent misrepresentation or for our breach of any statutory duty.
9.3 All other damage or loss incurred by you as a direct result of your use of our Website and/or as a result of your purchase and/or use of our products shall be limited to £75 or to the price paid for the defective products in question, whichever is the greater amount.
9.4 We will not be liable for any damage (including wear and tear) to or loss of goods caused by you or any third party, other than our carrier.
9.5 When supplying security safes, BuildSaver will not accept liability for any loss or damage by fire or theft relative to the content thereof. The specification, suitability or acceptability of any safe required for a specific purpose is the responsibility of the end-user customer. This is to be considered in conjunction with the end-user's insurance company where applicable.
9.6 Any complaint you may have can be communicated directly to BuildSaver. We will endeavour to deal with your complaint within five working days of receipt. In the event that we are unable to resolve your complaint immediately, we will advise you of the timeframe in which we will be able to do so and keep you informed of any investigation.
9.7 These terms and conditions form the entire agreement between us. Any waiver of these terms and conditions must be in writing from the company.
9.8 Under the Contracts (Rights of Third Parties) Act of 1999 anybody who is not a party to these terms and conditions has no right to enforce any term in them.
9.9 The construction, validity and performance of all contracts entered into by the company shall be governed by the Laws of England, the Courts of which shall be the forum for deciding any disputes there from.
10. TRADE & INSTITUTIONAL ACCOUNT HOLDERS
10.1 Orders supplied to trade and institutional customers are subject to further terms of sale in addition to those listed above, and such orders are only accepted subject to these additional terms. In the event that any article of the additional terms listed below is in contradiction with any article of Sections 1 to 9 above (for example the rights of cancellation for trade customers as set out in articles 10.9 and 10.10) then for orders supplied to trade and institutional customers the relevant article of Section 10 shall be the article which applies.
10.2 Any qualification or variation in the Customer's order or acceptance shall be excluded unless expressly agreed by BuildSaver in writing. The acceptance of any deliveries pursuant to any quotation or order shall, in the absence of written acceptance, be deemed an unconditional acceptance by the customer of these conditions.
10.3 All accounts shall be paid without retention by the 30th day from the end of the month in which the invoice is dated unless otherwise agreed by the Company in writing. Interest will be added to overdue accounts at the rate of 3% per month or part of a month. New accounts are subject to satisfactory references and/or cash with order or on delivery.
10.4 Prices are subject to revision without notice. Except in the case of quoted prices, products will be invoiced at prices ruling at date of despatch.
10.5 All products supplied by the Company remain its property until paid for, and until then may be repossessed by the Company or its agents at any time. The customer shall accept liability for loss of, or damage to, the Company's products howsoever caused where the Company delivers the products and loss or damage occurs from their arrival at the point where they are unloaded, or where the customer collects (or causes to be collected) the products and loss or damage occurs from the time when they leave the Company's premises.
10.6 Unless otherwise agreed by the Company in writing, the customer accepts full responsibility for ensuring that any of the Company's products sold to him are fit for the purpose for which they are required, and the customer will indemnify the Company against all claims, costs and expenses of whatsoever nature incurred by the Company through the unfitness of such products. The Company's liability under such agreement or in respect of claims for defect is limited to the supply of new products of the Company free of charge provided that (a) if faults are discernible on inspection, written notice is given to the Company immediately on discovery, but in any case not later than 30 days after delivery of such products, or (b) if faults are not discernible on inspection, written notice is given to the Company immediately on discovery of the faults but in any event no later than 90 days after delivery of the products. No liability for any consequential loss or damage whatsoever can be accepted by the Company.
10.7 All sizes and thicknesses quoted for the Company's products are nominal, and are subject to such variation as is normal in the trade.
10.8 The minimum net order value for carriage paid delivery to any customer address or designated delivery point on the UK mainland shall be £45.00 excluding VAT. Orders under this value may, at the Company's discretion, be subject to a delivery charge.
10.9 Trade and institutional account holders have the right to cancel an order prior to its despatch for all stock items that have not been specially ordered on their behalf. Such customers also have the right to cancel orders after receipt of goods for stock items not specially ordered on their behalf. However this right of cancellation is subject to a 25% re-stocking charge and payment of the return carriage by the customer.
10.10 Trade and institutional account holders do not have the right of cancellation for orders of items not originally listed on the Website and which have been specially ordered on their behalf, either prior to despatch or after receipt of such goods.
10.11 The WEEE regulations (January 2007) are designed to ensure that the amount of waste arising from certain electrical and electronic equipment is reduced, separated from household waste and, ultimately, disposed of in a sound environmental way (by being recycled and recovered). In line with these regulations, it is the responsibility of the trade or institutional account holder to arrange collection, recovery (or treatment) and disposal of any and all non-household electrical or electronic equipment purchased from the Company.