- The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller; and
- These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted by the Seller, or any such order is made or purported to be made, by the Buyer.
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Buyer" means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
"Seller" means Web Ironmongery Ltd. Registered Office: 10 Camden Gardens, Sutton, Surrey, SM1 2SJ. Registered in England and Wales, Company Number: 11395302
“Order” means the contract between the Buyer and the Seller for the sale and purchase of Goods in accordance with these Terms and Conditions;
“Goods” means the goods (or any part of them) set out in the Order;
“Working Day” means any day other than a Saturday, Sunday or Bank holiday;
“Writing” and any cognate expression includes a reference to any communication effected by electronic or facsimile transmission or similar means;
“Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time.
2.2 References to any gender shall include the other gender.
3 Basis of Sale
- The Terms and Conditions set out in this document control the sale of Goods by the Seller to the Buyer. These Terms and Conditions form the entire and only agreement between the parties in relation thereto. The Seller’s acceptance of the Order by delivery of the Goods forms a legally binding contract between the parties on these Terms and Conditions.
- No variation to these Terms and Conditions, or to the Contract, shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
- All orders placed by the Buyer are on the basis of these Terms and Conditions and are subject to acceptance by the Seller by delivery of the Goods to the Buyer at which point a legally binding contract is constituted between the parties. The processing of payment and acknowledgment of the Buyer’s Order does not constitute legal acceptance of the Order.
- These Terms and Conditions supersede all previous terms and conditions issued by the Seller and the Buyer agrees to be governed by them in all matters arising from the purchase of Goods from the Seller.
- Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. No contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:
- the Seller’s written acceptance;
- delivery of the Goods; or
- the Seller's invoice.
- Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4 Price and Payment
- The price payable for the Goods is as set out on the Seller’s website at the time the Order is placed or, if an order is placed from one of the Seller’s catalogues, as set out in the catalogue from which the order is placed (provided it is a current catalogue), plus any charges for insurance and carriage as set out in the Seller’s current applicable catalogue.
- Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for the time as the Seller may specify.
- Subject to clause 4.4, the Seller must receive payment for the whole of the price of the Goods ordered, and any applicable charges for packaging, insurance and delivery, before the Order can be accepted unless the Seller has agreed otherwise in advance in writing.
- If the Buyer is an account customer, payment shall be made in full within 30 Working Days s of the date of the Seller’s invoice or otherwise in accordance with such credit terms as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. Time shall be of the essence for payment. The Seller may revoke credit if the Buyer fails to make payment when due. If payment is not made when due, interest is payable at the rate of 4 per cent over the HSBC Plc base lending rate from time to time on the amount outstanding from the due date for payment until receipt by the Seller of the full amount (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs.
- On occasion, the prices payable for Goods advertised on the Seller’s website may differ from those prices offered in the then current catalogue, and the Seller is under no obligation to honour any web site price if there is such a difference. Occasionally, the Seller advertises Goods at a promotional price; the Buyer must quote the relevant promotion code otherwise the Buyer may be charged the full price
- The Buyer is responsible for all orders placed by its authorised employees and the Seller is not bound by any individual order limit the Buyer may impose on its authorised employees. The Buyer must inform the Seller in writing as soon as a relevant employee is no longer authorised to place and receive Orders.
- The Contract Price is exclusive of any applicable value added tax (VAT), excise, sales taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.
- Occasionally an error may occur and Goods may be incorrectly priced in which circumstances the Seller will not be obliged to supply the Goods at the incorrect price, but will inform the Buyer of the correct valid price to enable the Buyer to re-order.
- Prices are valid unless the Seller requires for commercial reasons to vary any price during the current catalogue period it will notify the Buyer at the point of order or otherwise in its issued literature.
- No payment transaction will be completed until immediately prior to the point of despatch.
5 Delivery and Title
- Unless the Buyer tells the Seller it wishes to collect the Goods, the Seller will deliver the Goods in accordance with the Order. A valid signature will be required on collection or delivery.
- The Title to the Goods shall not pass to the Buyer until such time as all Goods are ready for despatch and the Seller has received payment in full for the Goods and all other sums which are or which become due to the Seller for sales of Goods to the Buyer.
- The Seller will endeavour to deliver the Goods in accordance with the Order within the stated delivery time. The following general rule will apply:
- For next day delivery orders must be placed before 2pm. (Subject to Stock Availability).
- For Special product orders please ask staff for duration time.
- Orders for collection must be notified 90 minutes before your arrival.
- Proof of delivery (POD) can only be provided within 28 days.
- Delivery times are approximate only and should not be taken as guaranteed.
- In the unlikely event that the Seller does not make the Goods available to the Buyer within 30 days of the Order the Seller will have the option of cancelling the Order by notifying the Buyer accordingly prior to delivery.
- The Seller reserves the right to choose to nominate the carrier. In the unlikely event that the Buyer has not received all the Goods within the stated delivery time, the Buyer must notify the Seller immediately.
- The Buyer must not schedule or commence any installation work until after the Buyer has received its Order and checked all the Goods for any defects or missing parts.
6 Stock Availability
- While the Seller endeavours to hold sufficient stock to meet all orders, if the Seller has insufficient stock to supply or deliver the Goods ordered and paid for by the Buyer, the Seller may, at its discretion, supply or deliver a substituted product or refund to the Buyer the price paid for such Goods as soon as possible and in any case within 30 days or, in the case of an account customer, the Seller may, in its absolute discretion, as soon as possible raise a credit to offset the amount invoiced to the Buyer.
- Colour and finishes cannot be guaranteed and may vary as they are dependent on products supplied by manufactures.
7 Returns, Shortages and Damaged Goods
- The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.
- The Buyer should check the goods delivered for accuracy as soon as possible. Shortages and damages should be reported to the Seller within 3 days of receipt of goods.
- The Buyer may return faulty or damaged Goods to the Seller within 30 days without any handling charge, providing the Goods, including packaging, are in a re-sellable condition.
- In the unlikely event of the Order being supplied incomplete or Goods arriving damaged in transit the Buyer must notify the Seller in writing within 7 days of delivery.
- For damaged good, the Returns Form must be used as described in the “Return of Goods and Refunds” conditions.
- The Seller will refund by the same method of payment used to purchase the Goods.
- The Seller is unable to accept the return of any non-stock or special ordered products.
- The Seller where appropriate will issue a Credit Note against returned goods which usually takes up to 7 working days after the receipt of goods.
- If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the order or suspend any further deliveries to the Buyer.
- This condition applies if:
- the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
- the Buyer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;
- an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer;
- the Buyer ceases, or threatens to cease, to carry on business; or
- the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
- If sub-Clause 8.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- The Buyer may cancel its order by giving the Seller notice of cancellation within 30 days of the date of delivery to the Buyer or collection from a trade counter. Such notice may be given by phone, mail, fax or email. If the Buyer is cancelling because of any problem with the Goods, please notify the Seller of the problem at the time of cancellation.
- On cancellation for whatever reason, the Buyer must return the Goods to the Seller at the Buyer’s cost unless the Seller agrees that the Buyer may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous Goods. Where the Goods are being returned because they are faulty, incorrect Goods or because of unsuitable substitution by the Seller, the Seller will meet the cost of return and the Seller can nominate the carrier.
9 Limitation of Liability
- If the Buyer has notified the Seller of a problem with the Goods within 30 days of delivery, the Seller will (subject to clause 6) either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to the Buyer the amount paid by the Buyer for the Goods in question.
- The Seller shall have no liability to pay any money to the Buyer by way of compensation other than any refund the Seller makes under these Terms and Conditions. The Seller’s liability to the Buyer shall not in any event include losses related to any business of the Buyer, such as loss of profits or business interruption; neither will the Seller be responsible to the Buyer for any other loss which is not a foreseeable consequence of the Seller being in breach of these Terms and Conditions or its legal duties. The Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with this agreement shall not exceed the price of the Order.
- This does not affect the Buyer’s statutory rights, nor is it intended to exclude the Seller’s liability to the Buyer for fraudulent misrepresentation or for death or personal injury resulting from the Seller’s negligence or any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
- Goods are intended for use in the UK only and the Seller cannot confirm that the Goods comply with any laws, regulations or other standards applicable outside the UK. All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods.
- Subject to Clause 9.3, the Seller will not be responsible to the Buyer or, in the event that the Buyer is undertaking work for another person, to any other person, for the use or installation of any Goods by the Buyer. Accordingly, if the Buyer is a trade customer, the Buyer hereby agrees to hold the Seller harmless, and indemnify the Seller against any liability associated with, any claim or allegation that the Seller is responsible for any failings in the installation or use of Goods that the Seller supplies.
- The Seller may suspend further supply or delivery, stop any Goods in transit or terminate the contract by notice in writing to the Buyer if the Buyer is in breach of an obligation hereunder or the Buyer becomes unable to pay its debts when they fall due or proceedings are commenced by or against the Buyer alleging bankruptcy or insolvency.
- Upon termination, the Buyer’s indebtedness to the Seller becomes immediately due and payable and the Seller shall be under no further obligation to supply Goods.
11 Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
12 Health and Safety
- By purchasing from the Seller the Buyer acknowledges that he/she is aware of all health and safety requirements pertaining to the products and their application.
- By purchasing from the Seller the Buyer assumes full liability for the consequences of its actions and acknowledges that the Buyer is obliged to report any misuse or abuse of the Sellers’ products and/or services.
13 Age Requirement for Specific Goods
Where the Buyer places an Order for age-restricted Goods such as solvents and knives, the Buyer confirms that he/she is over the age of 18 and that delivery will be accepted by a person over the age of 18. The Seller reserves the right to cancel the Order if the Seller reasonably believes the Buyer is not legally entitled to order certain Goods.
14 Disposal of electrical and electronic equipment
The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If the Buyer is a trade customer, the Buyer agrees that the collection, recovery/treatment and disposal of non household electrical or electronic equipment purchased from the Seller will be the Buyer’s responsibility. In the case of household waste, please take this waste to the Buyer’s nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal.
- If any provision of these Terms and Conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to the Buyer) that provision shall, to the extent required, be deemed to be deleted and the validity, legality or enforceability of any other part of these Terms and Conditions will not be affected.
- Where any terms or conditions may be valid by the inclusion or exclusion of one or more conditions it will be considered that those amendments have taken place with the minimum modification necessary.
16 Law and Jurisdiction
- This contract and any dispute or claim arising out of or in connection with it shall be governed by and interpreted in accordance with English law, the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- These Terms and Conditions constitute the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Order.
17 Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
18 Confidentiality, Publications and Endorsements
- The Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller's prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer's default.
- The Buyer will not use, authorise or permit any other person to use any name, trademark, house mark, drawings, photographs, stock codes, layout & style, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises, note paper, visiting cards, advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its licensor.
- The Buyer will use all reasonable endeavours to ensure compliance with this Clause 15 by its employees, servants and agents.
- Quantities and measurements are approximate. All trademarks are acknowledged. Exact products may vary from those shown.
- The provisions of this Clause 15 shall survive the termination of the Contract.
19 Call Recording
All calls to us may be recorded or monitored for quality and training purposes.
©Web Ironmongery Ltd, 100 Menzies Road, Hastings,TN38 9BB
Registered in England and Wales, Company Number: 11395302