Business Terms and Conditions of Online Sale
Version number: 1.0.1
Effective date: 14.03.2023
1. Introduction1.1 We are Builder Depot Limited. Our company information is at the end of this document. References to “you” below mean the legal entity buying goods from us. 1.2 These are our terms and conditions which apply when you buy any goods via this site as a business, i.e., anyone who is not as a consumer. By “consumer”, we mean an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession. If you are a consumer, then you agree to be bound instead by our Consumer Terms & Conditions of Online Sale. 1.3 General use of our site is subject to separate Website Terms and Conditions.
2. Who can buy on our site2.1 You must not buy or attempt to buy any goods via this site if you are under 18 years of age. We are entitled to take whichever age verification steps we think appropriate and to cancel any purchase if we believe that you may be under 18. 2.2 You are not allowed to buy any goods via this site if you are located outside the UK. 2.3 You are not allowed to buy any goods via this site if your main purpose is to use them to infringe our intellectual property or other legal rights.
3. Changing these terms and conditions3.1 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.
4. IMPORTANT WARNINGS4.1 Some of the goods that we sell via this site are potentially dangerous. It is your responsibility to ensure that the goods are installed, handled, stored, used and disposed of only:
a) in accordance with the manufacturer’s instructions (and any instructions that we provide) and with all applicable laws and regulations;
b) by persons with the appropriate level of training, qualifications, skill and experience; and
c) with reasonable care and skill.
5.Giving us accurate information5.1 You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.
6. Your order6.1 You agree not to rely on any representations made by our employees or agents. Any estimate of quantities needed or advice or recommendation as to the suitability or fitness of any goods for any particular purpose given by our employees or agents is given without liability on our part. You agree that you are entirely responsible for ascertaining the quantities required and the suitability and fitness of the goods for their purpose. 6.2 Unless otherwise agreed in writing by us, these terms and conditions are deemed to be incorporated into any orders by you to the exclusion of all other terms and conditions including any which you may seek to impose. This version of our terms and conditions replaces any previous versions. 6.3 Any oral or written order is an offer by you to buy goods from us is subject to our acceptance. 6.4 You agree to be bound by and comply with any separate terms and conditions that apply to any trade account that you open with us. 6.5 We are not obliged to supply any goods which are unavailable. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will cancel the order and arrange for a full refund if you have been charged.
7. Payment and price7.1 Orders are subject to any minimum quantities we specify. 7.2 The prices shown include any applicable VAT or other sales tax unless we state otherwise. 7.3 If we charge for delivery, these costs will be shown separately and may depend on the delivery method chosen. 7.4 Unless we agree in writing to provide credit terms, goods will only be despatched once we have received payment in full in cleared funds. If we provide credit terms, invoices are payable within 14 days unless otherwise stated on the invoice. 7.5 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price, provided we tell you before we send it off. If we do let you know before we send it off, then you can decide if you want to order the item at the right price. However, if you no longer want the item, we will cancel the order and provide a full refund of any payments already made. 7.6 You must make all payments without any set-off, counterclaim or any other deduction and time is of the essence for all payments under this agreement. 7.7 We are entitled to charge you interest (both before and after judgment) on any unpaid amounts at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998. 7.8 You agree to contact us immediately with full details if you dispute any payment. 7.9 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our service. We aren’t responsible for what they do or do not do.
8. Discount codesTHIS SECTION EXPLAINS HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SITE 8.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
9. Online store creditTHIS SECTION EXPLAINS HOW YOU ARE ALLOWED TO USE OUR ONLINE GIFT CARDS 9.1 If we offer online store credit, this can only be used for eligible products on our website. Any purchases are deducted from your online store credit balance, and you must pay the difference if you buy something which exceeds your balance. 9.2 You must not sell online store credit or transfer it between accounts on our site or use it in a way which is unlawful or breaches these terms and conditions. You must not attempt to, or encourage, anyone else to do any of these things. 9.3 We may suspend or cancel online store credit and/or close any relevant account and/or cancel any relevant purchase if a relevant payment is charged back or otherwise cancelled or reversed or if we think that the online store credit has been used fraudulently, illegally or in breach of these or our website terms and conditions. 9.4 We do not provide any cash or refunds for online store credit (except as required by law). 9.5 Online store credit expires within any expiry period that we tell you about when you acquire the online store credit.
10. Termination / suspension10.1 Without prejudice to any other remedy that may be available to us, we are entitled on written notice to suspend all deliveries under any order by you and terminate this and any other order by you if:
a) you suffer, or threaten to suffer, any form of insolvency, receivership, administrative receivership, administration or cease, or threaten to cease, to carry on business;
b) any amount due to us is unpaid (including unjustifiable chargeback) or you otherwise breach this agreement;
c) you or anyone on your behalf acts inappropriately towards our staff; or
d) acting reasonably, we think that it is necessary to protect you, us or others.
11. Delivery / Click and Collect11.1 Delivery is subject to any geographical or other restrictions we have explained. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any additional delivery costs we incur if we decide to deliver outside our normal delivery area. 11.2 Any agreed delivery dates are not of the essence of the contract. Timescales provided by us are estimates only. We have no liability for any losses arising from delay in delivery. 11.3 We may deliver different parts of your order on different dates. 11.4 You agree to ensure that whoever accepts delivery of, or collects, the goods is aged 18 years or older and that they will provide proof of age if requested. We can refuse to deliver or hand over the goods if we believe that the recipient may be underage. 11.5 For smaller items:
a) If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery.
b) If no one is available to accept delivery on a second occasion, we are entitled to terminate the contract, in which case we will refund the price paid but exclude the delivery charge. 11.6 For larger items:
a) Delivery is to the kerbside only meaning goods are unloaded at the nearest reasonable access point on the kerb outside of your property.
b) You agree to comply with the access and offloading requirements explained on the Delivery Information page on our website and we are entitled to abort any delivery if you do not or if reasonable access is not available.
c) If you keep the delivery vehicle waiting for what we consider is an unreasonable period, we are entitled to impose a reasonable additional charge that reflects the additional cost to us.
d) You agree to indemnify us against any claim arising from your involvement in offloading except insofar as we are at fault. 11.7 If we are unable to complete any delivery arising from your failing to comply with this contract (e.g., the access and offloading requirements for larger items), we are entitled to impose a reasonable charge reflecting the additional cost to us, including any return and / or restocking and / or storage fees charged to us. We are entitled to require that such costs be paid before we arrange any re-delivery of the goods to you and / or to add such costs to the amount of any future order by you and/or to deduct such costs from any refund and/or to cancel the contract. 11.8 For Click and Collect:
a) We will send you a message (by text or email) telling you the date when the goods will be ready for collection. The goods are unlikely to be available if you come to the store before that collection date.
b) You agree to bring your order confirmation email and photo ID (as well as any other documents requested on our website) when you come to collect the goods. We may refuse to release the goods if you do not comply.
c) We will hold your order for seven days from the collection date (unless we agree a longer period in writing) after which we will return the items to the warehouse and issue a full refund. 11.9 You agree to dispose of any packaging and waste arising from the goods in accordance with all applicable laws and regulations.
12. Inspection12.1 You must undertake an inspection of all goods immediately on receipt. Furthermore, within two working days you must give written notice in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement including appropriate photos. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.
13. Risk and title13.1 Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier or on collection. 13.2 You become the owner of the goods after whichever of the following occurs later: either delivery/collection of the goods or payment of the price plus delivery charges (if applicable). Until you become the owner, you hold the goods on our behalf. Until ownership passes you must (a) ensure that the goods remain clearly identifiable as ours, (b) store the goods safely and securely and keep them separate from all other goods, (c) ensure that no charge or lien is created over the goods, and (d) return the goods to us on demand. We are entitled to sue you for the price or for other amounts due even though title has not passed to you.
14. Discrepancies14.1 We take reasonable care to ensure that the images and descriptions of goods appearing on our website display the appearance of our goods as accurately as possible. However, there may be minor differences between the goods you receive and the way that they appear on our website. You agree to check the product description for more details and to contact us for further information if anything is unclear. 14.2 The labelling or packaging of the goods you receive may also differ from the images of those which you see on our site. 14.3 We may supply some or all or the goods in the nearest equivalent metric or imperial sizes. 14.4 You acknowledge that timber and other materials may contain or develop natural cracks, scratches, dark spots, shading and other such features, for example due to moisture, shrinkage and / or movement. These matters do not affect the longevity of the materials and do not mean that the goods are faulty. 14.5 The weights, volumes, dimensions, sizes, measurements and capacities referred to on our site may vary within a small tolerance which will comply with any applicable legal requirements and general practice in the trade. We are not responsible for any “fine tolerance” beyond this unless we have agreed to this in writing at the time of your order.
15. Our warranty15.1 For goods not subject to a manufacturer’s guarantee, we warrant (“the Warranty”) that, subject to the other provisions of this agreement, upon delivery/collection, and for a period of twelve months thereafter, the goods will be free from material inherent defects. 15.2 We shall not be liable for a breach of any of the Warranty unless:
a) you have complied with your inspection / notice obligations on delivery set out above;
b) you have given us written notice of any other defect including appropriate photos within 14 days of the time when you discover or ought to have discovered the defect; and
c) we are given a reasonable opportunity after receiving the notice of examining such goods and (if we ask) you send the relevant goods at our expense to the location specified by us to enable the examination to take place. 15.3 The Warranty does not apply:
a) if you make any further use of such goods after giving such notice;
b) if the defect arises because you failed to follow the instructions or appropriate procedures as to the storage, installation, use or maintenance of the goods or from fair wear and tear or from deliberate damage, accidents or negligence;
c) if you have not paid the total price for the goods by the due date for payment; or
d) you alter or repair such goods without our written consent. 15.4 Subject to the foregoing, if any of the goods do not conform with the Warranty, we shall at our option repair or replace such goods (or the defective part) or refund to you the price of the goods (or a proportionate part of the price) provided that, if we so request, you return to us at our expense the goods or the part of such goods which are defective.
16. Restrictions on our legal responsibility for goods16.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement. 16.2 Subject to the first paragraph in this section (“Nothing in this agreement…”), our total aggregate liability of any kind whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise is limited to the price paid for the goods. 16.3 Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
- loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill;
- indirect, consequential or special losses. 16.4 You will indemnify us against all claims and liabilities arising out of or in connection with your breach of this agreement (except insofar as we are at fault). 16.5 To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 16.6 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
17. SoftwareTHIS SECTION IMPOSES CONDITIONS ON USE OF ANY SOFTWARE INCLUDED IN OUR PRODUCT 17.1 To the extent that our goods incorporate any software, you must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
19. General19.1 Any notice required by this agreement to be given by any party in writing may be:
a) given by hand;
b) sent (by special delivery within the UK or by international signed for post outside the UK) to another party at its registered office or such alternative address as that party may notify to the other party for service of notices; or
c) sent by email subject to the email not having been returned. 19.2 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control, including third party telecommunication failures and epidemics / pandemics. 19.3 You may not assign or transfer any of your rights or obligations under agreement without our prior consent in writing except in connection with any merger, consolidation, sale or transfer of all or substantially all of your assets. 19.4 The failure of a party to exercise or enforce any right under this agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. 19.5 If any provision of this agreement is held to be unlawful, void or unenforceable in whole or in part, this agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the offending provision in good faith to achieve the same objects. 19.6 Except insofar as provided otherwise in this agreement, no third party may enforce any clause in this agreement. 19.7 The relationship of the parties is that of independent contractors. Except as otherwise stated in this agreement, nothing in this agreement shall constitute the parties as partners, joint venturers or co-owners, or constitute any party as the agent, employee or representative of the other(s), or empower any party to act for, bind or otherwise create or assume any obligation on behalf of the other(s), and no party shall hold itself out as having authority to do the same. 19.8 This agreement shall be governed by the laws of England and Wales and each party hereby submits to the exclusive jurisdiction of the courts of England and Wales.
20. Complaints20.1 If you have any complaints, please contact us via the contact details shown below.
21. Information about us21.1 Company name: Builder Depot Limited
21.2 Trading name: “Builder Depot”
21.3 Country of incorporation: England and Wales
21.4 Registered number: 04287341
21.5 Registered office: Citroen Wells, Devonshire House, 1 Devonshire Street, London, W1W 5DR
21.6 Contact address: Station Road, New Southgate, London N11 1QJ
21.7 Email contact: Contact us here
21.8 VAT number: GB 783 1154 32