Consumer Terms and Conditions of Online Sale
Version number: 1.0.2
Effective date: 22.04.2024
1. Introduction
1.1 We are Builder Depot Limited. Our company information is at the end of this document. 1.2 These are our terms and conditions which apply when you buy any goods via this site as a consumer. By this, we mean that you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession. If you are not a consumer, then you agree to be bound instead by our Business Terms & Conditions of Online Sale. 1.3 These terms are available in English only. We have tried to make them user-friendly but please note that the summaries and explanations for each section in capitals are not a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for each transaction with you. 1.4 General use of our site is subject to separate Website Terms and Conditions.2. Who can buy on our site
THIS SECTION EXPLAINS CERTAIN RESTRICTIONS THAT MAY MEAN THAT YOU ARE NOT ALLOWED TO MAKE A PURCHASE ON THIS SITE 2.1 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 are 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 of 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 conditions
3.1 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 WARNINGS
THIS SECTION CONTAINS CRUCIAL INFORMATION ABOUT OUR PRODUCTS THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START 4.1 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 information
THIS SECTION HIGHLIGHTS THE IMPORTANCE OF CHECKING THE INFORMATION YOU PROVIDE US 5.1 You must ensure that your order, including the delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.6. How you enter a legal contract with us
THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US 6.1 When you place an order, you are making an offer to buy from us. 6.2 You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and sending your order to us by clicking on the “Submit Payment” and “Completed Purchase” button. You can check and amend any mistakes before making an order by using the edit function and/or the internet browser back button. 6.3 We accept your offer and there is a binding legal contract when we send you the goods (or make them available for collection if you opt for Click and Collect). 6.4 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. Paying us
THIS SECTION EXPLAINS YOUR PAYMENT OBLIGATIONS 7.1 Payment is in advance. Prices and payment methods are as explained on our site. The prices shown include any applicable VAT or other sales tax unless we say otherwise. We are entitled not to send you the goods until we have received full payment in cleared funds. 7.2 The price does not include delivery. The cost of delivery will be shown when you place your order and may depend on the delivery method chosen and other factors such as the weight and size of the goods . 7.3 If we have mispriced any item by mistake, we are not obliged to supply the item at the incorrect price provided we tell you before we dispatch it. If we contact you about a mispriced item, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order and provide a full refund of any payments already made. 7.4 You agree to contact us immediately with full details if you dispute any payment. 7.5 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our service. We are not responsible for what they do or do not do.8. Discount codes
THIS 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 credit
THIS SECTION EXPLAINS HOW YOU ARE ALLOWED TO USE OUR ONLINE STORE CREDIT 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. Our right to end the contract
THIS SECTION EXPLAINS WHEN WE CAN DECIDE NOT TO SEND YOU THE GOODS 10.1 We are entitled to end this contract at any time including not sending you the goods if:a) any amount due to us is unpaid (including unjustifiable chargeback);
b) you or anyone on your behalf acts inappropriately towards our staff; or
c) acting reasonably, we think that you have not complied with these terms or that it is necessary to protect you, us or others.
11. Delivery / Click and Collect
THIS SECTION EXPLAINS OUR AND YOUR RESPONSIBILITIES IN CONNECTION WITH DELIVERY / COLLECTION 11.1 Delivery is subject to any geographical or other restrictions we have explained on our site. 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 Unless we say otherwise, delivery timescales on our website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions. 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 our courier returns the item to us because they have been unable to deliver it, we are entitled to cancel 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. This means that goods are unloaded at the nearest reasonable access point on the kerb outside of your property.
b) You agree that you will be present to accept delivery at the agreed time and that you will not unreasonably refuse delivery.
c) 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.
d) 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. 11.7 If the goods can’t be delivered because you haven’t complied with this contract (e.g., the requirements set out above), you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or deduct them from any refund (to the extent legally allowed). 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 (Front of Store Collection) and three days (Car Park Collection) 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 (e.g., pallets, cardboard boxes, shrink wrap etc.) arising from the goods in accordance with all applicable laws and regulations.
12. When you become the legal owner of the goods
THIS SECTION EXPLAINS WHEN FORMAL LEGAL OWNERSHIP PASSES FROM US TO YOU 12.1 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. Until you become the owner, you hold the goods on our behalf.13. Small differences in the goods
THIS SECTION EXPLAINS THAT THE GOODS OR PACKAGING MAY (LEGITIMATELY) BE DIFFERENT TO WHAT YOU EXPECT 13.1 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. 13.2 The labelling or packaging of the goods you receive may also differ from the images of these which you see on our site. 13.3 We may supply some or all of the goods in the nearest equivalent metric or imperial sizes. 13.4 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. 13.5 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 practices 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.14. Consumer legal right to cancel (“cooling off”)
THIS SECTION AND THE ANNEX AT THE END EXPLAIN THE LEGAL RIGHTS THAT YOU MAY HAVE IF YOU WANT TO RETURN UNWANTED GOODS 14.1 You may have the legal right to cancel this contract if you comply with the requirements explained in the Annex (including timescales) at the end of this document. This right is not affected by any separate returns policy on our website. 14.2 However, there is no right to cancel contracts for the supply of:a) goods made to your specifications, or which are clearly personalised; or
b) goods liable to deteriorate or expire rapidly. 14.3 Also, you lose the right to cancel contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
15. Manufacturer guarantees
THIS SECTION TELLS YOU ABOUT MANUFACTURERS’ GUARANTEES 15.1 Some of the goods that we sell may be subject to a manufacturer’s guarantee. If so, please read the terms and conditions of those guarantees. 15.2 A manufacturer’s guarantee does not affect your legal rights as a consumer.16. Restrictions on our legal responsibility for goods
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, E.G., IF YOU BREAK THE CONTRACT 16.1 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 We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that do not conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau. 16.3 We are not responsible for any loss or damage where:a) there is no breach of a legal duty owed to you by us;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
d) such loss or damage relates to a business (as we do not intend for goods bought by consumers to be used for business). 16.4 You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
17. Your personal information
THIS SECTION DIRECTS YOU TO OUR PRIVACY POLICY 17.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.18. Things we can’t control
THIS SECTION EXPLAINS THAT WE ARE NOT RESPONSIBLE FOR “ACTS OF GOD” 18.1 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. Transferring this contract to someone else
THIS SECTION EXPLAINS HOW WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE 19.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.20. English law and courts
THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE 20.1 These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom.21. General
THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS 21.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices using our contact information shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.22. Information about us
22.1 Company name: Builder Depot Limited22.2 Trading name: “Builder Depot”
22.3 Country of incorporation: England and Wales
22.4 Registered number: 04287341
22.5 Registered office: Citroen Wells, Devonshire House, 1 Devonshire Street, London, W1W 5DR
22.6 Contact address: Station Road, New Southgate, London N11 1QJ
22.7 Email contact: Contact us here
22.8 VAT number: GB 783 1154 32
ANNEX
YOUR LEGAL RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)
The following applies- ONLY if you have the legal right to cancel this contract (as explained above):
Legal right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason. 2. The cancellation period will end after 14 days from the day:
a) on which you, or someone you choose, receives the goods;
b) if multiple goods from one order are delivered separately: when you, or someone you choose, receives the last item; or
c) if a single item consists of multiple lots or pieces: when you, or someone you choose, receives the last lot/piece. 3. To exercise the right to cancel, you must tell us, Builder Depot Limited, Station Road, New Southgate, London N11 1QJ, contact details above, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below, but you do not have to. 4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation
5. If you cancel this contract, we will refund all payments received from you, including delivery charges (except for the additional cost if you choose any delivery option apart from the cheapest). 6. We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. 7. We will make the refund without undue delay, and no later than:
a) 14 days after the day we receive back from you any goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods. 8. We will make the refund using the same means of payment as you used for the initial transaction unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund (although we can deduct any applicable supplier collection fee - below). Unless the supplier has collected the goods, we may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever we receive first. 9. You must send back the goods or hand them over to us (or, if the option is available for goods marked “online only” or “direct from supplier” on our site, arrange collection by the supplier at your expense) without undue delay and in any event not later than 14 days from the day you send us your cancellation of the contract. The deadline is met if you send back the goods (or arrange for collection by the supplier to take place – if applicable) before the 14 days has expired. Note our extension of this deadline below. You must send the goods to our above contact address unless they are marked “online only” or “direct from supplier” on our site in which case we will provide you with the returns address on request. 10. You must pay the direct cost of returning the goods. If you opt for collection by the supplier, you agree to pay the supplier’s collection fee which will be shown when you book the collection and we are allowed to deduct this fee from any refund. 11. You are only liable for any reduced value of the goods resulting from handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functionality of the goods. Extended right to cancel
12. In addition to your minimum legal rights above, you can still cancel the contract after the 14-day cancellation deadline provided we actually receive all of the goods back from you within 30 days of your order.