|
Broughtons of Leicester Ltd
|
Tel (UK) 0116 234 1888 |
| Reg. No. 1379882 VAT No. (UK) 316 1626 80 |
TERMS AND CONDITIONS OF SALE
DEFINITIONS
"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" means the articles that the Buyer agrees to buy from the Seller;
"Seller" means Broughtons of Leicester Ltd of The Old Cinema, 69 Cropston Road, Anstey, Leicester LE7 7BP, United Kingdom that owns and operates www.broughtons.com
"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
"Website" means www.broughtons.com
CONDITIONS
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address stated above.
ORDERING
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are to add a product to the basket by clicking ‘add to basket’ and following the instructions on screen to proceed through the checkout pages, supplying the appropriate details along the way. A confirmation email will be sent to the Buyer. We do not advise the Buyer to pre-book an electrician, plumber, builder, or any installer until goods have been received and checked, and accept no liability for consequential costs occurring as a result of any delay whatsoever.
PRICE AND PAYMENT
The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges which can be seen in the basket area of the website. For orders shipping within the UK, the total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping basket prior to confirming the order. For sales to non UK destinations, we will not charge you VAT on your order and you will be invoiced for VAT and possibly customs charges by the postal operator or tax authority in the destination country. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. Payment of the price quoted and delivery charges must be made in full before dispatch of the Goods. Errors and omissions excepted.
RIGHTS OF SELLER
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
DELIVERY
Where an order can be fulfilled from stock, we endeavour to despatch within 1 working day from receipt of order, with delivery for mainland UK usually being next working day. For goods that are not in stock the delivery time can be longer and will be communicated to the Buyer upon placing an order. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. For non UK sales, the Buyer is responsible for all local import duties and taxes in the destination country. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Occasionally (usually for non UK sales or cast iron radiator sales) the Seller cannot determine the delivery charges at point of ordering on the website and the customer is charged just for the goods ordered in the website checkout process. The Seller will contact the customer with a quote for delivery charges before the order is fulfilled and the customer may cancel the order at that point or pay the quoted delivery charge prior to delivery. Further details can be found on our Delivery page here.
In addition the Seller reserves the right to amend a delivery charge quoted on the website after an Order has been placed, but will always inform the customer prior to proceeding with the Order.
CANCELLATION
If you are a consumer in the UK, you can cancel your order within 14 days of receipt of the Goods provided it is not a Special Order. A Special Order item would typically be any item that is not in stock. If you have the right to cancel, you are entitled to a refund of any money paid in relation to the contract, including standard delivery charges. Note that once we begin the delivery service you will not be able to cancel any contract you have with us for additional services such as giftwrapping or express delivery. To cancel your contract after you receive the goods, please follow the instructions on the Delivery/Returns note included with your package - you can either return the goods yourself or we can arrange collection from you. If the Goods are in your care at the point of cancellation you have a statutory duty to take care of them. Goods must be returned by the consumer as soon as possible and within 14 days at the latest. You must ensure the Goods are sufficiently and carefully packed to minimize any risk of damage during transit. Original packaging should be used, if possible. For your protection, we recommend that you use Royal Mail Special Delivery. You will be refunded as soon as possible and within 30 days at the latest. Please note that you will be responsible for the cost of returning the Goods to us unless we delivered them to you in error, or if the Goods are damaged or faulty. If we do not receive the item back from you within 14 days, we may arrange for collection of the item from your residence at your cost.
If an order is for goods to be delivered outside of the UK or by a party not acting as a consumer within the UK, there will be no right to cancel the order once delivery charges have been confirmed and paid.
The Seller reserves the right to amend or cancel an order prior to delivery. In any such case the Seller will inform the Buyer in writing and return any deposit outstanding to the Buyer.
FAULTY/DAMAGED GOODS
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing via a letter, fax or email within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a replacement product or full refund (including delivery costs) if the Goods are in fact defective. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. Use of Site Access to and use of this site and the information contained on it is strictly subject to these terms and conditions. No other conditions shall apply and if you do not wish to be bound by them please leave the site now. This site has been put together to comply with English law and is hosted in the United Kingdom. All visits to the site shall be governed by English law. Any manuals and safety instructions provided with products should be read and followed carefully at all times.
ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED WITHOUT RESPONSIBILITY ON THE PART OF BROUGHTONS OR ANY CONTRIBUTING PERSON OR ORGANISATION AND TO THE FULL EXTENT PERMISSIBLE BY LAW, BROUGHTONS ACCEPTS NO LIABILITY FOR ANY LOSS, DAMAGE OR INJURY ARISING AS A RESULT OF ANY RELIANCE ON THE ADVICE AND INFORMATION SET OUT ON THE SITE.
Any information on this site is up to date at the time it is posted but is subject to subsequent variation, without notice. In particular, any prices appearing may be subject to increases or decreases from time to time. Products appearing on the site are subject to availability. Where this site is hypertext linked to any site operated by any third party we accept no responsibility or liability arising in respect of any content on such site nor shall the presence of such links be deemed to be a recommendation or endorsement of such site by Broughtons.
No permission to copy, reproduce, modify or download the site or any part of it is given other than a single copy for private or domestic use. All trade marks used on the site belong to Broughtons or the registered proprietor of such marks. All intellectual property rights relating to such trade marks and all copyright, know how and other intellectual property rights in respect of this site are reserved. We do not pass your details onto any third parties. In addition, Broughtons may send you details of new products and promotions. If you do not wish to be contacted in this way, please indicate when ordering.