"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 2 of the Unfair Contract Terms Act 2015;
"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 Fittings 4 Shops Ltd. of Unit D, Brookside Road, Ruddington, Nottinghamshire, NG11 6AT that owns and operates www.fittings4shops.co.uk
"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.fittings4shops.co.uk.
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 in clause 1.5.
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.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
PRICE AND PAYMENT
The price of the Goods shall be that stipulated on the Website. The price is exclusive of VAT. The price excludes delivery charges unless clearly stated on the products page.
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.
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 plus VAT and delivery charges must be made in full before dispatch of the Goods.
The Seller will contact the Buyer within 24 hours should there be a problem or miss-calculation for shipping or a product price on the website. The website system should estimate shipping correctly but on the odd occasion that it doesn't the Seller will contact the Buyer to rectify it. The Seller is not held accountable for fulfilling orders where the Seller deems the postage or listed price to be incorrect and may at the Sellers discretion cancel and refund the order.
If payment is found to be misleading or fraudulent in any way, the Seller will seek to recover monies owed via the British Legal System and/or via a private debt collection agency. Any such activity by the Buyer will also be referred to the Police for further investigation.
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.
All sizes, weights, capacities, dimensions and measurements indicated on the website have a tolerance and are approximate. If the Buyer requires more detailed or confirmation of size information, please contact the Seller.
Goods supplied within the UK will normally be delivered within 1-14 working days of acceptance of the order. More accurate delivery times will be indicated within the shopping basket area.
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.
The Buyer should not plan a use of any products, for example, a sale event, an install or a trade show until the Buyer physically receive them.
Delivery of the Goods shall be made to the Buyer's delivery address specified when ordering and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
All deliveries are to kerbside and unless as a paid for service, the courier or delivery driver should not be required to deliver items inside a premises or to different premises other than that specified at checkout.
Many of the website items are heavy and care should be taken when accepting delivery. The Seller cannot be held responsible for incorrect carrying or excessive loading.
Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
If goods are returned to the Seller due to a failed delivery, the Buyer is responsible for the return shipping cost of the order back to the Seller as well as the second shipping costs from the Seller to the Buyer. The order will not be re-processed until both shipping is paid in full.
Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
CANCELLATION AND DAMAGE
The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 7 days.
If the delivery is damaged in any way the Buyer is to indicate this on the signed delivery note.
If the number of delivery parcels do not tally with the signed delivery note, the Buyer should indicate this on the delivery note. The Buyer should contact the Seller within 24 hours about the shortfall. The Seller can then look into the issue for the Buyer.
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by replying to the Buyer Invoice within 2 days 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 within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective.
If you are not 100% happy with your order we are here to help. We are confident in the products we sell and want you to be too.
If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email within 14 working days of receipt of the Goods.
Goods must be returned by the Buyer at the Buyer's expense within 14 days of cancellation in the original packaging. The packaging should not be ripped or damaged and suitable for re-sale. All returns should be adequately insured during the return journey. The Buyer will receive a refund of monies paid for the Goods except for outgoing and return postal charges.
If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
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.
REMEDY FOR BREACH
All Goods (including digital content) supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
LIMITATION OF LIABILITY
The Seller shall not be responsible for:
losses that were not caused by any breach on the part of the Seller; or
any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.
The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.
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.
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, lockouts, 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.
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 OR Scotland] and the parties hereby submit to the exclusive jurisdiction of the [English OR Scottish] courts.