Standard Terms & Conditions

 

1      In these Conditions (unless the context otherwise requires) the following expressions shall have the following meanings:-

[a] “Buyer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;

[b] “Goods” means the goods (including any instalment of the goods or any parts for them) which the Buyer agrees to buy and which the Seller is to supply in accordance with these Conditions;

[c] “Agent” means John Astley & Sons Limited, (registered in England and Wales, Registration Number 35885), the Agent providing transaction facility for the BandofBuilders eCommerce website;

[d] “Seller” means BandofBuilders;

[e] “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller and its Agent;

[f] “Contract” means the contract for the purchase and sale of the Goods.

[g] “Service” means the services provided by the Seller or its Agent as set out in this Website.

[h] “Content” means the information, data both textual and images contained with the Website and other related links and documents provided for by the Service.

 

2.1   Any terms and conditions contained in the Buyer’s order or other documents or correspondence which are at variance with these Conditions and which are not expressly accepted in writing by the Seller or its Agent shall be overridden by these Conditions.

 

2.2   The Seller or its Agent do not accept liability for any representations as to the Goods or any advice or recommendations as to the storage application or use of the Goods made by the Seller’s or its Agent's employees unless confirmed in writing by an authorised representative of the Seller or its Agent.

 

2.3  The Buyer agrees to indemnify, defend and hold harmless the Seller and its Agent trustees, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal and professional fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

2.4   The Seller and its Agent reserve the right to refuse service to the Buyer for any reason at any time.
The Buyer agrees that the Buyer's content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Buyer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service and Content, without express written permission by us.
 

3      The Seller and its Agent reserve the right to amend any accidental error or omission on quotations, order acknowledgements and invoices without any liability on the part of the Seller or those of its Agent.

 

4      The Seller and its Agent shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller or its Agent which is accepted by the Buyer.

 

5      No variation to these Conditions shall be permitted unless agreed in writing between the authorised representatives of the Buyer and the Seller or its Agent.

 

6      The Buyer shall be responsible to the Seller and its Agent for ensuring the accuracy of the terms of any order submitted by the Buyer.

 

7      The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s or its Agent's quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).

 

8      The Buyer must check the specification for any Goods at the time of order.

 

9      If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller or its Agent in accordance with a specification submitted by the Buyer and such Goods are to be stocked by the Seller for future supply to the Buyer in accordance with the Buyer’s instructions, the Buyer shall complete its purchases of all such Goods within a period of six (6) months from the date upon which they were acquired by the Seller or its Agent or at the Buyer’s election, the Buyer shall indemnify the Seller and its Agent against any and all losses, costs and expenses incurred by the Seller or its Agent as a result of the Buyer’s failure to purchase such Goods as aforesaid.

 

10    The colour reproductions of any garments clothing or other items in the Seller’sor its Agent's printed and other publications are only accurate so far as printing or electronic processes allow and are therefore only indicators as to colours and shades.

 

11    The Seller and its Agent reserve the right from time to time to make any changes in the specification of the Goods which are required to comply with any applicable safety or statutory or E.U. requirements.

 

11.1 Carriage and packing will be charged at the rate advised from time to time by the Seller or its Agent.

 

11.2 Goods may not be returned by the Buyer without prior agreement with the Seller or its Agent, the Seller and its Agent reserve the right to reject the goods at the Buyers expense or to implement an administration fee of not less than 15% of the price of the Goods. Goods which have been augmented or altered in any way to the Buyer's instruction, including but not limited to the application of branding or physical alteration from original specification.

 

11.3 Where prior agreement has been reached between the Buyer and the Seller or its Agent concerning goods to be returned, the Seller and its Agent nevertheless reserve the right to implement an administration fee.

 

12    The price is exclusive of any applicable value added tax, unless specifically and explicitly stated to the contrary.

 

13    The Buyer shall pay the price of the Goods unless otherwise agreed in writing by the Seller or its Agent at the time of order. The time of payment shall be of the essence of the Contract.

 

14    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 or its Agent, the Seller and its Agent shall be entitled to:-either

 

14.1 Cancel the contract or suspend any further deliveries to the Buyer;  or

 

14.2 Charge the Buyer interest on the amount unpaid, at the rate of 3 per cent per annum above Lloyds Bank base rate from time to time in force until payment in full is made.

 

15    Delivery of the Goods shall take place and risk of loss or damage to the Goods shall pass to the Buyer on the Seller or its Agent handing the Goods to the Buyer or its agent at the Seller’s or its Agent's premises or the Goods leaving the Seller’s or its Agent's premises whichever is the earlier.

 

16    The Seller and its Agent shall not be liable for the non-arrival of the Goods at the Buyer’s premises unless the Buyer notifies the Seller or its Agent of non-delivery within either 3 days after despatch of notice of posting or 14 days after despatch of notice of carriage.

 

17    Time for delivery shall not be of the essence unless previously agreed by the Seller or its Agent in writing.

 

18    Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Each separate instalment shall be invoiced and paid for in accordance with the provisions hereof.

 

19    The Buyer shall be deemed to have accepted the Goods 14 days after receipt of the Goods. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.

 

20    The Buyer shall examine the Goods immediately upon receipt of the Goods. The Seller or its Agent will not be liable for any loss, shortage or damage unless the Buyer advises the Seller or its Agent within 3 days of receipt of the Goods of any alleged defect.

 

21    The Seller or its Agent shall not be responsible for the failure of the Buyer to follow the instructions of the manufacturer or the Seller or its Agent.

 

22    Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price plus VAT of the Goods.

 

23    Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods on a fiduciary basis as bailee for the Seller and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and marked in such a way that they are clearly identified as the Seller’s property. Until that time, the Buyer shall be entitled to resell or use the Goods in the ordinary course of business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

 

24    Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in the possession of the Buyer and have not been resold), the Seller and its Agent shall be entitled at any time to request the Buyer to deliver up the Goods to the Seller or its Agent and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

 

25    The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller or its Agent) forthwith become due and payable.

 

26    The Seller or its Agent shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s or its Agent's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s or its Agent's reasonable control.

 

27    Subject to Condition 28 and 29 and notwithstanding anything contained in these Conditions (other than Condition 27 and 28) the Seller’s or its Agent's liability to the Buyer in respect of any order, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the price of the Goods specified in the order provided that in no circumstances shall the Seller or its Agent be liable for any special, indirect or consequential damage of any nature whatsoever.

 

28    Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

29    Where the goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Conditions.

 

30    Nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller or its Agent for death or personal injury caused by reason of the negligence of the Seller or of its servants, employees or Agent(s).

 

31    The Buyer may not withhold payment of any invoice or other amount due to the Seller or its Agent by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatever.

 

32    In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of any provided Service or any related website for violating any of the prohibited uses.

 

33   The Contract shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.