Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by W. G. Burbridge, The Timber Yard, Pysons Road, Ramsgate, Kent, CT12 6RL (we and us) to the customer (you) from our website www.burbridges.co.uk
1.2 All orders placed by you via our website are on the basis of these Terms and Conditions and are subject to acceptance by us either by delivery of the goods to you or by providing the goods you have purchased to you at our shop, at which point a legally binding contract is constituted between you and us.
1.3 The processing of your payment and acknowledgment of your order, either verbally, by email or any other form of communication, does not constitute legal acceptance of your order.
2.1 To purchase a product advertised for sale on our website, follow the on screen instructions. You will only be able to correct any errors on your order up to the point at which you complete your order on the checkout page
2.2 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price you pay for the goods you order is set out on our website at the time you submit your order including any charges for delivery. All prices include VAT at the current rate.
3.2 Whilst every care is taken in producing the website, any errors or omissions will be corrected without prior notification, including but not exclusive to price, description or stock levels. We are not obliged to accept your order for such goods and may decline it, but only after we have made reasonable endeavours to contact you, using contact details submitted on the website at time of the order, to ask if you wish to continue with the order once corrections have been made.
3.3 If an error occurs (as listed in clause 3.2) and you do not wish to continue with the order after correction, we will cancel the order and refund the price you paid on our website.
3.4 Payment must be received in full for orders on our website, including applicable delivery charges, before your order can be processed.
3.5 Payments for orders on our website can be made by most credit and debit cards and payments are processed using the Stripe payment processing platform, to which we have no access to any payment details.
3.6 By making a payment with a credit/debit card for your order, you are confirming that the card is yours or you are authorised to use it.
3.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order.
3.8 Under no circumstances would we ask or recommend that you communicate your payment card details and or password to anyone, including us, by phone, email or any other form of communication. Subject to clause 10.5, we cannot be responsible for any losses you may incur in transmitting information to us or anyone else. Any such loss shall be entirely your responsibility.
3.9 Our invoices are generated using the order information from our website and their format is dictated solely by us.
4.1 We only deliver to addresses in the United Kingdom. For orders with a value below £60 including VAT we charge £5.00 for delivery, for orders with a value above £60 delivery is free.
4.2 We aim to deliver orders placed on our website, except in exceptional circumstances as set out in clause 7 and 12, within 3 to 5 days but no more than 30 days after you have placed your order. We reserve the right to make delivery of your order in instalments if circumstances arise as set out in clause 7. In the unlikely event you have not received all of you order within the 30 days, you must notify us immediately using the contact information in clause 15, we therefore strongly suggest that you do not schedule or commence any work until you have received and checked your order is complete and all items are suitable for the purpose intended and do not have any defects or missing parts.
4.3 Subject to clause 7, in the event of an item being out of stock and unavailable from our suppliers within the 3 to 5 day normal delivery schedule, we will make all endeavours to contact you using details supplied at the time of ordering on our website to arrange delivery of the items on your order available from stock or to cancel your order and refund the price paid by you on our website.
4.4 Orders placed on our website will be delivered using either are own transport (only available within Thanet), Royal Mail or other parcel carrier. The method of delivery is solely of our choice.
4.5 A valid signature may be required on delivery.
4.6 We will not provide any unpacking, installation, fitting or waste removal services upon delivery.
4.7 You must do all that you reasonably can to enable delivery to take place. If delivery fails as a result of circumstances within your reasonable control, the cost of any re- delivery shall be borne by you. If we are unable to arrange a re-delivery date or your order is returned to us undelivered we will endeavour to make contact with you, using details supplied on the initial order, or we will cancel the order and refund to you the price that you have paid for the goods, less any delivery costs incurred by us.
5. Click & Collect
5.1 On our website you can choose to collect your order by selecting the “click & collect” option on the checkout page.
5.2 The “click & collect” service is available on all items on our website, subject to availability.
5.3 In accordance with clause 1.2, acceptance of your order and the formation of a contract between us will take place when we hand the purchased goods over to you at our shop.
5.4 To cancel an order you have placed for “click & collect” after you have submitted it you will need to email: email@example.com quoting your name and order number.
5.5 Subject to clause 7, if your item is available from stock at our shop, we will aim to have it available for collection within 30 minutes (during our normal trading hours) after we have received your order and your payment has been successfully processed. We will contact you, using details you submitted when placing your order on our website, as soon as your order is ready for collection.
5.6 Subject to clause 7, any item not available from stock on the day of ordering will usually be available within 48 hours (subject to item/s being in stock from our suppliers). In the event of an item being out of stock, at our suppliers, we will make all endeavours to contact you using details supplied at the time of ordering on our website usually within 30 minutes (during our normal trading hours) of receiving your order and payment to arrange collection of the items on your order available from stock or to cancel your order and refund the price paid by you on our website. We therefore strongly suggest that you do not schedule or commence any work until you have received and checked your order is complete and all items are suitable for the purpose intended and do not have any defects or missing parts.
5.7 “Click & collect” items are only available for collection during normal trading hours as set out on our website.
5.8 When you arrive to collect your order at our shop please ensure you have your order number supplied to you when you placed your order on our website and the name the order was placed under.
5.9 If you do not collect your order within 14 days then your order will be cancelled and the value of your order will be refunded to the card used on our website at time of ordering.
6.1 Without prejudice to clause 4.7, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as title) in the goods shall not pass to you until you have paid the price for the goods in full.
7. Stock Availability
7.1 All goods listed and sold on our website are subject to availability. While we endeavour to hold sufficient stock to meet all orders, we are unable to guarantee our stock levels at any time. We therefore strongly suggest that you do not schedule or commence any work until you have received and checked your order is complete and all items are suitable for the purpose intended and do not have any defects or missing parts.
7.2 If for any reason we have insufficient stock to deliver the goods ordered and paid for by you, we will initially attempt to get stock from our suppliers, if our suppliers are, for any reason, unable to supply us we will attempt to contact you using the details you have provided to us on our website at the time of ordering to ask you how you wish to proceed. We can process any part of the order which is available and refund the price of the goods that are out of stock or we can cancel the complete order you placed on our website and refund the total value paid. Refunds will only be made using the same method that was used to make payment on our website for your order or part order and is subject to the conditions of your bank or card issuer.
8. Manufacturer’s Warranties & Guarantees
8.1 Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please see the relevant manufacturers product documentation or website for further details). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
8.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
8.3 Some products may feature an extended manufacturer’s warranty. These usually need to be registered within 28 days of purchase – see the product documentation for more information
9. Cancellation, Returns & Refunds
9.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 14 days of the date of delivery to you or your collection from our shop (as applicable). In relation to goods delivered to you, you will need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
9.2 You will lose your right to cancel after the expiry of the 14 day period referred to in clause 9.1 (this does not affect your rights if there is any problem with the goods).
9.3 To exercise your right to cancel, you may inform us of your decision to cancel by post or email (include date, original order number, customer name, delivery address, contact email or phone number) using the contact details set out below at clause 15. You may also cancel by informing us in our shop. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
9.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (in the original unopened packaging and the item unused) without undue delay and in any event within 14 days after the day of the cancellation at your cost using a tracked service (subject to clause 9.9).
9.5 Following cancellation, subject to clause 9.7, we will refund you the price paid for the cancelled order (or part of the order cancelled) excluding any delivery charges. We will pay the refund within 14 days after the day:
9.5.1 you notified us to cancel your order, where you have not received the goods; or,
9.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or
9.5.3 you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
9.6 We will refund you using the same means of payment as you used to pay for your order on our website.
9.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods
9.8 Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalised (for example, made to order radiators, mixed paint, keyed alike and master keyed locks or embroidery goods). Your right of cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons (such as water pumps, toilets and macerators), if you have opened the product packaging after delivery or collection.
9.9 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you contact us first using the contact information in clause 15. Your right to return goods in these circumstances is not limited to the 14 day period in clause 9.1.
9.10 Without prejudice to your right to cancel orders generally under this clause 9, if you have notified us of a problem with the goods within 30 days of delivery or collection, we may at our option either offer to make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery or collection; or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.
9.11 If an item develops a fault after 30 days following delivery or collection, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct.
9.12 The provisions of this clause 9 do not affect your legal rights if you are a consumer.
10.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
10.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
10.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and
10.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
10.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
10.3 Without prejudice to clause 10.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
10.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us
10.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
10.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
10.7 If you are a trade customer and subject to clause 10.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
11. Age Requirements for Specific Goods
11.1 By placing an order on our website for or otherwise purchase age-restricted goods such as solvents, axes, knives and knife blades you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.
12. Events Beyond Our Control
12.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
13. Disposal of Electrical and Electronic Equipment
13.1 The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: .www.recycle-more.co.uk .
14.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
14.2 All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in product description.
15. Contact Details
15.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at W. G. Burbridge, The Timber Yard, Pysons Road, Ramsgate, Kent, CT12 6RL, by phone on 01843 581906, or by email at firstname.lastname@example.org.
17. Website, Images & Descriptions
17.1 Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, is strictly prohibited without written permission
17.2 Quantities and measurements are approximate.
17.3 Trademarks acknowledged.
17.4 Exact products may vary from those shown.
17.5 All products subject to availability.