You should print a copy of these Terms (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you order goods please check these Terms to ensure you understand the terms which will apply at that time. These terms were implemented on 2nd April 2013.
These Terms and any Contract between us are in the English language.
1. INFORMATION ABOUT US
1.1 We operate a website www.diy4u.co.uk. We are DIY4U (NI) LTD and our address is Unit 30 Antrim Enterprise Park, 58 Greystone Road, Antrim, Co Antrim. BT41 1JZ Northern Ireland. Telephone No: 02894467603, Fax No: 08442880111, Email: email@example.com Company Registration Number NI618985, VAT number is GB 150 4561 36.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of colours accurately display the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.2.3 The packaging of the Products may vary from that shown on our site.
2.4 All products shown on our site are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5.IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 Certain Products on our site can only be purchased if you satisfy the legal age requirements for that product. We are not allowed by law to these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site. These Products are:
(a) Knives and their replacement blades. Minimum age requirement is 18 years old.
(b)Solvent based adhesives. Minimum age requirement is 18 years old.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business
6.1 If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our site to purchase Products.
7. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
7.1 For the steps you need to take to place an order on our site, please see our How to shop with us page.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page in the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described on clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (Dispatch Confirmation.) The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
(a) Changes on how we accept payment from you;
(b) Changes in the relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND.
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have the legal right to cancel a contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) Any Products made to your specification or clearly personalised.
(b) Newspapers, periodicals or magazines
(c) Perishable goods, such as food, drink or fresh flowers
(d) Software, DVDs or CDs which have a security seal which you have opened or unsealed.
9.3 Your legal right to cancel a Contract starts from the date the order was placed, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days, in which you may cancel, starting from the day after the day you received the Products. You have then another 14 (fourteen) days to return the goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4. To cancel a Contract please contact us in writing to tell us by sending an email to firstname.lastname@example.org or by sending a letter or fax to us on our contact page http://www.diy4u.co.uk/contact/. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which we received the goods back or you providing a proof of postage to us. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6 otherwise you will be responsible for the cost of returning the goods as set out in clause 9.8 (b)
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the products were delivered to you:
(a) You must return the Products to us as soon as reasonably practicable but within 14 (fourteen) working days. If the products require collection, we will collect the Products from the address to which they were delivered. We will arrange a suitable time for collection;
(b) Unless the products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. The charge for collection will be advised by email prior to collection.
(c) You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens Advice bureau or Trading Standards office.
10.1 Your order will be fulfilled by the estimated delivery date as set out on the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 If no one is available at your address to take delivery, our carriers will leave you a note to contact them to re-schedule the delivery or to advise of the premises where the Products can be collected. Alternatively contact us and we will advise of a revised estimated delivery date.
10.4 The products will be your responsibility from the completion of the delivery.
10.5 You own the products once we have received payment in full, including all applicable delivery charges.
11. UNITED KINGDOM AND IRELAND DELIVERY
11.1 We deliver to the United Kingdom and Ireland. However, if there are restrictions on some Products for Ireland, please review the restrictions carefully before ordering any Products.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws.
12. INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not deliver to addresses outside the United Kingdom using our domestic delivery charges
12.2 You may place an order for products from outside the UK, but this order must be for delivery to an address within the UK.
12.3 Should you be unable to provide a United Kingdom delivery address for orders placed outside the UK then we reserve the right to levy additional charges to cover the cost of shipping to the address given
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
13.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the rate of VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. The relevant delivery charges are added to your shopping cart at checkout.
13.5 Our site contains a large number of Products. It is always possible that, despite our best efforts some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) Where the Product’s price is less that the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have been reasonably recognised by you as a mispricing, we do not have to provide Products to you at the incorrect (lower) price: and
(b) If the Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you by using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14. HOW TO PAY
14.1 You can only pay for products using either a debit card or credit card. We accept the following cards: MasterCard, Visa, Visa Electron, Vpay, Maestro, Discover, Diners Club and JCB cards.
14.2 Payment for all Products and all applicable delivery charges is in advance. We do not charge your debit or credit card until we dispatch your order.
15. MANUFACTURER GUARANTEES
15.1 Some of the products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
15.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. OUR WARRANTY FOR THE PRODUCTS
16.1 For products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from defects. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 The warranty in clause 16.1 does not to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of the authorised repairers; or
(e) any specification provided by you.
16.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This clause17 applies only if you are a business customer
17.1 We only supply Products for use by you business .
17.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession; or
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2,we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profit, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.4 Subject to clause 17.2 and clause 17.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances 100% of the price of the Products.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated in these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 We only supply the products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 ( description, satisfactory quality, fitness for purpose and samples); and
(e) defective product under the Consumer Protection Act 1987.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. Event Outside Our Control is defined below in clause 19.2
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for the performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20. COMMUNICATION BETWEEN US
20.1 When we refer, in these Terms, to “in writing” this will include e-mail.
20.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to DIY4U (NI) Ltd, 191 Ballyhill Road, Belfast, Northern Ireland. BT14-8SF. You may wish to keep a copy of your cancellation notification for your own records. If you send your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this by e-mail to firstname.lastname@example.org or contact us using our Customer Services telephone line.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us on your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addresses, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. OTHER IMPORTANT TERMS
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your or our obligations under these Terms. We will always notify you by posting on the webpage if this happens.
21.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without our consent.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please not that these Terms are governed by Northern Ireland law. This means a Contract for the purchase of Products through our site and any disputes or claims arising out of or in connection with it will be governed by Northern Ireland law. You and we both agree to that the courts of Northern Ireland will have non-exclusive jurisdiction. However, if you are a resident of England or Wales you may bring proceedings in England and Wales, and if you are a resident of Scotland you may bring proceedings in Scotland.
21.7 If you are a business, these Terms are governed by Northern Ireland law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non contractual disputes or claims),will be governed by Northern Ireland law. We both agree to the exclusive jurisdiction to the courts in Northern Ireland.
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