Returns Policy

1. Definitions

   1. 1.1 You may cancel your order at any time provided that you notify us within 7 working days by either:
      1. (a) emailing sales@buyplumbingonline.co.uk; or
      2. (b) telephoning 01862 808040
   2. 1.2 If you have received the items before you cancel your order you must send the items back to the address supplied by us at your own cost and risk. You should obtain proof of postage
   3. 1.3 Orders placed for items that are made to your specifications, personalised or non-stocked items specifically ordered at your request (“Special Order items”) cannot be cancelled. We will contact you to let you know whether your order contains any such items
   4. 1.4 You may return items other than Special orders within 30 days from the date of delivery/collection provided that the following conditions are satisfied:
      1. (a) Items will only be accepted if they are unused and fit for immediate re-sale
      2. (b) The item(s) is in its original packaging and is unopened
      3. (c) You must supply the receipt or other proof of purchase (order confirmation emails will not be sufficient for these purposes)
   5. 1.5 Before returning any items you must contact us either by:
      1. (a) emailing sales@buyplumbingonline.co.uk; or
      2. (b) telephoning 01862 808040
   6. 1.6 Except where otherwise agreed, you are responsible for the cost of returning the items to us. You should obtain proof of postage
   7. 1.7 Where items have been damaged whilst in your possession, we are not obliged to accept their return. In such circumstances, we will notify you that the items are available for re-collection or re-delivery (at your cost)
   8. 1.8 We cannot offer refunds or accept returns on the following (unless they are faulty):
      1. (a) Special Order items
      2. (b) Specially sealed packages that have been opened on sensitive electronic items (e.g. boiler printed circuit boards)
      3. (c) Items that have been fitted
   9. 1.9 If an item is faulty or has been damaged during delivery, we will exchange the product or provide you with a full refund together with any applicable delivery charges and any reasonable costs you incur in returning the item to us. We reserve the right to inspect all returned products prior to agreeing to any refund
   10. 1.10 Buy Plumbing Online will examine returned items and will process any refund owed to you within 30 days. The price of the items will be refunded less any applicable delivery/collection or restocking charges Buy Plumbing Online may incur
   11. 1.11 We will refund any payments made to us using the same method originally used by you to pay for your purchase

Privacy Policy

Introduction
Buy Plumbing Online (“Buy Plumbing Online”) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you how we collect, use and look after your personal data. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller
Wolseley UK Limited is the controller and responsible for your personal data (collectively referred to as ”Buy Plumbing Online”, “we”, “us” or “our” in this privacy notice). We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy officer using the details set out below.

Contact Details
Our full details are: Buy Plumbing Online, Site 4, Blarliath Industrial Estate, Tain, IV19 1EB.

Data Privacy Officer: [email protected]

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Your Duty to Inform Us of Changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. If you notify us of any changes to your personal information we will correct, update or remove your data as speedily as possible. If you would like us to, correct, amend or update your information please e-mail us at [email protected].

Information We Collect From You
We may collect, use store and transfer the following different kinds of personal data about you:

• Name and contact details – this includes your name, title, billing address, delivery address, email address and telephone numbers
• Date of birth information
• Payment and Financial information – this may include your bank account and/or payment card
• Purchase history – this includes details about products you have purchased from us.
• Profile information – this includes your username and password for any systems or websites you have access to (for example Vaults)
• Marketing information – this includes your interests, your preferences in receiving marketing from us and your communication preferences
• Survey responses and competition entries
• Customer service history – this includes interactions with us over the phone, by email or letter, via the website or on social media
• Record of any complaints and related communications
• Information about your device and how you use our website and apps – this includes information you give us when you browse our websites or apps, including your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, as well as how you use our websites and apps.

Unless we have told you otherwise in a specific privacy notice, we do not collect any special categories of personal data about you.   This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.

How We Collect Your Personal Data
We use different methods to collect data from and about you including through:

• Direction interactions: you may give us your name and contact details and payment information when purchasing a product from us or by corresponding with us by post, phone, email or otherwise.   This includes personal data you provide when you:
  • Create an account with us;
  • Register on our website;
  • Purchase a product from us;
  • Subscribe to our mailing lists or newsletters;
  • Request marketing to be sent to you;
  • Take part in a competition, promotion or survey;
  • Trade in a branch via CCTV records; and
  • Give us some feedback.
• Automated technologies or interactions: As you interact with our website and our apps, we may automatically collection information about your device and how you use our website and apps.   We collect this personal data by using cookies, server logs and similar technologies.   For more information on cookies, please see our cookie policy.
• Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources such as:
  •  Information about your device and how you use our websites and apps from analytics providers such Google based outside the EU

Name and contact details, payment information and purchase history from providers of technical, payment and delivery services.

Uses Made of the Information
 We (and our trusted partners acting on our behalf) use information held about you in the following ways:

• Where we need to perform the contract we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• Where we need to comply with a legal or regulatory obligation;
• For certain processing purposes, we may request your consent to authorise the processing. 

Our legitimate interests include:

• Selling and supplying goods and services to our customers;
• Protecting customers, employees and other individuals and maintaining their safety, health and welfare;
• Promoting, marketing and advertising our products and services;
• Sending promotional communications;
• Performing market research;
• Understanding our customers’ behaviour, activities, preferences and needs;
• Improving existing products and services and developing new products and services;
• Complying with our legal and regulatory obligations;
• Preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies;
• Handling customer contacts, queries, complaints or disputes;
• Use of CCTV to record in branch trading. Our CCTV records are typically held for between 28 – 32 days only determined by the type of CCTV equipment, when it is then automatically overwritten. Copies of CCTV footage should be requested via our data protection officer.  
• Managing claims by customers;
• Protecting Buy Plumbing Online, its employees and customers, by taking appropriate legal action against third parties who have committed criminal acts or are in breach of legal obligations to Buy Plumbing Online;
• Effectively handling any legal claims or regulatory enforcement actions taken against Buy Plumbing Online; and
• Fulfilling our duties to our customers, colleagues, shareholders and other stakeholders.

Who We Share Your Data With
We will share your personal information with the following bodies.  Please note that we will never sell or rent our customer data to other organisations for marketing purposes:

• Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
• Selected third parties including:
  • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
  • advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
  • market research companies that require the data to fulfil marketing and research activities;
  • analytics and search engine providers that assist us in the improvement and optimisation of our site;
  • credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• If Wolseley or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• Governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so: -
  • to comply with our legal obligations;
  • to exercise our legal rights (for example in court cases);
  • for the prevention, detection, investigation of crime or prosecution of offenders; and
  • for the protection of our employees and customers.
     
• Other companies and organisations for the purposes of fraud protection and credit risk reduction.
• In order to make certain services available to you, we may need to share your personal data with some of our service partners.  These include IT, delivery and marketing service providers.

How long do we keep your data?
 We will not retain your data for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of data. Please contact us if you require further details.

Security
We’re committed to keeping your personal data secure and have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.  We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

To help us keep your personal information secure you should:

• Keep your password and any account details secret;
• Never distribute the URL’s for pages that you have looked at while logged in as a registered customer.

International Transfers
To deliver products and services to you, it is sometimes necessary for Buy Plumbing Online to share your data outside the European Economic Area ("EEA"). It will be processed by staff operating outside the EEA who work for us or for one of our suppliers.   We will only do this if there are appropriate safeguards in place to make sure your personal data receives the same protection as when it is being processed inside the EEA.  By submitting your personal data, you agree to this transfer, storing or processing.

Internet
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us over the internet or to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your Rights
You have legal rights relating to your personal data. You can get more information on each of the rights we’ve summarised below by taking a look at the glossary in the bottom section of this privacy notice:

• The right to request access to your personal data.
• The right to request correction of your personal data.
• The right to request erasure of your personal data.
• The right to object to processing of your personal data or to withdraw consent. Remember, you can always stop direct marketing messages by clicking on an unsubscribe link in any of our emails or getting in touch via email, phone or post.
• The right to request restriction of processing your personal data.
• The right to request a transfer of your personal data to another service provider.

If you wish to exercise any of the rights set out above or if you have any questions or a complaint, please contact us at:

Data Privacy Officer
Wolseley UK Limited
2 Kingmaker Court
Warwick Technology Park
Gallow Hill
Warwick
CV34 6DY
E-mail: [email protected]

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We will do our best to respond to legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary
We recognise that some of the privacy law terminology can be a bit complicated, so we have set out below some further detail on some of the terms used in this policy:

Lawful Basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. For example, where we are sending you a product you have purchased from us or where you have entered a competition on our website, we will be processing your personal data on the basis that it is necessary for us to do so in order to perform a contract between us.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Your Legal Rights
You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Also, please note that in some of our systems we may not be able to completely erase your data due to technical limitations.  However, in this case we will obfuscate/scramble your data, so it cannot be read or restored.  In this instance we will notify you where this occurs.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Cookie Policy 

Cookie Use Policy

A cookie is a small data file which is placed on your computer or other mobile or handheld device as you browse a website.   They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.  A cookie can help analyse web traffic or can let a website operator know when you visit a particular site.  Cookies allow web applications to respond to you as an individual by tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

The Buy Plumbing Online website uses cookies to collect information about, for example, the way you use our website.  Please be assured that Buy Plumbing Online does not use cookies to collect personally identifiable information about you.   We have set out below a list of cookies used on our website, along with a definition of each cookie’s use.

How to control and delete cookies
We understand that some people may have concerns about cookies; we believe, however, the benefit that you and Wolseley gain from their proper use is worthwhile. You can delete the files that contain cookies – these files are stored as part of your Internet browser. If you wish to restrict or block the cookies which are set by [www.buyplumbingonline.co.uk] or any other website, or if you wish to receive notification of cookie placement requests or decline cookies completely, you can do this through your browser settings. The Help function within your browser should tell you how. Please be aware that declining or denying cookies may prevent you from being able to use our website to its highest capacity.

Alternatively, you may wish to visit www.aboutcookies.org which contains comprehensive information on how to control or delete cookies on a wide variety of browsers.  For information on how to do this on the browser of your mobile device you will need to refer to your manual.

Cookies used by Buy Plumbing Online 
This is a list of the main cookies set by Buy Plumbing Online on our website, and what each is used for:

• Cookie name: WebBuilderAcceptCookies
• Cookie use: This cookie records the fact that the user has accepted the cookie policy. It is also used by the password change functionality if the site is configured to allow a password change email link to be sent to the user upon a change request. This records a unique login key generated for additional security when the user requests a password change, in order to validate that the person following the email link is the same person who requested it.
• Cookie duration: 60 days
• Host: Dependant on the URL used for the web site
• Definition:

• Cookie name: WebBuilderBranchCookie
• Cookie use: When the OneOffice backoffice is licensed and the branch selection is enabled cookie information is recorded of which branch has been selected by the user. This is used by Web Builder to check stock availability and route the customer’s orders for the selected branch.
• Cookie duration: 60 days
• Host: Dependant on the URL used for the web site
• Definition:

Your rights

Wolseley is required to comply with the provisions of the Data Protection Act 1988. This provides amongst other things that the data we hold about you should be processed lawfully and fairly. It should be accurate, relevant and not excessive. The information should be kept up to date, where necessary, and not retained for longer than is necessary. It should be kept securely to prevent unauthorised access by other people. You have the right to see what is held about you and for any inaccuracies to be corrected.

Change Browser Settings

If you don’t change your browser settings and continue to use our site, we will assume that you consent to us continuing to download cookies onto your device.

Whether or not you allow us to download cookies is up to you, but if you choose to disable cookies by changing your Browser Settings, our Website and its features may not necessarily work in the same way or produce the same personalised experience. If you delete all of your cookies, you will have to update your preferences with us again. If you use a different device, computer profile or browser you will have to tell us your preferences again.

You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu

For a video about cookies visit www.google.co.uk/goodtoknow/data-on-the-web/cookies

UK Modern Slavery Act 

Overview

Wolseley UK Limited is a leading specialist distributor of plumbing, heating, cooling & infrastructure products to trade customers, predominantly supplying professional contractors. Wolseley operates several businesses within the United Kingdom (UK) construction market covering both repairs, maintenance and improvement (RMI) and new construction. The businesses hold leading market positions and are supported by a single national distribution network. The market sectors covered are the residential, commercial building and infrastructure markets.

This statement has been published in accordance with Section 54 of the UK Modern Slavery Act 2015 and describes the steps Wolseley UK Limited and its group of companies have taken during the financial year ending July 31st 2021 to prevent slavery and human trafficking in our businesses and supply chain. The Group has increased since the last report due to organic growth and the acquisition of new businesses.

This statement has been prepared in accordance with legislation, taking account of Home Office guidance and best practice.

Structure and Supply Chain

Wolseley operates in the UK through 638 branches. We employ 5,631 full time staff and 70 contractors. Wolseley has approximately 3,000 suppliers and 400,000 stock keeping units. Our suppliers are predominantly based in the UK. Suppliers in the UK account for 98% of our spend. The Group serves a diverse trade customer base, with approximately 77,000 active trade customers.

Company Policies

Wolseley has a policy framework in place to address human rights and modern slavery: 

Code of Conduct. Our Code of Conduct includes a section on modern slavery and our commitment to the principles of the UN Global Compact and the Universal Declaration of Human Rights. We expect our suppliers to adhere to this Code and adopt similar ethical standards. This applies to suppliers of products, manufacturer-partners and goods not for resale.

Supplier and Product Integrity.  All suppliers must meet the requirements of our Supplier Integrity Programme and maintain an approved status on our system called Alliance. All suppliers are required to read and agree to Wolseley’s Modern Slavery and human rights policy. Suppliers identified as high risk are audited by our Quality team. Modern slavery forms part of this audit and we include the suppliers own supply chain.  Suppliers are required contractually to comply with the Modern Slavery Act by our terms and conditions and the Code of Conduct. 

Whistleblowing Policy. Our Whistleblower Policy and Speak Up! hotline provide a confidential mechanism for employees to report, anonymously if preferred, any incidents of unfair treatment or failure to follow our Code of Conduct. All reports to the hotline are reviewed and, where necessary, with the outcome reported to Audit Committee of the Board of Directors.

The policy framework is supported by a training programme for employees.

Risk Assessment

Wolseley uses a risk-based approach to prioritise our audit activities.  The approach we use for goods for resale considers: i) The prevalence of forced and child labour in the country of origin based on the Global Slavery Index, ii) Levels of corruption in the country of origin as reported by the Transparency International Corruption Index, and iii) The risk of modern slavery in the industry sector.  The highest risk we have identified for goods for resale relates to partner arrangements we have with manufacturers in China for own brand products. 

We also use the risk-based approach for goods not for resale. Here the main risks relate to the limited use of agency workers at Distribution Centres, the manufacture of uniforms and vehicle cleaning. These risks are monitored and managed to ensure they comply with our contractual requirements.

Our managed services business has certification to sustainable timber schemes run by the Forest Stewardship Council and the Programme for the Endorsement of Forest Certification. These certifications ensure wood is from well-managed forests and are both being revised to enhance the protection of labour involved in the timber process. 

Due Diligence

Wolseley has recently strengthened its risk management framework. Modern slavery forms part of the ‘compliance and governance risk’. Responsibility for goods for resale resides with the Quality and Supplier Integrity Team, while the Procurement Team are responsible for goods not for resale. The Quality team are supported by a dedicated sourcing team in Shanghai who undertake ethical audits on suppliers. A review of the risk is undertaken quarterly, and independent oversight is provided by the Assurance Team.  Training in the form of e-learning is available for employees.

Effectiveness of Measures

During the period there were no reports relating to modern slavery at any Wolseley location. If evidence of modern slavery of human rights abuses were found within any of our contracted suppliers, we would take immediate action to notify the appropriate authorities and work with the supplier to understand the situation. We would work with the supplier to implement corrective measures to help the affected employees and prevent further harm. In the event the supplier did not cooperate or implement the improvement we would terminate the contract and seek an alternative source. 

Future Plan

Wolseley is committed to improving our management of modern slavery and broader ethical requirements in the supply chain. This year, as planned, we joined the Stronger Together Initiative. Stronger Together is a multi-stakeholder business-led initiative aiming to reduce modern slavery particularly forced labour, labour trafficking and other hidden third-party exploitation of workers. We have used Stronger Together material to raise awareness of modern slavery and our subject matter experts have attended training courses. Our Supplier Integrity team have updated risk assessment and screen 1,300 Suppliers, which represents 98% of our spend, using the Dow Jones Risk Centre.

Our key priorities over the next year are to:  Extend the Stronger Together awareness and training courses to our top Suppliers though our Alliance programme; Require our top Suppliers to undertake a SEDEX audit.

This statement is made on behalf of all Wolseley UK Limited business pursuant to section 54(1) of the Modern Slavery Act. It has been approved by the Wolseley UK Limited Board of Directors and signed on its behalf by:

Nicky Randle

General Counsel & Company Secretary

Terms and Conditions of Sale 

Buy Plumbing Online
Terms and Conditions of Sale effective December 2018

Definitions

1. How to read these terms.

1.1. In these Terms, words and phrases that start with a capital letter have the meanings set out in the table at the end, in clause 21.

1.2. A reference to a “person” includes an individual or a business (however it is formed).

1.3. A reference to a piece of legislation (for example, an act of Parliament), should be interpreted as a reference to that legislation as amended or re-enacted. It also includes any subordinate legislation made under it.

1.4. Words and phrases such as “including”, “includes”, “for example”, “such as” and “in particular” should be interpreted as illustrative, and are not intended to limit the description or list of words which follows.

1.5. In these Terms, “in writing” or “written” includes email but not fax.

2. Forming a Contract

2.1. If we accept your Order (which we may do at our discretion) then a binding Contract between you and us will come into existence.

2.2. Each Contract between you and us shall incorporate your Order, these Terms and any agreed Special Terms. If there is any conflict or inconsistency between them, then they shall be interpreted in the following order of precedence:

2.2.1. the Special Terms;

2.2.2. these Terms;

2.2.3. your Order.

2.3. Except as set out in clause 2.4, the terms of the Contract set out the entire agreement between you and us and shall apply to the exclusion of any terms and conditions that you seek to impose, or which could otherwise be implied by trade, custom, practice or course of dealing.

2.4. If the supply of Goods or Services to you is in circumstances which would give rise to a Construction Contract within the meaning set out in Part II of the Housing Grants Construction Regeneration Act 1996 then in the event of a conflict the provision of that Act and the Regulations made under them shall prevail over these Terms to the extent necessary to give effect to that

Act but not further or otherwise.

2.5. If we have given you a quotation, estimate or similar (whether in writing or orally) then this is merely an invitation to you to do business with us and not an offer which is capable of being accepted by you. However, if you wish to place an Order based on a quotation, estimate or similar then you must state the date, the reference of that quotation or estimate and address for delivery.

2.6. Any samples, drawings, descriptive matter, particulars of weight and dimensions or advertising issued by us are approximate only and intended purely as an indication of the Goods and Services that we offer, and shall not form part of the Contract.

3. Collection and Delivery

3.1. Unless we have agreed in writing to deliver the Goods to you (in which case clause 3.2 applies), you agree to collect the Goods from Our Premises, within 5 days from the time that we tell you that the Goods are ready for collection. If you fail to collect the Goods within 5 days then we may (at our option):

3.1.1. store the Goods and charge you a fee for doing so; or

3.1.2. cancel your Order.

3.2. Where we have agreed to deliver the Goods to you, then we shall do so at your risk and cost, using a delivery method chosen by us (at our discretion) and to such address in the United Kingdom as is agreed between you and us or, if no such address is agreed, to any address of yours to which we have previously sent correspondence and/or Goods.

3.3. If we or our agents arrive at the delivery address as set out in clause 3.2 and are unable to deliver the Goods for any reason, then you agree to pay a reasonable additional charge for us to make an additional visit, as well as any costs we incur in storing the Goods.

3.4. If we have given an indication of dates or times for collection or delivery, then you agree that these are estimates only. Time is not “of the essence” in relation to the performance of any of our obligations under the Contract.

3.5 You agree that we will not be liable for any costs or losses (direct or indirect) that you may incur as a result of any delays to delivery where this is caused by events, circumstances or causes beyond our reasonable direct control or by your failure to give us adequate delivery instructions.

3.6. Delivery shall be deemed to have been completed when the first of the following take place:

3.6.1. The Goods are made available for unloading at the delivery address set out in clause 3.2;

3.6.2. The Goods are collected by you or any person acting on your behalf; or

3.6.3. The Goods are deposited at the delivery address set out in clause 3.2 notwithstanding that your representative is not present at the time of the deposit.

3.7. You agree:

3.7.1. to inspect the Goods as soon as reasonably possible after we have delivered them, or you have collected them (whichever is the case); and

3.7.2. to inform us immediately if you discover that the Goods do not comply with your Order or the warranty set out in clause 8.1.

3.8. We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

4. Cancellation of Your Order

4.1. Before we have informed you that the Goods are ready for collection or delivery, we only permit you to cancel or change an Order with our written permission in advance.

4.2. Where the Goods have already been collected or delivered, then we will only accept returns if:

4.2.1. we have agreed in writing;

4.2.2. the Goods are returned within three weeks of collection or delivery;

4.2.3. the Goods are new and unused;

4.2.4. all packaging is unmarked, unlabelled and undamaged;

4.2.5. you provide the invoice number, date and reason for return; and

4.2.6. you agree to pay such reasonable restocking charge as we require.

5. Price and Payment Terms

5.1. The price for the Goods and Services shall be our standard list price for the Goods and Services at the date of collection or delivery (less any discount that we have previously agreed with you in writing), which (unless otherwise agreed) is exclusive of the cost of packaging, insuring, transporting or storing the Goods. for which we may charge an additional amount. You agree

that we may vary our prices at any time up to the date of collection or delivery.

5.2. Unless otherwise expressly stated by us in writing, all prices are exclusive of VAT chargeable from time to time.

5.3. You agree to pay our invoices in full (in cleared funds) within 30 days of the end of the month in which the invoice is dated.

5.4. If you are late in paying our invoices, you agree to pay interest on the overdue amount and compensate us for our debt recovery costs under the Late Payment of Commercial Debts (interest) Act 1998. This obligation applies whether or not we have obtained a court judgment against you and is in addition to all other rights that we have under these Terms or generally at law. If you are any other type of business and are late in paying, we have legal rights to claim for our losses and to claim statutory interest from you.

5.5. In addition, as soon as you are late in paying any of our invoices, then all our other invoices to you (under all contracts) will become immediately and automatically due and payable and we will have a right to charge interest as described in clause 5.4.

5.6. You agree that if you wish to pay our invoice by credit card then we are entitled to add an invoice surcharge to reflect the administrative costs that we incur in processing unregulated credit card payments. The rate of any such surcharge may be found at www.wolseley-terms.co.uk.

5.7. You agree to pay all sums due under the Contract in full and without any set-off, counterclaim, deduction or withholding.

5.8. You agree that we may use any payment made by you to settle any of our outstanding invoices at our discretion, even where you have indicated that a payment relates to a specific invoice.

6. Title and Risk

6.1. Risk in the Goods shall pass from us to you on the completion of delivery or collection.

6.2. If you are an incorporated entity or partnership with four or more partners, title to the Goods shall pass to you only when you have:

6.2.1. paid for the Goods in full (in cleared funds);

6.2.2. paid for any other goods that we have supplied to you under any contract.

6.3. If you are any other type of business title to the Goods shall pass to you only when you have paid for the Goods in full (in cleared funds).   Title to all other Goods supplied to you will pass to you, except that we will retain title to all Goods supplied to the extent that those Goods remain in your possession or control and there are any outstanding liabilities to us at any time under any Contract.

6.4. Until title to the Goods has passed to you, you agree:

6.4.1. to store the Goods separately from all other goods and in such a way (with appropriate labelling) that enables them to be readily identified as being our property;

6.4.2. to keep the Goods in a satisfactory condition and insure them for the full price against all usual risks such as accidental damage, fire and theft.

6.5. Subject to clauses 6.5 and 6.6, we permit you to sell the Goods in the normal course of your business but on the basis that you hold the proceeds of sale on trust for us, and you shall account to us for them.

6.6. We may revoke our permission for you to sell the Goods (under clause 6.4) immediately if:

6.6.1. you are late in settling any of our invoices (under the Contract or any other contract between us) by more than 7 days;

6.6.2. any cheque or similar instrument from you is not honoured; or

6.6.3. an Insolvency Event occurs.

6.7. Where we have revoked our permission for you to sell the Goods, then you shall make the Goods available for us to collect and allow us to enter your premises in order to do so, with no liability to account to you for any damage that we may cause.

7. Termination and Suspension

7.1. In addition to any other rights we may have available to us (whether under these Terms or generally at law), we may terminate the Contract, in full or partially, or any other contract between us, or stop performing our obligations under this and any other contract between us if:

7.1.1. You fail to pay on time any money that you owe to us (under this Contract or any other);

7.1.2. You refuse to take delivery or collect any of the Goods as required by the Contract;

7.1.3. An Insolvency Event occurs;

7.1.4. You breach the Contract in any way;

7.1.5. You refuse to permit or hinder performance of the Services.

7.2. We may terminate, in full or partially, or suspend our obligations under the Contract where we experience supply shortages. In such circumstances, the Contract shall be varied so that your obligation to purchase Goods under the Contract shall remain binding to the extent that we are able to meet your Order.

7.3. We will operate an overall exposure limit in relation to you.  This will be the maximum amount of unpaid for Goods or Services we will supply to you.  If you reach this limit, we may refuse to supply further Goods or Services to you.  We shall be entitled to require as a condition of resuming performance under this agreement the payment by you of any or all of the sums that you owe to us under any Contract.

7.4.  If we suspend performance of our obligations because of any of the events specified in clause 7.1 and/or pursuant to clause 7.3, then we may require you to make a pre-payment of any charges under the Contract or provide us with some other form of security as a condition of us resuming performance of our obligations. In addition, if any of the events specified in clause 7.1 occurs then you agree that we will have a general lien over all monies and other property of yours that we have in our possession for any sums due to us from you.

8. Warranty

Goods

8.1. Subject to clause 8.3, we warrant that for a period of 12 months from delivery or collection the Goods shall:

8.1.1. be of satisfactory quality and free from material defects in materials and workmanship;

8.1.2. be free from material defects in design (except where the design was provided to us by you or on your behalf);

8.1.3. conform in all material respects with their description.

8.2. If the Goods do not comply with the warranty set out in clause 8.1 then our only obligation under the Contract or otherwise is to repair or replace any non-complying Goods or to refund the price you have paid for them, at our option, but only if:

8.2.1. You notify us in writing as soon as possible and in any event within 7 days after you discover that the Goods do not comply with the warranty set out in clause 8.1; and

8.2.2. You give us a reasonable opportunity to inspect the relevant Goods and for that purpose, at our request, you will return the Goods to us promptly at your risk and expense.

8.3. We will have no liability under the warranty set out in clause 8.1 if:

8.3.1. the Goods have not been stored correctly and safely;

8.3.2. you or anyone else has altered or attempted to repair the Goods;

8.3.3. the Goods have not been used, serviced or maintained correctly and in accordance with any recommendations made by us or in accordance with the purpose intended by the manufacturer of the Goods;

8.3.4. the Goods have been fitted or incorporated into any parts, components, accessories or other equipment except in accordance with good industry practice, our recommendations or the recommendations and instructions of the manufacturer of the Goods.

8.4. You agree that it is your responsibility to ensure that the Goods you have ordered are fit for the purpose for which you want to use them. For that reason, we give no warranty (and no warranty shall be implied) that the Goods are fit for any particular purpose.

8.5. At your request, we shall use our reasonable endeavours to transfer to you the benefit of any guarantee in respect of the Goods available from the manufacturer, but we reserve the right to require you to pay our costs of doing so.

Services

8.6. We warrant that we will provide the Services using reasonable care and skill.

8.7. We agree to use reasonable endeavours to perform the Services in accordance with any time frames that you have made known to us in writing or that we have previously communicated to you, but you agree that any such times are estimates only.

8.8. You agree that it is your responsibility to ensure that the Services to be provided are fit for your purposes. For that reason, we give no warranty (and no warranty shall be implied) that the Services are fit for any particular purpose.

8.9. If, in our reasonable opinion, the Services do not materially comply with the warranty set out in clause 8.6 then our only obligation under the Contract or otherwise is to re-perform the relevant Services or to refund the price you have paid for them.

9. Limitation of Liability

9.1. Nothing in these Terms limits our liability for:

9.1.1. death or personal injury resulting from our negligence, or the negligence of our employees, agents or subcontractors;

9.1.2. fraud or fraudulent misrepresentation;

9.1.3. a breach by us of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

9.1.4. a breach by us of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

9.2. Subject to clause 9.1, you agree that your only remedy for:

9.2.1. a failure by the Goods to comply with the warranty in clause 8.1 is as set out in clause 8.2; and

9.2.2. a failure by the Services to comply with the warranty in clause 8.6 is as set out in clause 8.9,

and you agree that it is therefore your responsibility to obtain suitable policies to insure against any liability arising from your use of the Goods and Services.

9.3. Except as set out in clauses 3.4, 8.2 and 8.9, and subject to clauses 9.1, 9.2 and 9.4, our liability for all claims under a Contract shall be limited to the price of the Goods or Services to which the claim relates or, if higher, the amount of money that we are able to recover from the manufacturer of the relevant Goods (having deducted our costs of recovering that money).

9.4. We shall in no circumstances be liable to you for:

9.4.1. any indirect or consequential loss;

9.4.2. actual or expected profit or savings;

9.4.3. loss of data;

9.4.4. loss of production;

9.4.5. loss of profit;

9.4.6. loss of or damage to goodwill;

9.4.7. loss of business, agreements or contracts;

9.4.8. any loss or damage arising out of your special circumstances; and

9.4.9. any loss which would not have arisen if you had complied with your obligations in clause 3.7.

9.5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

9.6. This clause 9 shall remain in force even after the Contract has come to an end for whatever reason.

9.7. Any Original Equipment Manufacturer (OEM) part numbers provided by us are given as a reference only, and no inference or implication beyond that of a useful reference tool should be taken nor is intended.

10. Intellectual Property Indemnity

10.1. Where the Goods are manufactured or altered in any way (by us or on our behalf) in accordance with your specification, direction or instructions, or where we provide Services in accordance with your specification, direction or instructions, you agree to indemnify us and hold us (and each member of Our Group) harmless against all losses (whether direct, indirect or consequential),

damages, costs and expenses awarded against us or incurred by us and whether, wholly or partially, resulting directly or indirectly from any claim that we or any member of Our Group have infringed the Intellectual Property Rights of any person.

11. Force Majeure

11.1. We shall have no liability whatsoever for any failure to perform, or for any delay in the performance of any of our obligations under the Contract where this arises wholly or in part from events, circumstances or causes beyond our reasonable direct control.

12. Ani Bribery and Corruption

12.1. You shall not, and you shall procure that your directors, employees, agents, representatives, contractors and sub-contractors shall not, engage in any activity, practice or conduct which would constitute an offence under any anti-bribery or anti-corruption laws, regulations and codes, including the Bribery Act 2010.

12.2. You agree that you have put in place adequate procedures designed to prevent any person working for or engaged by you or any other person in any way connected to this Contract, from engaging in any activity, practice or conduct which would infringe any anti-bribery and anti-corruption laws, regulations and codes, including the Bribery Act 2010.

12.3. Any breach by you of this clause 12 entitles us to terminate the Contract by written notice with immediate effect.

13. Modern Slavery Act

13.1. We agree to comply with:

13.1.1. the requirements of the Modern Slavery Act 2015 including, where applicable, the requirement to publish a supply chain transparency statement under Section 54 of the Modern Slavery Act 2015; and

13.1.2. our own compliance policies in connection with the Modern Slavery Act 2015.

14. Confidentiality

14.1. You agree:

14.1.1. to keep Buy Plumbing Online Confidential Information confidential and only disclose it to those of your employees, agents, representatives and contractors who need to know it in order for you to receive Goods and Services from us under the Contract;

14.1.2. on our request to promptly return to us all documents and other materials that we have provided to you.

14.2. You may disclose Buy Plumbing Online Confidential Information without breaching this clause if you are required to by law, a court of competent jurisdiction or any governmental or regulatory authority, but you agree to tell us in advance.

14.3. This clause 14 shall remain in force even after the Contract has come to an end for whatever reason.

15. Export

15.1. You agree that this clause 15 applies where we supply you with Goods for export outside of the United Kingdom (regardless of whether or not we were aware that the Goods would be exported).

15.2. The ICC (International Chamber of Commerce) 2010 Rules for the Use of Domestic and International Trade Terms (“Incoterms”) shall apply. We shall provide the Goods on the basis of the EXW (ex works) Incoterm unless we have agreed otherwise in writing.

15.3. You agree to reimburse us for any expenses we incur in providing the Goods for export, including:

15.3.1. postage, packaging, carriage, freight, and handling charges;

15.3.2. insurance;

15.3.3. currency conversion and banking charges applicable to the payment method used; and

15.3.4. any customs or other duties incurred in respect of the sale, export and import of the Goods.

15.4. You agree that:

15.4.1. you are responsible for complying with all applicable laws relating to the possession, use, import, export, or resale of the Goods;

15.4.2. you are responsible for obtaining, promptly and at your own cost, all licences and other consents in relation to the Goods that are required from time to time and, if we request, you agree to provide copies to us in advance of any export taking place;

15.4.3. if for any reason you do not obtain all necessary licences or other consents in relation to the Goods then this does not relieve you of your obligation to pay for the Goods;

15.4.4. we do not warrant that the Goods will be eligible for any licences or consents in any destination;

15.4.5. you will not export or re-export the Goods in a manner contrary to applicable export laws of any jurisdiction into or through which the Goods are transported, including supplying the Goods to any entities or countries which are subject to sanctions or are ineligible to purchase the Goods under such laws;

15.4.6. you will ask us in advance in writing if you require us to assist you with preparing any documents to allow to expert the Goods in compliance with any relevant laws.

15.5. Unless we have agreed otherwise, all payments made by you for the Goods will be in pounds sterling in cleared funds.

15.6. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply.

15.7. If you do not have an address for service within the United Kingdom, you agree to provide written details of your designated service agent within the United Kingdom on request. You irrevocably appoint and authorise your designated service agent to accept service on your behalf of all legal process. Service on your designated service agent (or any such substitute) shall be

deemed to be service on you.

16. Data Protection

16.1. For the purposes of the Contract, the parties acknowledge that each party shall act in the capacity of Controller in relation to the Personal Data that it Processes and that neither party shall act in the capacity of a Processor in respect of Personal Data to which the other party is the Controller for the purposes of the Contract. Each party, when performing its obligations under

the Contract, shall comply with its respective obligations under Data Privacy Laws.

16.2. You agree that you have obtained all necessary rights, permissions and consents prior to disclosing any Personal Data to us.

16.3. We will comply with our Privacy Policy in relation to any Personal Data we collect about you. A copy of the Privacy Policy can be found at www.buyplumbingonline.co.uk.

16.4. If at any time we act as the Processor of any Personal Data on behalf of you, our Data Processor Terms shall apply and shall be incorporated into these Terms as if the same were set out here in full. A copy of these terms can be found at www.buyplumbingonline.co.uk.

17. Environmental and Recycling

17.1. You are responsible for dealing with all items of waste electrical and electronic equipment (“WEEE”) that we supply to you in accordance with the Waste Electrical and Electronic Equipment Regulations 2013, in particular as regards its treatment, recycling and environmentally sound disposal.

17.2. Unless we have informed you otherwise, you shall be responsible for dealing with all packaging that we provide to you in an environmentally sound manner.

18. Entire Agreement

18.1. The Contract sets out the entire agreement between you and us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

18.2. We each acknowledge that in entering into the Contract you and we are not relying on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation, or negligent misstatement

based on any statement in the Contract.

18.3. Nothing in this clause shall limit or exclude any liability for fraud.

19. Third Parties

19.1. These Terms do not create any right or remedy enforceable by any person under the Contracts (Rights of Third Parties) Act 1999.

20. General Matters

20.1. Unless we have agreed in writing in advance, you are not permitted to assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under the Contract.

20.2. Any notice required to be given in writing under the Contract shall be given by first class post addressed to the registered office of the party to whom it is sent. Notices may not be given by fax or email.

20.3. If any provision or part-provision of the Contract (including these Terms) is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or partprovision

under this clause shall not affect the validity and enforceability of the rest of the Contract.

20.4. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise

of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

20.5. The Contract shall not create an agency or partnership between you and us.

20.6. No variation of or addition to the Contract (including these Terms), whether written or oral, shall have effect unless and until agreed in writing by a duly authorised manager of both parties to the Contract.

20.7. The Contract and any dispute or claim under it (including non-contractual disputes and claims) shall be constructed according to and be governed by the laws of Scotland or the laws of England depending upon the location of the point of delivery and any dispute shall be referred to the Courts of Scotland or England accordingly.

Defined Terms

Website Terms and Conditions 

1. Website Operator

   1. 1.1 This website is operated by Wolseley UK, (registered number 00636445, VAT registration No. GB 362 0233 93) whose registered office is at 2 Kingmaker Court, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DY. Tel 01926 705000 e-mail:[email protected]
   2. 1.2 Wolseley UK grants you a non-exclusive licence to use this website upon the following terms and conditions.

2. Copyright

   1. All the content provided on this site is the property of Wolseley UK Limited or its suppliers and protected by U.K. and International Copyright Law as is the software used in the real time publication of this website. Any use, except for the purposes of online procurement and information gathering, is strictly prohibited.

3. Use of Site

   1. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose save with the prior written consent of Wolseley UK.

4. Accuracy of Information

   1. 4.1 Wolseley UK and the companies whose products are depicted within this site do not represent or warrant the accuracy or reliability of any of the content or information contained, downloaded, linked or accessed through this website.
   2. 4.2 Any reliance which you place upon any information contained on this website or on any website to which this website is linked will be at your sole risk and it is solely your responsibility to ensure that any product or service about which information is published on this website meets your requirements.
   3. 4.3 Wolseley UK reserves the sole and exclusive right in its absolute discretion to make any amendment, improvement, alteration or discontinuance of any of the information or content of this website without notice.

5. Linking

   1. 5.1 This website may contain links to other websites. Wolseley UK Limited accepts no responsibility or liability for the content of other websites which are not under the strict control of Wolseley UK . Any link is not intended to be, nor should be construed as, an endorsement of any kind by Wolseley UK of that other website.
   2. 5.2 You may not create a link to this website from another website or document without Wolseley UK’s prior written consent.

6. Liability

   1. 6.1 Wolseley UK does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site. Wolseley UK will not be liable for damage to, or viruses that may affect, your computer equipment, software, data or other property as the result of your access to, use of or browsing of this website or your downloading of any materials, data, text or images.
   2. 6.2 The information and content of this website are provided by Wolseley on an "As is" basis and Wolseley expressly disclaims all and any warranties, express or implied to the fullest extent permitted by applicable law including without limitation warranties of satisfactory quality, merchantability or fitness for a particular purpose in respect of any of the services, products or information contained on this website.
      To the fullest extent permitted by applicable law (excepting in respect of death or personal injury arising from Wolseley's negligence) wolseley centers limited excludes liability for any claims, losses, demands or damages of any kind whatsoever with respect to the content of this website and the materials and products and services referred to in the website including without limitation direct, indirect, incidental or consequential loss or damages howsoever arising and whether in statute, contract or tort.

7. Privacy

   1. 7.1 Wolseley UK’s privacy policy can be seen by clicking on the privacy link below. This privacy policy forms part of these terms and conditions.

8. Complete Agreement

   1. 8.1 These terms and conditions (including the privacy statement referred to in clause 7) contain all the terms which you and Wolseley UK have agreed in relation to the use of the website. Additional terms and conditions will apply when you order goods.

9. Applicable Law and acceptance of these terms and conditions

   1. 9.1 This site is intended to promote the sale of products within the United Kingdom only and is not intended for use by any persons outside of that area. Any disputes arising in connection with the use of this website will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
   2. 9.2 You own the Goods once we have received payment in full and cleared funds for all sums due from you under the Contract, including all applicable delivery charges.

Terms and Conditions of Purchase 

Buy Plumbing Online Ltd
Standard Terms of Purchase for Goods and/or Services

These terms and conditions are for consumers only. If you are a business customer, the terms and conditions for trade buyers available at Trade Terms and Conditions.

Introduction

This page tells you the terms and conditions on which we will supply you with Goods from our website at www.wolseley.co.uk. Please read these them carefully before ordering, and before each occasion on which you purchase from us. By placing an order you agree to be bound by these Terms and Conditions (including any hyper-linked sections). These Terms and Conditions were updated on 1st July 2019. We reserve the right to make changes to them in future. Any changes will be posted to the Website and will take effect immediately. You may want to print a copy of these Terms and Conditions for future reference.

1. Definitions

   1. 1.1 In these Terms and Conditions (unless the context otherwise requires):
      • Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession;
      • Contract means any contract for the sale and purchase of the Goods made between you and us;
      • Goods means the products, articles or things to be supplied by us to you;
      • Return of Goods means the policy detailed at Clause 12 that deals with the return of Goods by you to us;
      • Territory has the meaning as set out in Clause 6.1;
      • we means Wolseley UK Limited, a company registered in England and Wales with company number 00636445 and whose registered office is at 2 Kingmaker Court, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DY and whose VAT registration number is 362023393 and “us” and “our” shall be construed accordingly;
      • you means the Consumer that places an order with us and “your” shall be construed accordingly.
   2. 1.2 The headings to the Terms and Conditions are intended for reference only and are not intended to affect interpretation of the Terms and Conditions.
   3. 1.3 References to any laws are intended to refer to that law as from time to time amended, extended or re-enacted.
   4. 1.4 These Terms and Conditions, and any Contract, are only in the English Language

2. Information about us

   1. 2.1 The Website is owned and operated by us and our contact details are:
      1. (a) 2 Kingmaker Court, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DY;
      2. (b) Email: [email protected];
      3. (c) Contact Centre telephone number: 0344 891 0196.

3. Your Status

   1. 3.1 In placing an order with us, you confirm that:
      1. (a) you are legally capable of entering into binding contracts;
      2. (b) you are at least 18 years old;
      3. (c) you are resident in the Territory (see Clause 6.1 below); and
      4. (d) you are accessing the Website from within the Territory (see Clause 6.1 below).

4. Basis of the Sale

   1. 4.1 These Terms and Conditions (including the Return of Goods Policy) shall be incorporated into each and every Contract made between us and you.
   2. 4.2 All sizes, weights, capacities, dimensions and measurements and images issued by us or displayed by us on our Website, are approximate and for guidance purposes only and any reference to them, or any other representation of any Goods, is not intended to form the basis of any Contract.

5. Orders

   1. 5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Once you have chosen the Goods you wish to purchase from the Website you will select to have the Goods delivered or to reserve and collect the Goods from one of our branches. You are responsible for ensuring the accuracy of your order. Our order process allows you to check and amend any errors before submitting your order to us. Following an order being placed by you, we will send an e-mail acknowledging that such order has been received. This e-mail does not constitute an acceptance of your order and all orders are subject to acceptance by us in accordance with Clauses 5.2 (in the case of Goods for delivery) and 5.3 (in the case of Goods for collection) below. We reserve the right to reject an order for any reason.
   2. 5.2 In the case of Goods for delivery, we will contact you to confirm a convenient delivery time and date. We are not able to process or deliver orders on UK Bank Holidays, Saturdays and Sundays and days designated for stock take. Your order will be accepted and the Contract will be formed between you and us (and becomes legally binding) at the point at which we notify you that we have dispatched the Goods to you unless:
      1. (i) we have notified you that we do not accept your order;
      2. (ii) you have cancelled it (Please refer to the Returns and Refunds Clause below); or
      3. (iii) the order is for collection (Please refer to Clause 5.3 below).
      4. We cannot accept an order until payment is received in full for all Goods and any related delivery charges.
   3. 5.3 In the case of orders for collection by you, we will contact you, on the contact telephone number you provided during the order process, when the Goods are available for collection. The Goods will be reserved for 5 (five) working days from the date on which all Goods subject to the Contract become available for collection and if you have not collected the Goods by the expiry of this period we shall treat such order as cancelled. In the case of orders for collection, the Contract is formed between you and us (and becomes legally binding) at the time at which we allow you to remove the Goods from our premises following receipt of payment in full for the Goods and any delivery charges.
   4. 5.4 All orders are subject to stock availability and we reserve the right to correct obvious errors on our Website. If we are unable to supply any Goods that you have ordered, for example because the Goods are not in stock or because of an error in the price on our Website, we will inform you as soon as possible. In the event that an out-of stock item of Goods is part of your order, we will contact you using the contact details provided in your order to give you the option of amending your order to include only those Goods that we have in stock, in which case we will refund the purchase price of the out-of-stock or incorrectly priced Goods where payment has already been made.
   5. 5.5 We intend to rely on the written terms set out in these Terms and Conditions. If you require any changes, please make sure that you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we and you are required to do.
   6. 5.6 Certain Goods are the subject of a legally prescribed age restriction and must be collected from our premises. You are therefore required to confirm that you are over the age of 18. You acknowledge and accept that we may carry out further checks to verify your age and proof of age may need to be provided to us upon collection or delivery of the Goods before we are able to supply you with the Goods. We will notify you if your order contains any such Goods.

6. Delivery

   1. 6.1 The Website is only for the promotion of our products in the United Kingdom and Isle of Man (the Territory). We do not guarantee that we will deliver to customers outside of the Territory. Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations within the Territory. Such charges will be made clear to you before the Goods are supplied. If you require delivery outside of the Territory, please contact us to discuss whether we are able to deliver to the required delivery location and, if so, what the delivery charges will be. We reserve the right to refuse to accept orders from, or deliver products to, customers outside of the Territory.
   2. 6.2 We will deliver the Goods to the address specified for delivery by you in your order. It is important that this address is accurate and you are responsible for ensuring that it is.
   3. 6.3 We aim to provide you with an accurate date on which the Goods will be ready for collection or delivery (as applicable). All delivery times and dates are estimates. We will try our best to meet the delivery estimates we have given you but shall not be responsible for any failure to deliver Goods within these time frames. We will let you know if we cannot deliver your products within 30 days of the date of your order, and give you the opportunity to either wait for the Goods or cancel your order.
      1. (a) All delivery times and dates are estimates. This includes any indication of the length of time it will take us to deliver your order (or make it available for collection) that we give you, both as you progress through our shopping pages before you place your order, and when we confirm your order
      2. (b) Whilst we will try our best to meet the delivery estimates we have given you, we shall not be responsible for any failure to deliver Goods within these timeframes. We will let you know if we cannot deliver your Goods or make the Goods available for you to collect within 30 days of the date of your order, and give you the opportunity to choose to either cancel your order or give us a new deadline for delivery or to make the Goods available for collection (which must be reasonable) and comply with any revised indication that we give you of the date by which we expect to deliver or make available the Goods). You can cancel your order if we do not meet the new deadline
      3. (c) If you do choose to cancel your order for late delivery, we will refund any sums you have paid to us for the cancelled Goods and their delivery and, if the Goods have been delivered to you or collected by you, you will have to return them to us or allow us to collect them and we will pay the costs of this.
   4. 6.4 We will not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated delivery or collection date. We strongly recommend that you do not book fitters or tradesmen until the Goods have actually been delivered and checked by you.
   5. 6.5 When Goods are to be delivered and a delivery date has been arranged, you must ensure that someone is available at the address to accept the delivery. All deliveries must be received and signed for by a person over the age of 18.
   6. 6.6 We will always try to make one single delivery to you wherever possible to minimise any inconvenience. This means that when an order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order. This does not apply where you have specified that you will accept multiple deliveries during the order process on the Website. We reserve the right to deliver by way of instalments.
   7. 6.7 If we are unable to deliver your Goods on arrival at the delivery address for any reason, we will retain possession of the Goods and attempt to contact you for instructions. You have 30 days to take delivery of the Goods from the day on which we contact you for instructions, unless we reasonably consider the Goods are too bulky or valuable for us to store for 30 days, in which case you will have 15 days from the date on which we contact you for instructions. After this deadline has expired (including where redelivery is arranged and you are unavailable to take the redelivery), we may cancel the order and refund the purchase price, excluding any delivery charges. An additional charge for any return or re-delivery will be made in accordance with the standard delivery charges on our Website.

7. Loss or Damage to Goods

   1. 7.1 We request that you examine the Goods on delivery or on collection (as the case may be) as soon as reasonably possible to do so.
   2. 7.2 Where you wish to return Goods because they are damaged or defective, we request that you do so in accordance with our Return of Goods Policy.

8. Price

   1. 8.1 The price of the Goods and our standard charges for delivery shall be the prices given on the Website from time to time and as confirmed by us in our email sent to you in accordance with Clause 5.1 acknowledging that an order has been received. Such e-mail shall include any additional costs in respect of carriage, insurance, and/or storage (less any discount we allow). As stated in Clause 6.1 above, additional delivery charges may be applicable for certain Goods or for deliveries to certain locations within the Territory. We will notify you where such charges apply before the Goods are supplied and give you the opportunity to either accept the additional charges or cancel your order.
   2. 8.2 Prices of Goods or delivery charges as given on the Website are liable to change at any time. In addition, while we will try to ensure that all prices in our literature or on our website are accurate, errors may occur or the price may change for reasons beyond our control. If we do need to increase the price of the Goods (whether because we have discovered an error or for other reasons) then we may do so as long as we inform you as soon as possible and in any event before we notify you we have dispatched the Goods to you in accordance with Clause 5.2 or made them available in accordance with clause 5.3. In these circumstances, we will give you the option of either reconfirming your order at the correct price or cancelling it.
   3. 8.3 We will not change the price of our Goods, in relation to orders for which we have already contacted you to confirm the dispatch of the Goods in accordance with Clause 5.2 or where we have notified you that the Goods can be collected in accordance with Clause 5.3.
   4. 8.4 If we are unable to contact you pursuant to Clause 8.2 above using the contact details you provided during the order process we will treat the order as cancelled. In these circumstances if we do contact you pursuant to Clause 8.2 and you decide to cancel your order then, if you have already paid for the Goods, we will give you a full refund.
   5. 8.5 The price of the Goods is inclusive of VAT.
   6. 8.6 Payment for all Goods and delivery charges must be made by credit or debit card at the time the order is placed in the case. The Website will specify which cards we will accept from time to time. If it is not possible to obtain the full payment for the Goods and any delivery charges from the payment details you provided then the Contract can be cancelled by us and any further deliveries may be suspended.

9. Risk and Property

   1. 9.1 The Goods will be your responsibility:
      1. (a) where Goods are to be collected from our premises, from the time you collect the Goods from us; or
      2. (b) where Goods are to be delivered to you, at the time we deliver them to the address you gave us.
   2. 9.2 You own the Goods once we have received payment in full and cleared funds for all sums due from you under the Contract, including all applicable delivery charges, or when responsibility for the Goods passes to you under clause 9.1, if that happens later than you making payment.

10. Events Outside our Control

    1. If we are unable to supply you with the Goods you have ordered for any reason beyond our control and it is necessary to make alternative arrangements or offer you a substitute product, we will notify you and you will have the option to either accept the replacement product or cancel your order and receive a full refund.

11. Warranty and Liability

    1. 11.1 Subject to Clause 11.2, we offer a warranty to you that any Goods purchased from us through the Website will, on delivery and for the following 12 months, conform in all material respects with their description, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied.
    2. 11.2 We shall have no liability under the warranty provided in Clause 11.1 for:
       1. (a) any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval; or
       2. (b) any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection (if so required).
    3. 11.3 This warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
    4. 11.4 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
    5. 11.5 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    6. 11.6 We do not in any way exclude or limit our liability for:
       1. (a) death or personal injury caused by our negligence;
       2. (b) fraud or fraudulent misrepresentations.

12. Returns and Refunds

    1. This Clause 12 does not affect your legal rights, and further advice can be obtained from the Citizens Advice Bureau or Trading Standards office.
    2. 12.1 You have a legal right to cancel a Contract during the period set out below in Clause 12.2. However, this cancellation right does not apply in the case of the following Goods (unless they are faulty):
       1. (a) Goods made to your specifications or Goods which are either clearly personalised or which we identify as non-stocked goods ordered at your request (“Special Order Goods”). We will contact you to let you know if your order contains any such items;
       2. (b) sealed sensitive electronic Goods (e.g. boiler printed circuit boards) if sealed packages have been opened;
       3. (c) Goods that have been fitted; and
       4. (d) any Goods which become mixed inseparably with other items after their delivery.
    3. 12.2 Your legal right to cancel a Contract starts from the date on which we notify you either that we have dispatched the Goods in accordance with Clause 5.2 or that they are available for collection in accordance with Clause 5.3. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
       1. Your Contract
       2. Your Contract is for a single item of Goods (which is not delivered in instalments on separate days).
       3. Your Contract is for either of the following: • one item of Goods which is delivered in instalments on separate days. • multiple Goods which are delivered on separate days
       4. Your Contract is for the regular delivery of Goods over a set period
       5. End of the cancellation period
       6. The end date is the end of 14 days after the day on which you receive the Goods.
       7. The end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
       8. The end date is 14 days after the day on which you receive the first delivery of the Goods.
    4. 12.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form If you use this method we will e-mail you to confirm we have received your cancellation. [Alternatively you may use a copy of the form which is attached at the back of these Terms and Conditions as a schedule.] You can also e-mail us at [email protected], contact our Customer Services team by telephone on 0344 891 0196 or telephone the branch from which the Goods were dispatched or collected, details of which are found on the advice note accompanying the Goods, to tell us that the Goods are being returned and to obtain details of the branch or address (as applicable) that the Goods should be returned to. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
    5. 12.4 If you cancel your Contract we will:
       1. (a) refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods (e.g. it goes beyond the sort of handling that might reasonably be allowed in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
       2. (b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
       3. (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
          1. (i) if you have received the Goods and we have not offered to collect them from you: 14 days after the day on which we receive the Goods back from you or, if earlier, 14 days from the day on which you provide us with evidence that you have sent the Goods back to us;
          2. (ii) if you have not received the Goods or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
    6. 12.5 We will refund you via the same means of payment as you used to pay for the Goods
    7. 12.6 If the Goods have been delivered to you or collected by you before you decide to cancel your Contract:
       1. (a) then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Unless otherwise agreed with us, you can either send them back or, if you have telephoned the branch from which the Goods were dispatched or collected in accordance with Clause 12.3, you can return them to the branch indicated by us over the telephone.. Before returning any Goods you must contact us either by:
          1. (i) email on [email protected]; or
          2. (ii) telephoning 0344 891 0196; or
          3. (iii) telephoning the branch from which the Goods were despatched or collected, details of which are found on the advice note accompanying the Goods to tell us that the Goods are being returned and to obtain details of the branch / address that the Goods should be returned to. Where Goods have been damaged whilst in your possession we shall not be obliged to accept the return of those Goods. In such circumstances, we will notify you that the Goods are available for re-collection or re-delivery for which you shall be liable for any reasonable delivery charges incurred.
       2. (b) unless the Goods are faulty or not as described (in this case, see Clause 12.7), you will be responsible for the cost of returning the Goods to us. If the Goods cannot be returned by post, we estimate that if you use the carrier which delivered the Goods to you, these costs should not exceed the sums we charged you for delivery;
       3. (c) we request that you return all the original packaging where possible to do so and that you supply the advice note accompanying the Goods or other proof of purchase (and for the avoidance of doubt a copy of the email confirming details of the order will not be sufficient for these purposes); and
       4. (d) as you are responsible for the Goods until they are returned to us, we ask that you please ensure that you obtain adequate proof of postage with adequate insurance in place.
    8. 12.7 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. If the Goods are faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods repaired or replaced or to get some or all of your money back). These legal rights are not affected by your right of return and refund in this Clause 12 or anything else in these Terms and Conditions. If you wish to exercise your legal rights to reject Goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

13. General

    1. 13.1 When using the Website you accept that communication with us will be mainly via electronic means. 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 in your order, or by posting notices on the Website. When we refer, in these Terms and Conditions, to "in writing", this will include e-mail. This Clause does not affect your legal rights.
    2. 13.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at [email protected] or by writing to us at 2 Kingmaker Court, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DY, quoting the reference “FAO Online Contact Centre”. We will try to resolve any complaints that you have as soon as possible. If you are unhappy with our final response, you may access the European Commission's Online Dispute Resolution Portal available at http://ec.europa.eu/consumers/odr/
    3. 13.3 We will not be liable or responsible for any delay or failure to perform any of our obligations under a Contract if the delay or failure to perform is due to a cause beyond our reasonable control (e.g. strikes or other industrial action by third parties, terrorist attack or threat of terrorist attack, fire, explosion, flood, subsidence or other natural disaster, or impossibility of the use of railways, shipping or other modes of transport).
    4. 13.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you give the Goods to a friend, family member or other person as a gift (i.e. for no value in return), that person will have the benefit of our warranty at Clause 11, but we and you will not need their consent to cancel or make any changes to the Contract (including varying these Terms and Conditions).
    5. 13.5 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. Except as provided for in Clause 13.4, you may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
    6. 13.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, 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 failure by you to comply with the Contract, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    7. 13.7 Each of the paragraphs of these Terms and Conditions 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.
    8. 13.8 These Terms and Conditions are governed by English law. This means that a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland
    9. 13.9 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.