1.Acceptance of Terms
Your access to and use of www.tbdavies.co.uk(“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision
3. Changes to the Website
TB Davies Ltd reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that www.tbdavies.co.uk shall not be liable to you for any such change or removal.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to www.tbdavies.co.uk or otherwise used by www.tbdavies.co.uk as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. Disclaimers and Limitation of Liability
6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, www.tbdavies.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 www.tbdavies.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.tbdavies.co.uk for death or personal injury as a result of the negligence of www.tbdavies.co.uk or that of its employees or agents.
You agree to indemnify and hold www.tbdavies.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.tbdavies.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means www.tbdavies.co.uk of TB Davies (Cardiff) Ltd, Lewis Road, Cardiff;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.4 We aim to respond to all email correspondence within 1 working day of receipt.
4. Price and Payment
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price includes delivery charges.
4.2 The total purchase price, including VAT and delivery charges will be displayed in the Buyer’spenarth shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order.
4.4 In the case of consumer sales, payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 In the case of other sales, payment of the Price plus VAT and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
4.6 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above the base rate of National Westminster Bank from time to time in force.
5. Rights of Seller
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. Age of Consent
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
8.1 Orders for ex-stock items received by 2pm (Mon – Fri) will be despatched the same day, and are delivered according to the level of service you require. Certain items are made to order, for estimated delivery times on these products please refer to the product information sub sections. Express delivery services are not available for items that are made to order.
8.2 For shipping information outside the UK, please call our call centre on 029 2132 0000.
8.3 Please note that every effort is made by us and our carrier to deliver your order within the specified time, however the very nature of the product dictates that we cannot always guarantee the delivery date. In the unlikely event we cannot deliver your order within the specified time, we will endeavour to contact you in order to advise you of the situation and take instructions as to how you would prefer us to proceed.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9. Cancellation and Returns
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us in writing or by email within 7 working days starting the date after receipt of the Goods. Goods must be returned at your cost and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods (including delivery charges) except for return postal charges within 30 days of cancellation.
9.4 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.5 Where returned Goods are found to be damaged due to the Buyer?s fault the Buyer will be liable for the cost of remedying such damage.
9.6 Where we design a product to your own specification the Right to Cancel will not apply.
10. Limitation of Liability
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller?s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. Changes to the Terms & Conditions
The Seller shall be entitled to change these Terms and Conditions at any time.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.