Terms & Conditions

Terms and Conditions of Sale

1.Introduction

1.1 These terms and conditions shall govern the sale and purchase of products through our website.

1.2 You acknowledge that by placing an order on this website that you or your approved Account Manager/purchaser are expressly agreeing to these terms and conditions.

1.3 Accounts Mangers accept that any "purchaser" which is created on the account, will have been authorised to place order on behalf of your business.

1.4 You warrant and represent to us that you contract with us under these terms and conditions exclusively in the course of a business and not as a consumer.

2.Interpretation

2.1 In these terms and conditions:

(a) "we" means Julian Bowen Ltd; and

(b) "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.

3.Order process

3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

Please take the time to read and check your order at each stage of the order process. Before ordering from us, it is your responsibility to check and determine your full ability to receive and store the Products as ordered.

3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and be provided with your log in details; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; if you do not hold a Credit Account with us (see section 7) you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an order confirmation at which point your order will become a binding contract.

4.Products

4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.

4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.Prices

5.1 Our prices are as quoted on our website.

5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT with VAT added at the checkout stage of the order.

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will be under no obligation to fulfill an order where the pricing error is obvious and could reasonably have been recognized by you as a pricing error.

5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6.Payments

6.1 You must, during the checkout process, pay the prices of the products you order unless you have a credit account with us that is operating within the agreed terms (see Section 7).

6.2 Payments may be made by any of the permitted methods specified on our website from time to time.

6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7.Credit accounts

7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.

7.2 If you hold an account with us, then your confirmed order will trigger an invoice to be placed on your account and you will pay such invoice in line with the agreed payment terms that are in place between us.

7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time. Any account that is overdue for payment will not be able to place any orders until the account is brought into line with our agreed terms.

7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:

(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or

(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, without prejudice to our other legal rights or rights under these terms and conditions.

8.Deliveries

8.1 Our policies and procedures relating to the delivery of products are set out in this Section 8.

8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 14 days following the date of the order confirmation; however, we do not guarantee delivery by this date. Any shortages or damages on a delivery should be notified immediately to us on receipt of the goods. If no one is available to accept delivery at the address given on the order we will make 2 more delivery attempts. If, at that point, no delivery has been possible then we reserve the right to treat the order as having been cancelled and a credit note/refund will be issued.

8.4 We will only deliver products to addresses on the UK mainland, Northern Ireland and the Republic of Ireland. We may allow deliveries to UK island postcodes for an additional delivery charge as advised on the website.

9.Risk and ownership

9.1 The products you purchase from us will be at your risk from the time of delivery. 9.2 Ownership of a product that you purchase from us will pass to you upon the later of:

(a) delivery of the product; and

(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

9.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee. 9.4 Until ownership of a product has passed to you:

(a) you must store the product separately from other goods; and

(b) you must ensure that the product is clearly identifiable as belonging to us.

10.Warranties and representations

10.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

10.2 We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(d) the products you buy will correspond to any description published on our website; and

(e) the products you buy will be of satisfactory quality.

10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

11.Breach of product warranty

11.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 10.2, please contact us to discuss the issue and arrangements for the return of the products.

11.2 If, after inspection, products you purchase from us do not conform with the warranties set out in Section 10.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

11.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:

(a) we will not refund the purchase price or exchange the product;

(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

12.Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:

(a) £100; and

(b) the total amount paid and payable to us under the contract.

13.Order cancellation

13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under this contract or any previous unpaid contract; or

(b) you commit any material breach of that contract.

13.2 We may, subject to applicable law, cancel a contract under these terms and conditions by written notice to you if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

13.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

14.Consequences of order cancellation

14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 9, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.

15.Scope

15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

16.Variation

16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

17.Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18.No waivers

18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

19.Severability

19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20.Third party rights

20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

21.Entire agreement

21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

22.Law and jurisdiction

22.1 These terms and conditions shall be governed by and construed in accordance with English law.

22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

23.Statutory and regulatory disclosures

23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

23.2 These terms and conditions are available in the English language only.

23.3 Our VAT number is 568177891.

24.Our details

24.1 This website is owned and operated by Julian Bowen Ltd.

24.2 We are registered in England and Wales under registration number 02108701, and our registered office is at Bentinck House, Park Lane Business Park, Kirkby-in-Ashfield, Nottinghamshire, NG17 9LE.

24.3 Our principal place of business is at Bentinck House, Park Lane Business Park, Kirkby-in-Ashfield, Nottinghamshire, NG17 9LE.

24.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website.