This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.lbsbmonline.co.uk (our site) to you, the Buyer. Please read these terms and conditions carefully before ordering any Products from our site.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
If you have any questions about these terms and conditions or do not wish to accept them, please contact our Online Sales Customer Services Department at firstname.lastname@example.org or 01558 610512.
The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person firm or company who purchases the Goods from the Company.
Company: LBS Builders Merchants LTD (LBS Builders Merchants Online).
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Delivery Point: the place where delivery of the Goods is to take place.Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them)
1. INFORMATION ABOUT US
1.1 www.lbsbmonline.co.uk is a site operated by LBS Builders Merchants Limited, We are registered in England and Wales under company number 254946 and with our registered office at Station Road, Llandeilo, Carmarthenshire, SA19 6NL. Our main trading address is Station Road, Llandeilo, Carmarthenshire, SA19 6NL. Our VAT number is GB 850 882 115.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.3 You are able to correct errors on your order up to the point on which you click on 'submit' during the ordering process.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out below).
3.2 To cancel a Contract, you must inform us using our returns form which can be printed or emailed to us. You must also return the Product(s) to us immediately, in the same condition in which you received them, in the original packaging and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3.3 You will not have any right to cancel a Contract for the supply of any special bespoke orders that are arranged direct from the manufacturer. Personalised or perishable products which have been unsealed by you, or products we have specified as non-returnable.
3.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
4. AVAILABILITY AND DELIVERY
4.1 Products which involve a manufacturing process, such as GRP door canopies, are not available from stock and as such estimated delivery timescales may vary. Goods are delivered on a direct basis from our supplier and as such the Company will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform. No delay shall entitle the buyer to reject any delivery. See full delivery terms under point (7).
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices include VAT, excl. VAT costs are also shown, and also exclude delivery costs, which will be added to the total amount due as set out on our delivery info page.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by credit card, debit card via our chosen payment gateway options shown at checkout. Most major cards are accepted; however we do not accept American Express or Diner's Club.
6.7 In the event that a product is unavailable for whatever reason, we will contact you to ask you whether you would like us to supply a suitable alternative product. We will not supply you with an alternative product unless we receive instruction from you that you wish us to do so. If you opt not to purchase an alternative product, we will refund the full value of the product and any applicable carriage charges.
7.1 Delivery will only be arranged to destinations within mainland UK. Any exclusions or additions to carriage charges are highlighted within the delivery section on this website. We are happy to review location charges on a case by case basis, dependent on order value and combined weight of Goods.
* There may be occasions when circumstances outside the Company's control will result in the delivery date having to be changed. Information relating to the delays will be provided in writing to the email address provided in the Contract.
7.2 Deliveries can take place between the hours of 7:30am - 7:00pm Monday to Friday. Delivery timescales are provided as estimates only.
7.3 Delivery will occur when goods are ready for unloading at the place specified in the Contract or as subsequently agreed in writing by the Company.
7.4 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. Delivery timescales are not guaranteed.
7.5 Subject to the other provisions of these conditions, the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence).
7.6 The Company shall arrange for delivery to site on the understanding that there is a suitable road to the point where delivery is requested. If no such road exists delivery will be made to the nearest point to which, in the opinion of the driver, the vehicle may safely proceed and unload. If it is agreed prior to delivery that Buyer offload is required the Buyer will provide all necessary labour and equipment required to unload the Goods promptly and will indemnify the Company against any cost claim or damage arising from unloading.
7.7 In the instance a construction site address is provided, no physical residential or commercial address, a site contact will be needed. If site no contact is provided and goods are signed for by a trades person, the Company will not be liable for any subsequent losses.
7.8 A signature on the delivery note constitutes that all materials have been received. It is the responsibility of the Buyer to ensure that all Goods have been checked and any damages noted to the company within 48 hours.
7.9 Delivery of all heavyside (Pallet) items are made kerbside.
7.10 For non heavyside (Pallet) goods, if you are not in the parcel delivery will be re-attempted up to 3 times. After which you will incur a failed delivery charge. You will also be charged a failed delivery charge if you turn away the delivery without prior notice. The normal charge for a failed parcel delivery is £17.20 inclusive of VAT.
7.11 For heavyside (Pallet) deliveries a failed delivery will result in re-delivery charges. These charges are subject to change and will need to be agreed before re-delivery is attempted.
7.12 The Company will not be liable for any charges or cost incurred through the customer having to pay for trades persons whilst delivery of goods are still outstanding. We take no responsibility if your order does not arrive and tradesman have been booked. We advise you do not book the tradesman until your order has arrived.
8. OUR REFUNDS POLICY
8.1 When you return a Product to us:
(a) Because you have cancelled the Contract between us within the seven day cooling-off period, we will process the refund due to you as soon as possible after we receive the Product from you and, in any case, within 30 days of the day we receive the Product from you. In this case, we will refund the price of the Product in full, excluding the delivery cost. You will also be responsible for the cost of returning the item to us.
(b) For any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.2 If you are returning a Product to us, you are responsible for the safe delivery of the Product back to the address specified in our response to your returns request. We therefore recommend using a tracked, insured shipping method. Please refer to our returns policy for further details.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will be unable to refund to any credit or debit cards that have expired. In instances where we are unable to return funds to your card we will contact you for updated details.
8.4 Cancellation of special bespoke orders direct from the manufacturer will not be refunded. You will be made aware of this at the time of order.
8.5 Returns are not currently subject to a re stocking charge.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 8.4.
10. IMPORT DUTY
10.1 We may consider orders outside of the UK if contacted prior to order. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10.3 Orders placed inside the EU to VAT registered individuals or organisations will require proof of registration before we can supply goods zero rated.
11. WRITTEN COMMUNICATIONS / EMAIL MARKETING
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.2 We may, from time to time, use email addresses that are provided at the time of placing an order, to send specific targeted email campaigns and notifications. Clear un-subscribe options will be available to remove your email address from this list at any time. We will not provide any email addresses to third parties and all emails will be relevant to LBS Builders Merchants LTD
All notices given by you to us must be given provided to LBS Builders Merchants Limited via email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12.1 Transfer of rights and obligations
12.2 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.3 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.4 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OF OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following.
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.