Terms & Conditions

1. Our Contract

1.1 These Terms and Conditions govern the supply of goods sold by www.hardwarewarehouse. co.uk ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.

1.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.

2. Price & Payment

2.1 The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for delivery as advised to you.

2.2 Occasionally an error may occur and goods or carriage may be incorrectly priced in which circumstances we will not be obliged to supply the goods or carriage at the incorrect price and you will be refunded fully.

2.3 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed.

2.4 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from you to us.

3. Delivery & Title

3.1 We will deliver ordered products in accordance with your order usually within the stated delivery time but certainly within 30 days of accepting your order.

In addition to your rights under clause 5, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery.

Before placing your order, please refer to the delivery options set out on our website. A valid signature will be required on collection or delivery.

In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.

3.2 For reasons of health and safety and to avoid any property damage, most "Heavy Items" (over 30kg) can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.

3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as "title") in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

3.5 If you decide to cancel your order after delivery has taken place and within 7 days starting after the products have been delivered, it is your duty to ensure the goods are kept in good condition and in original packaging until the goods have been collected by the nominated courier. If you fail to keep the goods in a good condition then you will be charged the full price of the goods and delivery.

4. Availability

While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will contact you to offer a substitution for a similar or better product.

If the substitution is not to your liking, then a full refund will be offered.

5. Cancellation & Returns

5.1 You may cancel your order by giving us notice of cancellation within 14 working days from the day after the goods were. Such notice may be given by phone, mail, or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

5.2 On cancellation for whatever reason within the time allowed for cancellation, you must make the goods available for collection by us at our cost unless we agree that you may dispose of them in which case please comply with the manufacturer's instructions before disposing of hazardous goods.

Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.

6. Liability

PLEASE READ THIS CLAUSE

6.1 If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

6.2 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

6.3 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

6.4 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer's specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

6.5 If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

7. Age Requirements for Specific Goods

Where you place an order for age-restricted goods such as knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.

8. Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

9. Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

10. Disposal of Electrical and Electronic Equipment

The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal.

11. General

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.

VAT: All prices include current appropriate VAT rate - at time of writing this is treated as 20%

Hardware-Warehouse.co.uk

October 2012