Sale Terms
THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM. We may vary all or any of the Terms at any time. These Terms were last reviewed and updated on 01/11/2023.
1 Definitions
In these Sale Terms the following meanings shall apply:
“Consumer” means an individual acting for purposes that are wholly or mainly outside the individual’s trade, business, craft or profession.
“the Contract” means the Contract for the supply of goods incorporating these Terms.
“the Defect” means the condition and/or any attribute of the Goods and/or any other circumstances which but for these Terms would have entitled You to recover damages from Us.
“the Goods” means the Goods ordered by You on Our Site or in store.
“the Terms” means the Terms set out in this document and any special Terms agreed in writing between Us and You.
“We” and “Us” means JT Dove Limited (CRN: 00085529) and its employees and agents and “Our” shall be interpreted accordingly.
“You” means the person seeking to purchase the Goods from Us and “Your” shall be interpreted accordingly.
“in writing” includes electronic mail but excludes fax and “written” shall be interpreted accordingly.
"Electronic Withdrawal Function" means the automated online tool accessible via the "Withdraw from Contract" link in the footer of Our website at www.buildandplumb.co.uk/withdraw, which allows eligible EU Consumers to exercise their statutory 14-day right of withdrawal digitally.
2 The Contract
2.1 Our contract. These Terms apply to the Contract. No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. If you are not buying the Goods as a Consumer, the Contract is the entire agreement between Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Sometimes We reject Orders, for example, because a product is unexpectedly out of stock, because You are located outside Our delivery areas, as dictated by our delivery partners, from time to time, or because the product was mispriced by us. When this happens, We let You know as soon as possible and refund any sums You have paid.
3 Placing an order and its acceptance
3.1 Placing Your order. Please follow the onscreen prompts to place an order. Each order is an offer by You to buy the Goods specified in the order subject to these Terms.
3.2 Correcting input errors. Our order process allows You to check and amend any errors before submitting Your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that Your order is complete and accurate.
3.3 Acknowledging receipt of Your order. After You place an order, You will receive an email from Us acknowledging that We have received it, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order will take place as described in clause 3.4.
3.4 Accepting Your order. Our acceptance of Your order takes place when We send the email to You to notify You that your order has been dispatched and provide your tracking information, at which point the Contract between You and Us will come into existence.
3.5 If We cannot accept Your order. If We are unable to supply You with the Goods for any reason, We will inform You of this by email and We will not process Your order. If You have already paid for the Goods, We will refund You the full amount including any delivery costs charged as soon as possible.
3.6 Orders placed in store in person may be cancelled at Our discretion/agreement, however products that are special manufacture or special order are excluded from this option, unless the Goods are faulty or not as ordered.
3.7 You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable design, drawing, or specification provided to Us by You and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its Terms.
3.8 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of order or other document issued by Us, shall be subject to correction without liability on Our part.
4 Price
4.1 The prices of the Goods will be as quoted on Our site at the time You submit Your order. We use Our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
4.2 Prices quoted are applicable to the quantity specification delivery dates and information provided by You. Prices for Our Goods may change from time to time, but changes will not affect any order You have already placed, however, if the order placed varies or delay is caused by Your instructions or lack of instructions We shall be entitled to adjust the price.
4.3 The prices will either be exclusive or inclusive of VAT at the applicable current rate chargeable in the UK for the time being depending on which option You select on Our Site. If You are purchasing Goods as a Consumer (as defined in the Consumer Rights Act 2015), the price of the Goods will be deemed to be inclusive of VAT. If you are buying Goods as a business, and not as a Consumer, the price of the Goods will be deemed to be exclusive of VAT which will be charged in addition at the prevailing rate.
4.4 We pass on some increases in VAT. If the rate of VAT changes between Your order date and the date We supply the Goods, We adjust the rate of VAT that You pay, unless You have already paid in full before the change in the rate of VAT takes effect.
4.5 Prices quoted normally include delivery within Our geographical operating area details of which are available on request. Any additional carriage or offloading charges are separately shown on the quotation.
5 Payment
5.1 You can only pay for Goods using a debit card, credit card or via PayPal.com. We accept the following cards: Mastercard, Visa, and American Express.
5.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.
5.3 In the event of non-payment in accordance with Clause 5.1 of these Terms the outstanding balance of Your account immediately becomes due and We reserve the right to withhold deliveries and cancel outstanding orders without liability on Our part.
5.4 If you are buying the Goods as a business and not a Consumer, We shall be entitled at all times to set off any debt or claim of whatever nature which We may have against You against any sums due from Us to You.
6 Delivery and Collection
6.1 Delivery will be effected by one of our delivery partners, when Goods leave Our premises or the premises of Our supplier where the Goods are delivered direct from the suppliers to You.
6.2 Delivery dates are given in good faith but are estimates only. Late delivery does not affect Your duty to pay Us.
6.3 Time and date of delivery shall not be of the essence of the Contract.
6.4 We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from any delay in delivery of the Goods or failure to deliver the Goods in a reasonable time.
6.5 If our delivery partners fail to deliver the Goods, Our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, We will not be liable to the extent that any failure to deliver was caused by an act or event beyond Our reasonable control, or because You failed to provide adequate delivery instructions, You failed to provide access for delivery or You otherwise prevent delivery in anyway, or any other instructions that are relevant to the supply of Goods.
6.6 We reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment. Any claim which You may have in respect of one instalment shall not affect Your liability in respect of any other instalment.
6.7 You must provide the necessary labor for unloading the Goods and unloading is to be completed with reasonable speed. If Our delivery vehicle is kept waiting for an unreasonable time or is obliged to return without completing the delivery or if We provide extra staff to unload Goods or if for any reason You fail to accept delivery of the Goods an additional charge may be made.
6.8 We shall deliver the Goods as near as possible to the delivery address as a safe and hard road permits. We reserve the right to refuse to deliver the Goods to premises considered in the discretion of Our driver to be unsuitable.
6.9 If Goods are deposited other than on Your private premises You shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection at all time of persons or property and will indemnify Us in respect of all cost claims losses or expenses We may incur as a result of such delivery whether on the public highway or elsewhere.
6.10 Any vehicle damage whilst on Our premises is entirely at Your own risk. This includes any damage incurred during the loading or unloading of materials by hand, fork lift truck or otherwise.
6.11 We will not provide any cutting equipment such as saws/knives etc, as whether provision of any secondary cutting equipment required (for cutting other than the size as purchased) is Your responsibility.
7 International Delivery
7.1 We deliver to the countries listed on Our checkout details page when You order Goods. (International Delivery Destinations). However, there may be restrictions on some Goods for certain International Delivery Destinations, so please review applicable costs, laws, and restrictions for Your country outside the UK before ordering Goods.
7.2 If You order Goods from Our site for delivery to one of the International Delivery Destinations, Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.
7.3 You will be responsible for payment of any import duties and taxes. Please contact Your local customs office for further information before placing Your order.
7.4You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if You break any such law or regulation.
8 Inspection
8.1 You shall inspect and sign for the Goods at the place and time of unloading.
8.2 You must give Us written notice within 48 hours of unloading of any claim for short delivery, missing Goods, breakage or that the Goods do not conform to the Contract.
8.3 In the case of Goods delivered by a third party carrier breakages and short deliveries must be notified to the carrier within 48 hours or such shorter time as they may specify in addition to notifying Us.
8.4 If You do not give Us written notice within that time the Goods will be deemed to have been delivered in accordance with the Contract and in the quantities shown on the delivery documents.
8.5 Our liability for short delivery is limited to making good the shortage.
9 Returns
9.1 If You purchase Goods online as a Consumer You have a legal right to change Your mind as set out in the table under clause 9.3.
9.2 Your legal right to change Your mind. For most of Our products bought online, You have a legal right to change Your mind about Your purchase and receive a refund of what You paid for it, including the delivery costs. This is subject to some conditions, as set out below.
9.3 When You can't change Your mind. You can't change Your mind about an order for:
• products sealed for health protection or hygiene purposes (such as W.C. seats etc.), once these have been unsealed after You receive them;
• goods that are made to Your specifications or are clearly personalised (such as timber or other products that have been cut to size); and
• goods which become mixed inseparably with other items after their delivery.
9.4 The deadline for changing Your mind. If You change Your mind about a product You must let Us know no later than 14 days after the day We deliver it. If the product is for regular delivery (for example, a subscription), You can only change Your mind after the first delivery. If Your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
9.5 How to let Us know. To let Us know You want to change Your mind, contact Our Customer Service Team: https://www.buildandplumb.co.uk/contact-us-i3 or by filling out the following return request and following the instruction contained within: https://www.buildandplumb.co.uk/downloads/6358ded5715fc228B&P_Returns_Form_v2.pdf
9.5A Electronic Withdrawal Function (EU Consumers). In addition to the methods described in clause 9.5, consumers located in the European Union may also exercise their 14-day statutory right of withdrawal electronically by using the "Withdraw from Contract" link located in the footer of Our website at www.buildandplumb.co.uk/withdraw. This Electronic Withdrawal Function provides a two-step automated process: (1) a data-lookup form where You enter Your Order ID and email address; and (2) submission of the withdrawal request, upon which You will immediately receive an automated email confirmation recording the date and time of Your withdrawal. The 14-day withdrawal period is deemed exercised on the date You successfully submit the form. Once You have submitted a digital withdrawal, You must return the Goods to Us in accordance with clause 9.6 below.
9.6 You have to return the product at Your own cost. You have to return Your product to Us within 14 days of Your telling Us You have changed Your mind. Returns are at Your own cost. The product must be in a clean and re-saleable condition in the original packaging, and You can:
• bring the product to one of Our stores (find the one nearest to You by contacting Our Customer Service Team: https://www.buildandplumb.co.uk/contact-us-i3). You will need Your email receipt and the card You paid with.
• send the product back to us. If You do this You should keep a receipt or other evidence from the delivery service that proves You have sent it and when You sent it. If You don’t do this and We don’t receive the goods at all or within a reasonable time We won't refund You the price. For help with returns, including Our collection arrangements for products which can't be posted, see Our Returns Process: https://www.buildandplumb.co.uk/delivery-returns-i8.
9.7 We only refund standard delivery costs. We don't refund any extra You have paid for express delivery or delivery at a particular time.
9.8 We reduce Your refund if You have used or damaged a product. If You handle the product in a way which would not be acceptable in-store, We reduce Your refund, to compensate Us for its reduced value. For example, We reduce Your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way You have treated the product, no refund may be due. If you have damaged or destroyed the pallet the Goods were delivered on, you may have to source a replacement pallet in order to return the Goods to Us. Our Customer Service Team: https://www.buildandplumb.co.uk/contact-us-i3 can advise You on whether We're likely to reduce Your refund.
9.9 When and how We refund You. If You tell Us You've changed Your mind about a product that hasn't been delivered or one that We're collecting from You, We refund You as soon as possible and within 14 days. If You're sending Your product back to us, We refund You within 14 days of receiving it (or receiving evidence You've sent it to us). We refund You by the method You used for payment. We don't charge a fee for the refund.
9.10 You have rights if there is something wrong with Your product. If You think there is something wrong with Your Goods, You must either bring it into one of Our stores or contact Our Customer Service Team: https://www.buildandplumb.co.uk/contact-us-i3. We honour Our legal duty to provide You with products that are as described to You on Our Website and that meet all the requirements imposed by law. Remember too that You have several options for resolving disputes with us.
10 Title and Risk
10.1 Risk in the Goods shall pass to You when the Goods are delivered.
10.2 The title to the Goods shall remain with Us until You pay all sums due to Us whether in respect of this Contract or otherwise.
10.3 Until title passes:
10.3.1 You shall hold the Goods as Our fiduciary agent and bailee
10.3.2 the Goods shall be stored separately from any other goods
10.3.3 You may use or sell the Goods as principal and not as Our agents in the ordinary course of Your business subject to the following express conditions
10.3.3.1. that the entire proceeds of any sale in respect of the Goods are held in trust for Us and shall at all times be identifiable as Our money;
10.3.3.2 that Your right to use or sell the Good may be withdrawn by Us on notice at any time and will automatically cease if You become Insolvent.
10.4 We shall be entitled to recover the price of the Goods including VAT even though the property in any of the Goods remains with Us.
10.5 We shall be entitled at any time to recover any or all of the Goods in Your possession to which We have title and for that purpose We Our servants or agents may with such transport as is necessary enter upon any premises occupied by You or to which You have access and where the Goods may be or are believed to be situated.
10.6 Should any of the Goods be converted into or made part of other Goods (including immovable property) We shall have the same right of equitable and beneficial ownership in such other goods or property as We had in the Goods themselves prior to such conversion until all indebtedness to Us from You has been discharged.
11 Our Liability: Your attention is particularly drawn to this clause.
We Don't Compensate You For All Losses Caused By Us Or Our Products
11.1 Nothing in these Terms shall exclude or restrict Our liability for death or personal injury resulting from Our negligence or Our liability for fraud or fraudulent misrepresentation.
11.2 Our total liability to You for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by You for the Goods. This clause applies whether You are a Consumer or a business.
11.3 The statutory rights of a Consumer are not affected by these Terms. If you are a Consumer, We're responsible for losses You suffer caused by Us breaking this contract unless the loss is:
11.3.1 Unexpected. It was not obvious that it would happen and nothing You said to Us before We accepted Your order meant We should have expected it (so, in the law, the loss was unforeseeable).
11.3.2 Caused by a delaying event outside Our control. As long as We have taken the steps set out in the section We're not responsible for delays outside Our control.
11.3.3 Avoidable. Something You could have avoided by taking reasonable action, including following Our reasonable instructions for use.
11.3.4 A business loss. For any loss You suffer in connection with Your trade, business, craft or profession.
11.4 For the avoidance of doubt, the remaining provisions of this clause 11 shall not apply to You if You are a Consumer.
11.5 If the Goods are manufactured or processed by Us to the design quantity measurement or specification of You or Your agents then, subject to Clause 11.1 and 11.3 of the Terms, We shall not be under any liability for damages whatsoever except in the event of:
11.5.1 fraudulent misrepresentation;
11.5.1 misrepresentation where the representation was made or confirmed in writing;
11.5.1 non-compliance with such design quantity measurement or specification; or
11.5.1 breach of a written warranty by Us that the Goods are fit for that purpose.
11.6 You will unconditionally fully and effectively indemnify Us against all loss damages costs on an indemnity basis and expenses awarded against or incurred by Us in settlement of any claim:
11.6.1 for infringement of any patents copyright design trademark or any other industrial or intellectual property rights of any other person; and/or
11.6.2 arising from any such manufacturing processing or milling including but not limited to any Defect in the Goods.
11.7 You will unconditionally fully and effectively indemnify Us against all losses damages costs on an indemnity basis and expenses awarded against or incurred by Us is connection with or paid or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods including loss arising from Our negligence.