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Terms and conditions set out below relate to online transactions. General Terms and Conditions of Sale for transactions directly with the branch can be found Here.
TERMS AND CONDITIONS OF SALE – BUSINESS SALES TRADE AND CREDIT ACCOUNT CUSTOMERS
This page (together with the documents expressly referred to on it, tells you the legal terms and conditions (Terms) on which we supply any of goods (Goods) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that by ordering any of our Goods, you agree to be bound by these Terms and the other documents expressly referred to in it You should print a copy of these Terms for future reference. We amend these Terms from time to time as set out in clause 5. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US 1.1 We operate the website www.LBSBM.co.uk. We are LBS Buildings Merchants Limited, a company registered in England and Wales under company number 00254946 and with our registered office and main trading address at LBS Builders Merchants Ltd, Parc Amanwy, Ammanford, SE18 3FE. Our VAT number is GB 850 8821 15.
1.2 To contact us, please see our Contact page.
OUR GOODS
2.1 The images of the Goods 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’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
2.2 The packaging of the Goods may vary from that shown in images on our site.
2 2.3 All Goods shown on our site are subject to availability.
BASIS OF SALE
3.1 You confirm that you have the authority to bind any business on whose behalf you use our site to purchase Goods.
3.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
3.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in them.
3.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted or a Contract between us has been formed. A Contract between us will only come into force in accordance with clause 4.4.
4.3 The Contract between us will only be formed when your chosen Branch has contacted you either by e-mail or telephone and agreed with you that it will fulfil your order and delivery, or collection (as applicable) agreed and subject always to clause 4.4.
4.4 If we are unable to supply you with Goods, for example because that Goods are not in stock or no longer available or because of an error in the price on our site as 3 referred to in clause 8.4, we will contact you and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible and at this point no Contract will be deemed to have been formed.
OUR RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time in the following circumstances:
5.1.1 changes in how we accept payment from you.
5.1.2 changes in relevant laws and regulatory requirements.
5.1.3 changes in market conditions affecting our business.
5.1.4 changes in technology.
5.1.5 changes in relevant laws and regulatory requirements.
5.1.6 changes in our system's capability.
5.2 Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us.
DELIVERY
6.1 Your order is not confirmed until a Branch has contacted you to confirm that your order can be fulfilled and agreed with you whether the Goods will be delivered to you or collected by you.
6.2 Receipt of an Order Acknowledgment by you does not constitute a guarantee or promise on our part that the Goods ordered are available. If the Goods ordered are not available, a Branch will contact you in accordance with clause 4.5.
6.3 If you choose to collect the goods from your Branch, you must take the Order Acknowledgment with you as proof of payment. The Branch is under no obligation to release the Goods to you if you do not have your Order Acknowledgment or if you are unable to provide the credit or debit card that was used in connection with the Order.
6.4 Each Branch offers free local delivery on most orders; however, this may not always be available. If you require the Branch to deliver your order, you may be charged an additional delivery charge by the Branch.
6.5 The Goods will be your responsibility from the completion of delivery.
6.6 You own the Goods once we have received payment in full, including all applicable delivery charges.
NO INTERNATIONAL DELIVERY
7.1 Unfortunately, we do not deliver to addresses outside the UK.
7.2 If you are based outside the UK please do contact us and we will try our best to accommodate you.
PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 The prices of the Goods will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Goods are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Good(s) you ordered, please see clause 8.4 for what happens in this event.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order which we have confirmed with an Order Acknowledgement.
8.3 The price of the Goods excludes VAT (where applicable), a VAT on / off toggle is available in the website header, and the total amount payable will be applied at checkout at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
8.4 Our site contains many Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
8.4.1 where the Good's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
8.4.2 if the Goods correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give 5 you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
9.1 You can pay for Goods using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Visa Delta, MasterCard, MasterCard Debit and Maestro cards. Trade customers with available credit balances will have the ability to place an order directly onto the account, available balance will be shown at checkout.
9.2 Payment for the Goods is in advance. The Branch will notify you of any applicable delivery charges if they differ from those shown at checkout, which will be paid by you in accordance with the instructions of the Branch. However, a Contract shall only come into existence in accordance with clause 4.4
MANUFACTURER GUARANTEES Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
10.1 For Goods which do not have a manufacturer’s guarantee, we provide a warranty that the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 10.3.
10.2 The warranty in clause 10.2 does not apply to any defect in the Goods arising from:
10.2.1 fair wear and tear.
10.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party.
10.2.3 if you fail to operate or use the Goods in accordance with the user instructions.
10.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers.
DELIVERED BY OUR TRUSTED SUPPLIERS
11.1 We offer a range of ‘drop-shipped’ products delivered direct from our suppliers on our website. You can also order these products in our branches. As these products are supplier direct orders you will not be able to collect them or take them away from our branches on the same day. These products can be identified as such in the product description information on our website.
11.2 We use third-party logistics providers to ship and deliver some products. Shipping and delivery times may vary depending on the location and shipping method selected. We will provide you with an estimated delivery date, but we cannot guarantee that the delivery will be made on that date. We are not responsible for any delays in shipping or delivery caused by the logistics provider or any other third party. Once you have placed your order for the selected products via our website, the products are supplied direct to you by the third-party supplier of the product. The third-party supplier may contact you directly regarding the delivery of the products. Please note that if an item you receive is damaged or you wish to return a supplier direct product you will not be able to return it in branch. Contact the branch in the first instance to arrange the replacement/return as the item will need to be collected from you by the third-party supplier.
LIABILITY
12.1 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any re-sale purposes.
12.2 Nothing in these Terms limit or exclude our liability for:
12.2.1 death or personal injury caused by our negligence.
12.2.2 fraud or fraudulent misrepresentation.
12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
12.2.4 defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.3.1 any loss of profits, sales, business, or revenue.
12.3.2 loss or corruption of data, information or software.
12.3.3 loss of business opportunity.
12.3.4 loss of anticipated savings.
12.3.5 loss of goodwill.
12.3.6 any indirect or consequential loss.
12.4 Subject to clause 11.2 and clause 11.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Goods are suitable for your purposes.
EVENTS OUTSIDE 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you;
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, e-mail, or posted on our website. Any "day to day" queries may be dealt with over the telephone.
14.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
14.4 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 such e-mail was sent to the specified e-mail address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims)
TERMS AND CONDITIONS of SUPPLY FOR NON-TRADE CUSTOMERS
PLEASE NOTE, IF YOU ARE A BUSINESS CUSTOMER WITH A TRADE ACCOUNT, THESE TERMS AND CONDITIONS OF SALE WILL NOT APPLY. PLEASE REFER TO THE TERMS AND CONDITIONS OF SALE – BUSINESS SALES TRADE CUSTOMERS
What these Terms cover. These terms and condition (together with the documents referred to) are the terms and conditions (the Terms) on which we supply any products listed on our website www.LBSBM.co.uk (our site) to you. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss this.
INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We operate the website www.LBSBM.co.uk. We are LBS Builders Merchants Limited, a company registered in England and Wales under company number 00254946 and with our registered office and main trading address at LBS Builders Merchants Ltd, Parc Amonwy, Ammanford, SE18 3FE. Our VAT number is GB 850 8821 15.
1.2 How to contact us. To contact us, please see our see our Contact page (and clause 19 below).
1.3 How we may contact you. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
SERVICE AVAILABILITY We only sell to the UK. Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from (or deliver to) individuals outside the United Kingdom. If you are based outside of the United Kingdom, please do contact us and we will try our best to accommodate you.
2 3. HOW WE MAY USE YOUR PERSONAL INFORMATION We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you, and explains how we safeguard any data which you provide to us in order for us to fulfil your online order.
ABOUT YOU Requirements to order from us. By placing an order through our site, you must be: (a) at least 18 years old and legally capable of entering into a contract with us; (b) resident in the UK; and (c) accessing our site from the UK.
YOUR ORDER & OUR CONTRACT WITH YOU
5.1 Our website shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting an order to us. Please take the time to read and check your order at each page of the order process.
5.2 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, and all orders are subject to acceptance by us. The order number will help to identify your order and it would be helpful if you quote this whenever you contact us about your order.
5.3 The contract between us will be formed when your chosen Branch has contacted you, either by e-mail or telephone, and has agreed with you that it will fulfil your order and agreed the delivery/collection arrangements with you (subject always to clause 5.5).
5.4 The contract will relate only to those products for which we have generated an order number, confirmed in the Order Acknowledgment. We will not be obliged to supply any other products which may have been part of your order until the despatch of such products has been confirmed by your chosen Branch.
5.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Your chosen Branch will contact you promptly in such an event, to discuss how you would like to proceed in these circumstances, which may include us: (a) (for out of stock items) ordering the products into your chosen Branch or another Branch within the network (in which case you accept there may be a delay in delivery to you); or (b) offering you suitable alternative stock, either at the same price or at a different price. (If we have discovered an error in the price on the site, the difference in price will be dealt with in accordance with 14.5); or (c) cancelling your order and processing a refund to you for the price you paid for the products.
5.6 If you do not wish to continue with your order in accordance with 5.5, or we cannot offer you alternative stock, we will process a refund to you for the full amount you paid for the products which are not supplied (including any delivery costs charged) as soon as possible and no contract will come into existence.
OUR PRODUCTS
6.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are often mixed and compiled by hand, all sizes, 4 weights, capacities, dimensions and measurements indicated on our website have a small tolerance.
6.2 Product packaging may vary. The packaging of products may vary from that shown on images on our website.
YOUR RIGHTS TO MAKE CHANGES If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
OUR RIGHTS TO MAKE CHANGES 8.1 Minor changes to the products. We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor adjustments and improvements. These changes will be notified to you at the time of supply and will not affect your use of the product. 8.2 More significant changes to the products. In addition, we may occasionally in certain cases have to make more significant changes to the product. If we do so, we will notify you in advance, and you may then contact us to end the contract and receive a full refund before the changes take effect.
PROVIDING THE PRODUCTS
9.1 Delivery costs. If you require the Branch to deliver your order, delivery charges will be shown at checkout. The Branch will confirm whether any additional delivery charge applies, and the amount of this charge.
9.2 When we will provide the products. Where we arrange to deliver products to you, delivery we will aim to deliver within the advertised timescales or within the timescales agreed (under clause 5.3 above), or such shorter or longer period which the Branch agrees with you after your order has been placed.
9.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for any costs incurred by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.4 Collection by you. If you choose to collect the goods from your Branch, you must take the Order Acknowledgment with you which contains your collection reference as proof of payment. The Branch is under no obligation to release the products to you if you do not have your Order Acknowledgment or if you are unable to provide the credit or debit card that was used in connection with the order. You can collect from us at any time during our working hours for that Branch (which are usually 7.30am to 5.00pm on weekdays (excluding public holidays) and between 7.30am to 12 noon on Saturdays). Do not attend branch to collect until you have received your order reference via email or sms.
9.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from the chosen Branch.
9.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the Branch, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
9.7 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
9.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 9.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
9.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 9.7 or clause 9.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please Contact us to arrange collection.
9.10 When you become responsible for the product. The products will be your responsibility from the time we deliver them to the address you gave us or you (or a carrier organised by you) collect them from us.
9.11 When you own the products. You own a product once we have received payment in full. 9.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to: 7 (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the product as requested by you or notified by us to you (see clause 8).
9.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 weeks, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 week and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.7) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.8). We will not charge you for the products during the period for which they are suspended.
9.16 Delivered by one of our trusted suppliers. We offer a range of ‘drop-shipped’ products delivered direct from our suppliers on our website. You can also order these products in our branches. As these products are supplier direct orders you will not be able to collect them or take them away from our branches on the same day. These products can be identified as such in the product description information on our website. We use third-party logistics providers to ship and deliver some products. Shipping and delivery times may vary depending on the location and shipping method selected. We will provide you with an estimated delivery date, but we cannot guarantee that the delivery will be made on that date. We are not responsible for any delays in shipping or delivery caused by the logistics provider or any other third party. Once you have placed your order for the selected products via our website, the products are supplied direct to you by the third-party supplier of the product. The third-party 8supplier may contact you directly regarding the delivery of the products. Please note that if an item you receive is damaged or you wish to return a supplier direct product you will not be able to return it in branch. Contact the branch in the first instance to arrange the replacement/return as the item will need to be collected from you by the third-party supplier.
YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 13; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2; (c) If you have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this 9 may be subject to deductions and you will have to pay the costs of return of any goods; (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the product or these Terms which you do not agree to; (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 weeks; or (e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.9).
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
10.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of any of our products which: (a) have been made specially to your requirements or specifications, or are clearly personalised; (b) are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; 10 (c) are liable to deteriorate or expire rapidly; or (d) which become mixed inseparably with other items after their delivery.
10.5 How long do I have to change my mind? How long you have depends on how products you ordered are delivered. You have 14 days after the day you (or someone you nominate) receives the goods, unless: (a) your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods; or (b) your goods are for regular delivery over a set period (for example regular supplies of products). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
10.6 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 10.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a) Online. Complete the cancellation form our website, which must include your order number. (b) Phone or email. Call customer services or email us at your chosen Branch, the details for which will be included in our Dispatch Confirmation and can be found under the 'branch finder' tab on our website. Please provide your name, home address, your order number and, where available, your phone number and email address. (c) By post. Print off the cancellation form and post it to us at the address of your 11 chosen Branch, (the details for which will be included in our Dispatch Confirmation and can be found under the 'branch finder' tab on our website. Or simply write to us as that address, including the information required in the form.
11.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services or email us at your chosen Branch, (the details for which will be included in our Dispatch Confirmation and can be found under the 'branch finder' tab on our website for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11.3 When we will pay the costs of return. We will pay the costs of return: (a) if the products are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
11.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, using the method you used for payment. However, we may make deductions from the price, as described below. We are not obligated to refund you by any other method.
11.6 Deductions from refunds. If you are exercising your right to change your mind: (a) we may reduce your refund of the price (excluding delivery costs) to reflect 12 any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see clause 11.2. (b) In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that we request in writing from you which is necessary for us to provide the products; or (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 If you have any questions or complaints about our products, please contact us. You can telephone our customer service team or email us at your chosen Branch, the details for which will be included in our Dispatch Confirmation and can be found under the 'branch finder' tab on our website, or write to us at our address contained in clause 1.1 above. Alternatively, please speak to one of our staff in-store at the Branch.
13.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following: • up to 30 days: if your item is faulty, then you can get a refund. • up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases. • up to six years: if the item can be expected to last up to six years.
13.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services or email us at your chosen Branch, (the details for which will be included in our Dispatch Confirmation and can be found under the 'branch finder' tab on our website for a return label or to arrange collection.
PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the products will be as quoted on our site, or agreed between you and us from time to time. We take all reasonable care to ensure that the prices of our products are correct. However please see clause 14.5 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. Our prices are displayed both inclusive and exclusive of VAT. You will always be charged the price of products including VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
14.3 Our prices do not include the price of delivery (if any) charged in accordance with clause 9.1 above.
14.4 Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with an Order Acknowledgment.
14.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may later entitled to a repair or replacement, or, if that doesn't work, some of your money back. 15 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.6 How you must pay. We accept payment by credit or debit card. We accept payment with Visa, Visa Debit, Visa Delta, Mastercard, Mastercard Debit and Maestro cards and any other cards referred to on our website.
14.7 When you must pay. You must pay for the products and all applicable delivery charges upon checkout.
14.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
MANUFACTURER GUARANTEES/WARRANTIES
15.1 Terms of Manufacturer Guarantee/Warranty. Some of the products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's written guarantee provided with the products.
15.2 Legal rights not affected. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR WARRANTY FOR PRODUCTS
16.1 Our warranty. We guarantee that all products supplied will be of satisfactory quality and reasonably fit for all the purposes for which the products of the kind are commonly supplied. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 Warranty exclusions. The warranty in clause 16.1 does not apply to any defect in the products arising from: (a) fair wear and tear; (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; 16 (c) if you fail to operate or use the products in accordance with the user instructions; or (d) any alteration or repair by you or a third party who is not one of our authorised repairers.
16.3 Legal rights not affected. As a consumer, this warranty is in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2 We are not liable for business losses. We only supply the products to you under these Terms for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our guarantee on a product to any person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract, and where you may take legal action. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the EU Online Dispute Resolution (ODR) platform via their website at http://ec.europa.eu/odr. EU Online Dispute Resolution (ODR) will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Before going through the EU Online Dispute Resolution (ODR) process, please contact our Customer Services team at [email protected] or by telephone on 01482 345678 who will try and resolve any issue or complaint you may have in the first instance.
COMPLAINTS PROCEDURE
19.1 How to make a complaint. We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please inform your chosen Branch using the contact details contained in your Order Acknowledgment.
19.2 Escalation of your compliant to us. In the event that the Branch is unable to provide a satisfactory resolution, please escalate your complaint to us at LBS Building Supplies Limited, Parc Amonwy, Ammonford, SE18 3FE. We aim to always be able to deal with a complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
OUR RIGHT TO VARY THESE TERMS
20.1 We amend these Terms from time to time. Every time you order products from us, the Terms in force at the time of your order will apply to the contract between you and us.
20.2 Reasons for revising these Terms. We may revise these Terms from time to time in the following circumstances: (a) changes in how we accept payments from you; (b) changes in market conditions affecting our business; (c) changes in technology; (d) changes in relevant laws and regulatory requirements; and (e) changes in our system's capability.
20.3 What happens if we have to revise these Terms. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
FREE DELIVERY PROMOTIONS
From time to time we may run free delivery promotions. These promotions apply to website orders only, and are not obtainable at the branch. Terms vary by branch, please contact your local branch for more information.
APPLYING FOR AN LBS CREDIT ACCOUNT ONLINE
All LBS credit account applications are subject to a review/approval by our credit control team and a credit check will be carried out.
In cases where credit account applications are rejected, a cash account alternative will be offered instead.
