THESE TERMS ONLY APPLY IF YOU ARE A CONSUMER. A CONSUMER MEANS ANY NATURAL PERSON ACTING FOR PURPOSES OUTSIDE HIS TRADE BUSINESS OR PROFESSION. IF YOU ARE ACTING IN THE COURSE OF YOUR TRADE BUSINESS OR PROFESSION PLEASE ASK FOR A COPY OF OUR BUSINESS TO BUSINESS TERMS OF SALE.
These Terms will apply to any contract between us for the sale of Goods to you. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site.
By clicking on the "I Accept" button and placing an order, you have accepted these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 2.6. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
This clause sets out the meaning of terms which are given specific meaning within this document.
2. The Basis of Our Agreement
This clause explains the extent to which this document applies to dealings between you and us and how we intend to rely on it. This clause also explains when a contract is formed between you and us, the status of any quotations which we may provide to you and the extent to which you may rely on any advice provided by us.
3. The Description and Price of the Goods
This clause sets out how the goods we supply to you will be described and priced and our obligations to you to ensure that descriptions and prices are accurate. The clause explains our obligations to supply goods to you and your rights if we are unable to do so or if variations arise in the finish of products supplied.
4. Payment for the Goods
This clause explains when and how you can pay for goods which you order from us and the steps we may take if you are late paying.
5. Your Cancellation and Return of the Goods
This clause explains when you may cancel an order which you have placed with us and when you may return goods that are not defective which we have supplied to you. It also explains your rights where you have purchased goods “at a distance” (by our Website or over the phone).
6. Your Acceptance of the Goods
This clause sets out three ways in which you will be deemed to have accepted goods supplied by us to you.
7. Defective Goods
This clause sets out our liability to you in the event that we supply you with goods which are defective and the circumstances when we will not be liable.
This clause explains the limitations and exclusions that we place on our liability to you in the event that we breach the terms of the contract.
9. Ownership and Responsibility for the Goods
This clause explains when you will become responsible for the goods and when ownership will pass. It explains that ownership will not pass until you have paid for the goods and any other sums owing to us in full.
10. Your Non-Payment / Insolvency
This clause explains the consequences of you failing to pay us for goods on time and the steps we may take if you are declared bankrupt or become insolvent.
11. Data Protection
This clause sets out how we may make use of your personal details in order to fulfil your order.
This clause contains a number of general provisions in relation to the contract between you and us including which law will apply, the way in which the contract should be interpreted and the rights of third parties in relation to the contract between you and us.
In these sale Terms:
back to top
- ‘We’, ‘we’, ‘Our’, ‘our’, ‘us’ means Priority Plumbing (trading as Jewson Limited) (Company Number: 348407; ) whose registered office is at Saint-Gobain House, Binley Business Park, Coventry CV3 2TT;
- ‘You’, ‘you’, ‘Your’ and ‘your’ means you the person (being an individual or a body corporate as applicable) seeking to purchase Goods from us;
- ‘the Contract’ means the contract for the supply of Goods incorporating these Terms;
- ‘Defect’ means non-conformance of the Goods with the Contract;
- ‘the Goods’ means the goods to be supplied by us via our Website;
- ‘Quotation’ means a written indication of likely cost and specification of the Goods if you were to place an order with us;
- ‘the Terms’ means these terms and any special terms agreed in writing between you and us; and
- ‘Website’ means www.priorityplumbing.co.uk
2. The Basis of Our Agreement
2.1 These Terms apply to all Goods supplied by us via our Website. Orders are only accepted under these Terms and they may not be altered or added to without our written agreement.
2.2 In relation to the Contract we intend to rely upon these Terms and any documents referred to in them along with any written acceptance of an order placed by you as to the terms of the agreement between us.
2.3 Whilst we will accept responsibility for statements and representations made by our duly authorised agents, if you require any changes to these terms these must be set out in writing and signed by one of our directors. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "confirm order" button on the checkout page. After you place an order, you will receive an email from us acknowledging that we have received an order. However, please note that this does not mean that your order has been accepted. An agreement between you and us for the sale of any Goods only exists after we have accepted your order and have confirmed it in writing by email to an email address you have given ("Acceptance Email"). Once we do so, there is a binding legal contract between us (the 'Contract' as defined above).
2.4 Any Quotations we provide do not constitute an offer to enter into a contract with you. In order to purchase any Goods from us you will need to go through the process set out in paragraph above or contact one of our stores for further information.
2.5 We may change these Terms without notice to you in relation to future sales. Therefore, please check and ensure that you understand the Terms which will apply at the time you purchase any Goods.
2.6 In providing any advice to you with regard to the suitability of any Goods or materials for your specifications we shall rely upon the information that you provide to us. You must ensure the accuracy of any information you provide to us including any applicable design, drawing or specification and you must give us any necessary information relating to the Goods within sufficient time to enable us to perform the Contract in accordance with these Terms.
2.7 The Website is only intended for use by people resident on mainland Great Britain. We do not accept orders from individuals outside mainland Great Britain.
2.8 By placing an order through the Website, you warrant that:
- 2.8.1 You are legally capable of entering into binding contracts;
- 2.8.2 You are at least 18 years old; and
- 2.8.3 You are resident on mainland Great Britain and you are accessing the Website from there.
2.9 Certain Goods on our Website can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Goods through our site. Goods with an age restriction are clearly identified on the Website before you order.
2.10 We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any warranty or undertaking in relation to any products that you purchase from companies to whose website we have provided a link on the Website and any such warranties and undertakings are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
back to top
3. The Description and Price of the Goods
3.1 The description and price of the Goods you order will be as shown on the Website at the time you place your order. We reserve the right to vary the price of the Goods at any time before the Contract becomes binding on us. Whilst we try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. If we discover an error in the price or description of the Goods you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your order or cancelling it in exchange for a full refund.
3.2 Our ability to supply the Goods is subject to us holding them in stock or being able to obtain them. If on receipt of your order, the Goods you have ordered are not available either in stock or by special order we will inform you as soon as reasonably possible and if we are unable to obtain them in an agreed time we will refund or credit you for any sum that has been paid by you or debited from your debit or credit card for the Goods.
3.3 In the event that we are unable to supply the Goods to you for a reason beyond our reasonable control, we will notify you and may offer you alternative similar products (if available). You shall be entitled to accept the alternative goods offered with a refund of any difference in the price if the substitute is cheaper or by paying extra (as notified to you in advance) if the substitute is more expensive or you shall be entitled to cancel your order and obtain a full refund of any amounts paid for the Goods which we cannot supply.
3.4 Whilst we try to maintain continuity of supply in relation to our product lines, we reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future. If you have already placed your order, we will notify you as soon as reasonably possible that the Goods are not available and offer you an alternative product if one is available or a full refund.
3.5 In the case of certain products, variations may arise in the finish of those products, for example where they originate from different factory batches. We shall not be liable for any loss caused by such variation where such variation does not diminish the quality of the Goods.
3.6 We take every precaution in the preparation of our catalogues, technical circulars, price lists, other literature and the information on the Website, but these documents and information are for your general guidance only and do not form part of the Contract (in the absence of fraud on our part). If you require advice in relation to the Goods, a specific request for advice should be made.
3.7 We reserve the right to increase the price of the Goods by giving notice to you to cover
- 3.7.1 any increase in the cost which is due to any factor beyond our control including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture;
- 3.7.2 any change in quantities or specification of the Goods which are requested by you; or
- 3.7.3 any delay caused by any failure by you to give us adequate information or instructions,
but if you do not wish to pay the higher price, you may cancel your order and claim a full refund.
3.8 Prices displayed or otherwise communicated are valid and effective only in mainland Great Britain.
back to top
5. Your Cancellation of the Contract and Return of the Goods
5.1 If you are a consumer, you have a legal right to cancel a Contract formed over the internet, telephone or by mail order under the Consumer Protection (Distance Selling) Regulations 2000). This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. This clause does not affect your right to return faulty or mis-described Goods.
5.2 If you have ordered Goods on our Website or over the phone your right to cancel the Contract starts from the date of the Acceptance Email, which is the date the Contract between us is formed. Your right to cancel the Contract ends after the expiry of seven working days starting the day after you receive the Goods. A working day is any day other than the weekends and bank or other public holidays.
5.3 To exercise your right of cancellation, you must give written notice to us by hand, post, fax or email, at the address, or email address shown below giving details of the Goods ordered:
Priority Building Supplies, Saint Gobain House, Binley Business Park, Coventry, CV3 2TT
T: 024 76 560700 E: email@example.com
5.4 If you exercise your right of cancellation you will be responsible for returning the Goods to us at your own cost. The Goods must be returned to one of our branches. A full list of our branches can be found on the Website. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. If the Goods are damaged (or have been modified) by you or are damaged in transit in a way that you could have foreseen (such as not being sent back in the same or similar packaging as sent to you), we will assess what damage has been caused and, at our discretion, those Goods may be rejected and a proportionate part of the refund withheld.
5.5 Once you have notified us that you are cancelling the Contract, we will refund or credit you within 30 days for any sum that has been paid by you or debited from your credit or debit card for the Goods.
5.6 If you do not return the Goods as required under Clause 6.4, we may charge you a sum not exceeding our direct costs of recovering the Goods and/or replacing any Goods that are damaged.
5.7 You do not have the right to cancel the Contract if your order is for Goods that are made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
back to top
7. Defective Goods
7.1 If the Goods have a Defect at the time of sale and you have not yet accepted the Goods, we will repair or replace the Goods or, if this is not possible or you decide to reject the Goods, we will refund you in full for the defective Goods. Where you have accepted the Goods, the provisions of clause 8.2 shall apply.
7.2 Where you have accepted the Goods and within six months there is a Defect, we will repair or replace the Goods or, if this is not possible or you decide to reject the Goods, we will refund you in full. However, we will not be obliged to do so if we can prove that the Goods did not have a Defect at the time they were delivered.
7.3 Nothing in these Terms will affect the terms of manufacturers’ warranties and guarantees or your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
7.4 You cannot make a claim for any Defects in the Goods in the following cases:
- 7.4.1 if the Defect was brought to your attention on or before the time of sale;
- 7.4.2 if you inspected the Goods on or before the time of sale and the defect or fault was or should have been readily noticeable;
- 7.4.3 if the Defect arises from your willful actions, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow instructions relevant to the Goods or storage of the Goods in unsuitable conditions;
- 7.4.4 without prejudice to clause 6 if you change your mind about wanting the Goods or if after purchase you decide that you do not like a cosmetic aspect of the Goods such as colour or shape that was clearly intrinsic to the Goods at the time of purchase;
- 7.4.5 if you chose the Goods yourself for a purpose which was neither obvious nor made known to us and you find the item unsuitable for that purpose; or
- 7.4.6 if the Defect is a result of fair wear and tear.
back to top
8. Our Liability
8.1 If we fail to comply with the terms of the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
8.2 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
8.3 We do not in any way exclude or limit our liability for:
- 8.3.1 death or personal injury caused by our negligence;
- 8.3.2 fraud or fraudulent misrepresentation;
- 8.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 8.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 8.3.5 defective products under the Consumer Protection Act 1987.
8.4 We will not be liable for any death, or personal injury to you or anyone under your control that was not caused by our negligence.
back to top
12.1 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.
12.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
12.3 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take Court proceedings, then English law will apply and the courts of England and Wales will have exclusive jurisdiction in the case of any dispute.
12.4 Any waiver by us of any breach or default of these Terms does not mean that we will continue to waive that or any subsequent breach.
12.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.6 Any reference in these Terms to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
12.7 The headings of these Terms are for convenience only and shall not affect their interpretation.
12.8 Termination of the Contract shall not affect the rights and obligations that have already accrued at the time of termination.
12.9 Nothing in these Terms or the Contract is intended to or will create any benefit for or right to enforce any of the Terms of the Contract to any third party.
back to top