TERMS & CONDITIONS

​​Terms and Conditions
“The Company” means Prestige Building Supplies Ltd t/a D2D Fixings
“the Customer” means the person, firm, company, organisation, corporation or public authority whose order is accepted or referred to in any document issued by the Company.
“Goods” means the products sold by the company or repaired by the company at the customers request. ”Delivery Point” means the place where delivery of the goods is to take place under condition 5. “Contract” means any contract between the Company and Customer for the sale and purchase or repair of goods, incorporating these conditions.

GENERAL
1.1 All orders accepted and goods delivered by the Company are subject to and upon the following terms and conditions of sale, which shall constitute the entire agreement between the Company and the Customer. No addition or variation shall apply unless agreed in writing by a Director of the Company. The Customer acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.2 No terms or conditions endorsed on, delivered with or contained in the Customerʼs purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.3 Acknowledgement of receipt of a Customers enquiry or order by the Company shall not constitute acceptance of that order for contractual purposes. The sending of a written acceptance/delivery note or invoice by the Company shall alone constitute acceptance of the Customers order or (if earlier) the Company delivers the Goods to the Customer.
1.4 The Customer shall ensure that the terms of its order and any applicable specification are complete and accurate. Liability is not accepted by the Company for any inaccuracy in or misunderstanding concerning orders when placed by the Customer by way of telephone.
1.5 In no circumstances shall the Customer cancel a contract to which these terms and conditions apply unless the Company gives consent in writing. If consent is given the Customer will indemnify the Company against all losses (including any loss of profit) suffered by the Company up to cancellation.

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PRICES
2.1 Prices quoted are net of VAT and any other applicable taxes or levies that may be applied by any governmental statutory or local authority upon the sale of goods or the supply of services. Any such provisions will be charged at the prevailing rate at the time of dispatch or invoice as the case may be.
2.2 Prices quoted in any of the Companyʼs literature including any promotional offer sheets or flyers are subject to variation without notice.
2.3 Any price or discount related problem must be notified in writing to the Companyʼs Customer service department within 7 days of invoice date or the invoice will be regarded as cleared for payment in its entirety.
2.4 Occasionally, an error may occur and goods may be either incorrectly priced or described, in which case the Company will not be obliged to supply the goods at the incorrect price or by the incorrect description or at all. The Company reserves the right to correct any errors at any time. The Company will (at the Company’s discretion) either cancel the customer’s order and refund the price the customer has paid or use reasonable endeavours to contact the customer and ask whether the customer wishes to continue with the order at the correct price or the correct description. If the Company is unable to contact the customer or the customer does not wish to continue with the order at the correct price or correct description, the Company will cancel the customer order and refund the price paid.

 

PAYMENT
3.1 Pounds Sterling (or the lawful currency of England and Wales from time to time) is the currency of account in all dealings between the Company and its customers.
3.2 All sales for non-account Customers must be paid in full prior to dispatch or collection.
3.3 The Customer shall make all payments due under the Contract in full, without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid Court Order requiring an amount equal to such deduction to be paid by the Company to the Customer.
3.4 Time for payment shall be of the essence.
3.5 No payment shall be deemed to have been received until the Company has received cleared funds.
3.6 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
3.7 By using a credit/debit card to pay, the customer confirms that the card being used is the customers or that the customer is authorised to use it.
3.8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. The Company is not responsible for the card issuer or bank charging the holder of the card as a result of our processing of the customer’s credit/debit card payment for an order.
3.9 The customer is responsible for all orders placed by employees and for any purchases made on cards issued to them and the company is not bound by any individual order to limits the customer may impose on employees.
3.10 The format of the Company’s invoice and statements to the customer will solely be dictated by the company.

 

QUALITY
4.1 The Company warrants that (subject to the other provisions of these conditions) upon delivery, the Goods shall be of satisfactory quality and fit for pupose within the meaning of the Sale of Goods Act 1979.
4.2 The Company shall not be liable for a breach of the warranty in condition 4.1 unless:
the Customer notifies the Company of any goods that are damaged within 72 hours of delivery; and
the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Customer (if asked to do so by the Company) returns such goods to the Company's place of business for the examination to take place there
4.3 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company. The Company cannot however accept liability for the suitability, fitness for purpose, operation or effectiveness of Goods it does not manufacture.
4.4 It is the customers responsibility to comply strictly with the terms and conditions of any manufacturerʼs warranty or indemnity.
4.5 The Customer will comply with the Companyʼs reasonable directions concerning any Goods which are claimed to be defective or damaged. If the Customer returns any Goods to the Company without the Companyʼs prior consent, the Company may return them to the Customer, or store them, at the customerʼs risk and cost.
4.6 Any Goods that are returned to the Company must be accompanied by proof of purchase/collection/delivery before any credit shall be offered in place of the Goods.
4.7 All queries in respect of Goods that have been delivered must be notified to the Company within 7 working days of the date of the order. Queries communicated to the Company after this period will not be considered unless the goods are electrical items which are under warranty.
4.8 The Customer is responsible for inspecting the Goods on delivery/collection.
4.9 If the Goods are collected by or delivered to the Customer in a damaged condition, the Customer must sign the proof of collection/delivery form and confirm on that form that the Goods are damaged at the time of collection or delivery failing which, the Customer shall be deemed to have accepted the Goods as satisfactory and not damaged at the time of delivery or collection.
4.10 If the Goods are collected by or delivered to the Customer and the Goods or part of the Goods are incomplete, the Customer must sign the proof of collection/delivery form and confirm on that form that the Goods are incomplete at the time of collection or delivery failing which, the Customer shall be deemed to have accepted the Goods as complete and satisfactory at the time of delivery or collection. In the event goods are left unsigned for, damages or shortages should be notified to the company as per clause 5.1
4.11 If the Goods are returned to the Company by any returns method other than that organised by the Company, the Company shall inspect the Goods within a 72 hour period to ensure they are received in the original packaging and in an undamaged, saleable condition. Any defects will result in the Goods being chargeable to the Customer.

 

DELIVERY
5.1 Shortages should be notified in writing to the Company within 72 hours of delivery, marked for the attention of the Accounts Department. Any claims submitted after this timescale shall be rejected.
5.2 Deliveries are to Mainland UK Addresses. Other territories are subject to a surcharge.
5.3 The Company will use its reasonable endeavours to comply with dispatch, collection and delivery dates but such dates are only estimates and are not guaranteed and shall not be the essence of any contract between the Customer and the Company. The Company accepts no liability for any delay or failure to deliver, or any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Companyʼs negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 90 days.
5.4 Delivery shall be deemed to have taken place on the occurrence at the first point in any of the following events:- Delivery to our carriers, Delivery by our vehicle, Collection from our site, Dispatch of Goods via post.
5.5 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or if the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, license or authorizations:
Further attempts at re-delivery will be charged at £6.99
risk in the goods shall pass to the Customer (including for loss or damage caused by the Companyʼs negligence);
the Goods shall be deemed to have been delivered; and
the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance.)

 

WARRANTY
6.1 The Company warrants to the customer that the Goods are free from defects in materials or workmanship at the time of supply. The Company’s only liability in the event of any breach of this warranty shall be to replace without charge any defective Goods returned to it within 30 days from the date of delivery and to refund to the Customer any postage costs incurred in returning defective Goods. This warranty does not oblige the Company to replace Goods damaged through misuse or neglect.
6.2 The undertaking to replace or repair Goods which fail to comply with the warranty contained in clause 6.1 shall be the full extent of the Company’s liability in respect of the sale of the Goods. Except as aforesaid, all warranties or representations expressed, implied statutory or otherwise and whether arising under the contract of sale, or under any prior agreement, or in oral written statements made by or on behalf of the Company during negotiations with the customer or its representatives are hereby excluded. Under no circumstances shall the Company be liable for any direct, indirect, consequential or incidental loss or damage or injury of any kind whatsoever (including without limitation loss of revenue contracts or profits) or for any damage to or destruction of property, however, caused or arising and whether or not as a result of the negligence of the Company except for death or personal injury caused by the negligence of the Company.
 

SPECIFICATIONS
7.0 The Company reserves the right to change designs, colours, materials or specifications of goods at any time without prior notice.
 

CANCELLATION, REFUNDS & RETURN OF GOODS
8.1 The Customer may cancel an order and return the items purchased to us by giving us notice of cancellation within 14 days of the date of delivery to you. The customer may need to take delivery of the goods before cancellation if the goods are placed into the Company delivery process before we receive notice of cancellation. Where the customer order comprises multiple delivery shipments, the 14-day cancellation period for the goods in the order runs from the date of the delivery of the last shipment.
8.2 The customer will lose the right to cancel after the expiry of the 14 days referred to in clause 8.1 (this does not affect the customer rights if there is any problem with the goods).
8.3 To exercise right to cancel, the customer shall inform the Company of the decision to cancel by phone or email. If the customer is cancelling because of any problem with the goods, the Company should be notified of the problem at the time of cancellation.
8.4 On cancellation for whatever reason, where the customer is in receipt of the goods they must be returned to the company (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at the cost of the customer, unless the Company agrees disposal of them, in which case the customer should comply with the manufacturer’s instructions before disposing of hazardous goods. The Customer must return goods with all components and also any promotional items received (including gifts) or discounted additional products.
8.5 Following cancellation, subject to clause 8.1 the Company will refund the price paid for the cancelled order (or part of the order cancelled). The Company will pay the refund within 14 days after notification of cancellation of the order, where the customer has not received the goods; or, the company receives the goods returned, where the customer is in receipt of the goods.
8.6 The company will refund the customer using the same means of payment used to pay for the order.
8.7 The Company reserves the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
8.8 The Company may withhold any refund until receipt of the goods or proof of return for the goods.
8.9 If the customer cancels an order for a product delivered directly from the Company’s supplier, the customer should contact the company to arrange collection by the supplier. Some collections may incur a charge; the amount of the charge will depend on the good(s) returned, but the maximum fee is £35
8.10 Customers requiring collection of Goods by the Company for cancellation, return or repair shall ensure the said Goods are available and ready for collection by the Companyʼs carrier. Failure of the Customer to comply will incur a charge of £35, which will be paid by the Customer. Alternatively, the Customer can make arrangements for the Goods to be returned to the Company at their own cost. Risk in the goods shall remain with the customer until the Company is in receipt of the return.

 

RISK, PROPERTY & REPOSSESSION
9.1 Title to and property in the Goods shall remain in the Company until payment in full of:
9.1.1 The total invoice price for the Goods and any relevant charges and
9.1.2 Any other amounts that are due for payment by the customer to the company on any account.
9.2 Until ownership of the goods has passed to the Customer, the Customer shall:
9.2.1 hold the Goods on a fiduciary basis as the Company's bailee;
9.2.1 store the Goods (at no cost to the Company) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Company's property;
9.2.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and maintain the Goods in satisfactory condition
9.3 Until title has passed to the Customer the grants the Company, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored to recover them.
9.4 The risk in the Goods shall pass to the Customer upon delivery as referred to in 5.4 and 5.5
9.5 If any goods owned by the Company are attached to, mixed with, or incorporated into any other product not owned by the Company and the goods are not identifiable from the resulting composite or mixed product title to the resulting composite or mixed product shall rest in the Company and shall be retained by the Company for as long as and on the same terms as those which it would have retained title to the Goods.
9.6 The customer shall store any Goods owned by the Company in such a way that they are identifiable as the Company property, shall maintain records of them identifying them as the Company’s property, of the person to whom it sells or disposes of such property and the payments made by such persons for such property. The Customer will allow the Company to inspect these records and the Goods themselves upon request. In the event of any doubt as to ownership, any Goods in the Customers possession supplied by the Company shall be deemed to belong to the Company unless the Customer can prove otherwise the Company shall be free at any time when any payments from the Customer are outstanding to appropriate payments made by the Customer to any outstanding invoice notwithstanding any express appropriation at the time of payment.
9.7 If the Customer sells or otherwise disposes of or makes any insurance claim in respect of the Goods before making payment in full for the Goods, it shall not give any warranties or incur any liability on behalf of the Company, the Company shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of the Goods. Such proceeds shall be paid into a separate bank account and shall be held by the Customer on trust for the Company.
9.8 If the customer fails to make any payment to the Company when due, enters into bankruptcy or composition with a creditor has a receiver or Manager appointed over all or parts of its assets, or become insolvent, or if the company has reasonable cause to believe that any of these events is likely to occur, the Company shall have the right, without prejudice to any other remedies.
9.8.1 To enter without prior notice any premises where property owned by it may be and to discharge any sums owed to the Company by the Customer.
9.8.2 To require the customer not to resell or part with possession of property owned by the Company until the Customer has paid in full all sums owed to the Company.
9.8.3 To withhold delivery of any undelivered Goods and to stop any Goods in transit.

LIMITATIONS & EXCLUSIONS
11.1If any Goods do not comply with the contract between the Company and the Customer, for any reason, the Customerʼs sole remedy against the Company shall be limited to the Company replacing the Goods or refunding the price paid for them.
11.2 Under no circumstances whatsoever shall the liability of the Company to the Customer exceed the price paid for the Goods.
11.3 The Company accepts no liability or responsibility for any consequential or indirect losses or expenses, (including but not limited to any loss of profit, turnover, business, expectation or bargain) suffered by the customer or any other person, for any reason.
11.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.5 Nothing in these Terms and Conditions excludes or limits the liability of the Company:
11.5.1 for death or personal injury caused by the Company's negligence; or
11.5.2. under section 2(3), Consumer Protection Act 1987; or
11.5.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
11.5.4 or fraud or fraudulent misrepresentation.
11.6 Each of the restrictions in this clause is intended to be separate and severable.
11.7 Nothing in these Terms and Conditions confers or implies any right, power or privilege on any person other than the Companyʼs Customer.

PROPER LAW
12.1 These conditions shall be governed and construed by English law and the English courts shall have exclusive jurisdiction in connection herewith.

MISCELLANEOUS
12.2 If any provisions of the Commercial Terms and Conditions of sale or any such provision shall be held by a court of law to be contrary to law, the remaining provisions of the Commercial Terms and Conditions shall remain in full force and effect.




 

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