Terms & Conditions

Terms of use:

CountyOnline.co.uk is a website operated by County Building Supplies Limited ("County") ("we" or “us”), registered in England & Wales under company number 02103960. Our registered office is located at 5 Pullman Court, Great Western Road, Gloucester GL1 3ND. Our VAT registration number is 454877895.

TERMS & CONDITIONS OF WEBSITE USE

These are the terms & conditions of use of this website. Please read them carefully as by viewing and using this website you indicate your acceptance of and agreement to be bound by them.

You may print these terms & conditions if you wish to retain a copy.  Our Privacy Policy sets out how we will process information about you and also forms part of these terms & conditions of use.

If you place orders for any goods from this website (where that functionality is available), your purchase will be governed by our Terms & Conditions of Sale, Delivery & Returns.

ACCESSING OUR WEBSITE

We reserve the right to amend this website or withdraw access to part or all of it at any time. We may also change these conditions from time to time so you should check back regularly as you will be bound by any changes from the next time you access the website. 

The material and information on this website is directed solely at and is to be used only by persons who access it from within the United Kingdom and these conditions are only available in English. The release, publication or distribution of the information contained on this website in jurisdictions outside the United Kingdom may be restricted by laws that apply in other jurisdictions.

ACCOUNT INFORMATION AND USER IDENTIFICATION

Where applicable, it is your responsibility to ensure the confidentiality of your account, user identification, password or any other information provided as part of our security procedures.  You agree to accept responsibility for all activities that occur using your account, user identification or password and acknowledge that we shall not be liable to any person for any loss or damage which may arise as a result of your failure to keep this information secure. Please let us know immediately if you believe that your password, user identification or any other information provided as part of our security procedures has become known to anyone else, or if this information is being, or is likely to be, used in an unauthorised manner.

We reserve the right to disable any user identification, account or password, at any time, if in our opinion you have failed to comply with any of the provisions of these conditions of use.

RELIANCE ON INFORMATION ON THIS WEBSITE

Although we have taken reasonable care to ensure that the information on this website is accurate and up to date, it is provided on an as-is basis and intended for guidance only.  We do not make any warrant of any kind (expressed or implied) as to the accuracy, completeness, currency or reliability of any information contained in this web site and accept no liability for the use of information contained in this website.

OUR LIABILITY

The material displayed on this web site is provided without any guarantee, condition or warranty and we accept no liability for:

 
(a) economic loss (examples of which are loss of revenues, data, profits, contracts, business or anticipated savings),
(b) business losses or expenses,
(c) loss of goodwill or reputation, or
(d) indirect loss or damage,

that arises from your reliance on, or the use of, the website (except for any claim arising from any purchases you make which will be governed by our terms & conditions of sale).

However, we never restrict our liability in respect of fraudulent misrepresentation, death or personal injury caused by our negligence or any matter where it would be illegal for us to exclude, or try to, exclude our liability. 

SYSTEMS & SECURITY

Our payment pages are hosted on secure 3rd party servers that we do not control or warrant the security of. We accept no liability for loss or damage to your computer equipment, programs or data caused by your use of 3rd party payment pages.

We cannot guarantee the speed or security of this website and we shall not be responsible for, or liable to you for any loss or damage caused to your computer equipment, programs or data arising as a result of the presence of any viruses, electronic bugs, trojan horses or other technologically harmful material that may infect your computer due to the use of this website. 

LINKS FROM OUR WEBSITE

Where this website contains links to other websites or resources from other third parties they are provided for your convenience only.  We have no control over the content of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

COPYRIGHT & TRADEMARKS

The copyright in all website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this website belongs to us, our affiliates and our suppliers.

You may download and print extracts from this website if you want to keep a copy or for your administrative purposes provided that you do not modify any material and you retain the copyright notice and provided that you do not make commercial use or gain from the website or any of its content.  Any other use of material on this website is strictly prohibited without our prior written consent.  

All brand names used in the website are trademarks or trade names of their respective holders. Your use of any of these names or titles may constitute an infringement of the holders' rights.

JURISDICTION AND APPLICABLE LAW

This website, all its content and any contract brought into being as a result of its use shall be governed by and construed in accordance with English law. By using this website you agree to submit to the exclusive jurisdiction of the English courts.

 

Document created: 13th August 2013

Last updated: 4th December 2013


Terms of sale

1. Definitions 

In these Conditions

(a) “The Company” means County Building Supplies Limited;

(b) “The Customer” means the person, firm, company or other entity supplied or to be supplied with Goods by the Company; 

(c) “Goods” means the goods, materials, services and/or other items (whether original or substituted) supplied or to be supplied by the Company to the Customer pursuant to any contract made under these Conditions; 

(d) “The contract” means the contract for the supply of goods, materials, services and/or other items by the Company to the Customer to which these Conditions apply; and (e) “Industrial property right” means any patent, trademark, registered design, copyright or any other right or asset registered or protected under statute or any regulations thereunder. 

2. General

(a) The contract between the Company and the Customer shall be governed by these Conditions which shall apply to the contract notwithstanding any conditions to the contrary in the Customer's conditions of trading (which so far as inconsistent with these Conditions shall not apply and shall be deemed to be waived). 

(b) All quotations are submitted, all orders are accepted, and all Goods are supplied by the Company subject to these Conditions and all other conditions, warranties and representations, express or implied and statutory or otherwise, except as to title, are hereby excluded.

No amendment or alteration to these Conditions shall apply unless specifically agreed to in writing by the Company. 

3. Returns

Private Buyers (Consumer Returns Policy):

Please keep your receipt for anything you buy from us. It will ensure we can help you, if you need to bring something back.

 

Products delivered to you

If you buy a product and we deliver it to you, you may cancel your order (or any part of it) for any reason before delivery or within 14 days after delivery by:

  • Email to support[@]countyonline.co.uk or
  • Returning the product to your local County store (you will need to bring your sales advice and the credit/debit card used for payment)

This is subject to the following conditions:

  • The product must be unused
  • Orders which are cut, made to measure or mixed to your requirements will not be exchanged or refunded
  • You will receive a full refund of the price paid (including relevant delivery charges) less any collection charges. If you return a part of an order, we will recalculate any applicable delivery charge for the remaining part of the order and also deduct this from the refund
  • We reserve the right to refuse a return or to require proof of identity.

Trade / Account Customers Returns Policy:

We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. Any such cancellation or return shall be on such terms as we specify and in particular we may charge you a handling fee and all costs incurred on cancelled orders.

We shall be entitled to cancel or suspend a contract if you fail to pay us any sum due pursuant to the contract (whether or not any part of your account is subject to query) or any of the following events occurs or we believe is likely to occur:

(i)                     you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take a benefit for the relief of insolvent debtors; or

(ii)                   you convene a meeting of creditors or enter into liquidation; or

(iii)                 you have a receiver and/or manager, administrator or administrative receiver appointed over your undertakings or any part; or

(iv)                   a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in your respect, or any proceedings are commenced relating to your insolvency or possible insolvency; or

(v)                     you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or

(vi)                   you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

(vii)                 any event similar to the above occurs; or

(viii)               you fail to observe or perform any of your obligations under the contract or any other contract between us and you; or

(ix)                   you encumber or in any way charge any of the goods.

 

 

4. Price and Payment

Online Purchases:

Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, Visa Debit, Visa Electron & Maestro).

All deliveries are subject to prior authorisation of your payment.

The Company’s associated company, First Data (www.firstdata.com) collect payments securely via SSL secured payment page on The Company’s behalf.

If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide The Company with details of the debit or credit card used for the purchase of the goods.

General:

(a) Subject to Conditions 3 hereof, the price payable by the Customer to the Company for the Goods shall be the price thereof specified by the Company in the quotation made by the Company for the supply of the Goods or, if different, the price for the Goods specified in the order acknowledgment or invoice given by the Company to the Customer.

(b) Value Added Tax at the applicable rate shall be paid by the Customer to the Company on the price of the Goods at the time of the payment of the price.

(c) If the quotation made by the Company for the supply of the Goods or the order acknowledgment given by the Company to the Customer does not provide that the price includes the costs of packaging, insuring or delivering the Goods to the Customer, then the  costs of packaging, insuring and delivering the Goods (as the case may be), together with Value Added Tax thereon at the applicable rate, shall be added to the price of the Goods and be paid by the Customer to the Company as part of the price of the Goods in accordance with paragraph (d) of this Condition.

(d) For customers with a credit account facility, payment for the Goods shall be made by the Customer to the Company within 30 days after the month of delivery to the Customer by the Company in respect of the supply of the Goods and time for payment shall be of the essence of the contract.

(e) Unless otherwise specifically agreed by the Company, accounts are strictly net.

(f) Interest at the rate of five per cent (%) per annum above the base lending rate from time to time and for the time being of the Bank of England shall be payable on any sum payable by the Customer to the Company and not paid on the due date from the due date for payment thereof until the date of actual payment thereof to the Company and that whether or not after judgment or decree. Such interest shall be calculated on the basis of the actual number of days elapsed.

(g) Unless the customer in writing ascribes any payments to account to any particular invoices the company shall have the absolute right to ascribe payments to account to any invoices, due and payable as at the date of receipt of the payment of account regardless of the dates of the invoices and of any rule of law to the contrary. 

Any price quoted by the Company shall be eligible to increase to cover the expenses incurred by the Company as a result of any delay arising from the Customer’s instruction, or lack thereof.

Unless the Company has agreed in writing that the price of the Goods shall be fixed, the Company reserves the right to invoice the Goods at the price or prices thereof prevailing at the date of supply or dispatch to the Customer or to a nominee of the Customer and, without prejudice to the generality but subject as aforesaid, the Company reserves the right to increase the price of the Goods to cover any increase in the cost of production or supply of the goods howsoever arising. 

 

5. Delivery, Title and Risk

The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by The Company.

If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. Where you wish the goods to be redelivered to you, you shall be liable for the costs of re-delivery and the goods shall not be re-delivered until The Company has received payment in full for such costs.

If delivery to a specified location is not practical or possible within the normal remit of our delivery services, you will be advised as soon as possible and:

a)    Pay the full costs of delivery if higher than quoted (estimated).

b)    Receive a refund for delivery charges and arrange collection of the goods.

If Delivery is refused you agree to pay the costs to The Company for reasonable restocking fees and returning of items to The Company.

The Company accepts no liability for failure to meet quoted delivery times, which shall be treated as estimates only.

Unless the customer challenges in writing to the company any invoice submitted by the company, within 7 days of its receipt the customer shall be barred from challenging the invoice and shall be deemed conclusively to have accepted that the goods described therein were received and that the sum claimed in the invoice is due.

Unless the Company shall otherwise agree in writing, the Company shall not be bound to deliver or supply the Goods in one lot, shipment or consignment and the Customer shall be bound to accept split deliveries or delivery or supply of the goods by instalments.

The Company shall have no liability in respect of any shortfall or short weight in the Goods or in respect of the Goods being damaged upon delivery unless the Customer signs for the goods as damaged or refuses the goods. The customer has the right to inspect and open the goods upon delivery.

Notwithstanding the delivery or supply of the Goods to the Customer, the property in and title to the Goods shall not pass to the Customer until the price payable by the Customer to the Company for the Goods shall have been paid in full by the Customer and, until such payment in full of the price has been made, the property in and title to the Goods shall remain with the Company.

The risk of loss or damage to the Goods shall pass to the Customer when the Goods are appropriated to the contract or are delivered or supplied to the Customer or to a nominee of the Customer, whichever shall be the earlier.

Where the Customer requests that delivery or supply of the Goods be delayed beyond the quoted delivery or supply date, then the Company shall be entitled to invoice the Customer for payment of the Goods as if the Goods had been delivered or supplied to the Customer on the quoted delivery or supply date and the Customer shall reimburse to the Company, on the demand in writing of the Company, all costs and expenses (including storage and insurance costs) incurred by the Company in connection with the Goods from the quoted delivery or supply date of the Goods to the date of actual delivery or supply thereof to the Customer or to a nominee of the Customer. 

6. Warranties

(a) Save as provided in Section 12 of the Sale of Goods Act 1979, the Company gives no warranty and makes no representation whether express or implied as to any matter whatsoever including (without limitation) condition, merchantability or fitness for any purpose.

(b) The Company accepts no liability for any loss or damage suffered by the Customer or any third party as a result of or caused by the use of the Goods for a use or purpose for which the Goods were not designed.

 (c) The Company shall incur no liability in respect of any defect or fault in the Goods unless:

(i)             the customer signs for the goods as damaged or refuses them

(ii)           the Customer gives the company carriers such opportunity as the Company may reasonably require to examine or inspect the defective or faulty Goods at the premises of the Customer;

(iii)          the Customer forthwith upon the discovery of such defect or fault by the Customer  ceases to use the defective or faulty Goods unless otherwise authorized by the Company  in writing; and 

(d) The liability of the Company under this Condition shall be limited to replacing, repairing or making good the defective or faulty Goods or, at the option of the Company, giving credit or reimbursing to the Customer the price (whether in whole or in part) paid by the Customer to  the Company for the defective or faulty Goods. 

7. Consequential loss and damage

Save as herein expressly provided and except as provided in Section 16 of the Unfair Contract Terms Act I 977 (liability for death or personal injury resulting from breach of duty), the Company shall not be liable to the Customer or to any third party for any loss or damage (whether direct or consequential) suffered in respect of the Goods or arising from or caused by any defect or fault in the Goods and the Company shall be indemnified by the Customer against all third party claims made in respect of the Goods. 

8. Customer's Specification

(a) If the Customer requires the Goods to be manufactured or supplied to the Customer's design, the Customer must provide to the Company a detailed design and/or specification of the Customer’s requirements when the Customer orders the Goods. The Company shall not be liable for any defect or fault in the Goods resulting from the Goods being manufactured or supplied in accordance with the Customer's design and/or specification of the Goods.

(b) The Customer shall indemnify and so free and relieve the Company from and against any claim, cost, charge or expense in respect of the infringement or breach of any industrial property right as a result of or caused by the manufacture or supply of the Goods by the Company in accordance with the Customer's design or specification. 

9. Financial Condition

If the Company shall consider that the Customer's financial condition does not at any time justify the agreed terms of payment, the Company may, having given notice in writing to the Customer, cancel any unfulfilled order or the contract unless the Customer shall forthwith make payment to the Company for the Goods already delivered or supplied by the Company to the Customer or to a nominee of the Customer or shall make prior payment for the Goods ordered but non-delivered or supplied, or both, at the Customer's option. The Company shall be entitled to cancel without penalty by notice in writing to the Customer any unfulfilled order or the contract if the Customer becomes insolvent, goes into liquidation, enters into a composition with its creditors or has a receiver appointed over the whole or any part of its property and undertaking. 

10. Force Majeure

The Company shall not be liable or responsible for any failure to perform in whole or in part for any delay in performing any of its obligations under these Conditions caused by act of God, war, insurrection, government regulations, embargoes, strikes or walk-outs, illness, flood, fire, equipment breakdown or any other cause beyond the control of the Company. Should any such event occur, the Company at its option may cancel or suspend (or both) the contract without incurring any liability whatsoever for any loss or damage thereby occasioned.

11. Set Off

The Customer hereby waives any and all existing or future claims for compensation or set off against any payments due by the Customer to the Company under the contract and the Customer shall pay to the Company the amounts payable to the Company under the contract on the due date or dates for payment thereof regardless of any compensation, set off or counter claim on the part of the Customer against the Company. 

12. Remedies

Any remedies conferred on the company by these conditions shall be without prejudice to any other remedies available to the company.

13. Invalidity

If any provision of the Conditions is or becomes invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions of  these Conditions or of the contract shall not in any way be affected or impaired.

15. Headings

The headings used in these Conditions are for ease of reference only and shall not in any way affect the construction or interpretation of these Conditions. 

16. Health & Safety

Certain goods supplied by us could, if incorrectly used, give rise to risks to health and safety. Information in respect of such goods is available from us. You undertake that you will ensure compliance by your employees, agents and customers with any instructions given by us or the manufacturer or our supplier and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of any person handling, using or disposing of them.

17. Waste & Disposal

You will be responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations and waste management licences relating to such waste, including the appropriate disposal by you of any goods marked with a crossed out wheelie bin symbol, save where you are a consumer and it is our responsibility at law. You will indemnify us against all costs, claims, liabilities and expenses arising from any breach by you of this provision.

18. Export / Overseas Contracts

In relation to goods sold for delivery outside the UK, the Channel Islands and the Isle of Man, risk in the goods shall pass to you when they leave our premises. Shipping and insurance shall be payable by you but will be managed by us unless otherwise agreed. You are responsible at your own expense for obtaining any licence and complying with any export or import regulations in force within any country for which the goods are destined. We reserve the right not to supply certain customers or countries and to require from you full details of the end use and final destination of the goods.

19. Bribery & Money Laundering

You agree that you will not, in connection with the goods or services to be supplied under this contract, bribe or attempt to bribe us, or any of our employees, agents or affiliates nor cause us to be in violation of any applicable bribery or anti money laundering laws. We may terminate the contract in the event of your breach of this clause. You shall indemnify us against all liabilities, costs, expenses, damages, claims, demands and losses suffered or incurred by us arising out of or in connection with any breach of this clause, whether or not the contract has been terminated.

20. Legal Construction

These Conditions and the contract and the validity and performance thereof shall in all respects be governed by and interpreted in accordance with the law of England and the Company and the Customer propagate to non-exclusive jurisdiction of the English Courts.    

 

Document created: 14th August 2013


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