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The DIY Shop Ltd

 TERMS and CONDITIONS of SALE
 

1.  Information about us

1.1 www.diyshop.com is a site operated by The DIY Shop Limited (“we”). We are registered in England and Wales under company number 6357804 and with our registered office at Alex House, 260-268 Chapel Street, Salford, Manchester, M3 5JZ. Our VAT number is 712504964

2.  Your Status

2.1 By placing an order through our site, you warrant that:

2.1.2 You are legally capable of entering into binding contracts; and

2.1.3 You are at least 18 years old.

3.   How the Contract is Formed between you and us

3.1 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.  Your order constitutes an offer to us tobuy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you bysending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

3.3 The processing of your payment and acknowledgement of your order does not constitute legal acceptance of

your order.

3.4 You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order and we will not be obliged to accept an order unless all details requested on the order have been entered correctly.

3.5 We are entitled to refuse any order placed by you and will not be required to provide an explanation.

4.   Our Status

4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal  contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

4.2  We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We  cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against  the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5.  Consumer Rights

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5.3 This provision does not affect your statutory rights.

6.   The Products

6.1 Our website offers DIY and related products for sale to you at the prices quoted therein.

6.2 All photographs of the Products and Product images are for illustrative purposes only.

6.3 Products may be updated and improved by us or by our suppliers without product illustrations being updated.

6.4 At certain times the colour of products may differ from the product illustrated.

6.5 We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a  substituted product you, the buyer, shall be entitled to return the goods in the same condition in which you received them for a full refund within 7 working days from the date of delivery, should the substituted product not be acceptable to you. In such cases, the cost of returning the goods will be met by us.

6.6 All Products on the website are sold subject to compliance with the laws of England and Wales. If you are not intending on using the Products in England and Wales Scotland, Ireland, Northern Ireland or Europe please  contact us prior to placing your order to ensure the Products are suitable for use in the jurisdiction you are intending to use them in.

7.  Availability and Delivery

7.1 We will deliver the goods to the address as listed by you, or to an alternative address as agreed between us. A valid signature will be required on delivery of the goods to you.

7.2 We will normally expect to make delivery to you within 14 days of receipt of your order. In the event that we are unable to deliver any item on your order within 14 days of receipt of your order, we will give you the option of cancelling your order for that item.

7.3 You must do all that you reasonably can to ensure that delivery can take place. If you have not received all the

goods within the stated delivery time you must notify us immediately at sales@diyshop.com.

7.4 We reserve the right to charge additional delivery charges if the goods are returned to us after 3 delivery attempts by our courier to you and you have not accepted delivery of such goods.

7.5 We reserve the right to charge additional delivery charges for all goods to be delivered to Northern Ireland, Republic of Ireland, Scottish Islands, Channel Islands, Isle of Man, and all other areas outside the UK. These additional charges will be determined by location and weight. Please e-mail us at sales@diyshop.com for a quote prior to placing your order.

8.  Risk and Title

8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9.  Price and Payment

9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. All  prices and transactions will be in UK £ Sterling.

9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as detailed on our website.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.4 We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)

9.5 In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery.

9.6 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.8 Payment for all Products must be by credit or debit card or other means accepted by our check-out process.  By placing an order, you, the buyer, consent to payment being charged to your credit or debit card account or any other method of payment processed by our check-out procedures.

10. Our Refunds Policy

10.1 When you return a Product to us:

        10.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

        10.1.2 for any other reason (for instance, because have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

10.2 You must notify us immediately of any alleged defect in or damage to the goods within three days from the date of delivery, via e-mail to sales@diyshop.com

10.3 All returned products must be in their original packaging.

10.4 We will not accept responsibility for returned items damaged or lost in the post. We therefore advise you to take out postal insurance.

10.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. Your Warranty

11.1 You, the buyer, warrant that all details provided on the order for the purpose of purchasing the Products are correct, that the credit or debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Products.

12. Our Liability

12.1 Our liability for losses you suffer as a result of us breaking this Agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us

12.2 We shall be under no liability in respect of any defect arising from; fair wear and tear, wilful damage, negligence, abnormal working conditions and use of goods, failure to follow manufacturer’s instructions and guidelines, misuse or alteration or repair of the goods or any failure or defect arising out of use of Products which are designed specifically for use in England and Wales when those Products are being used by you outside of England and Wales.

12.3 This does not include or limit in any way our liability:

       12.3.1 For death or personal injury caused by our negligence;

       12.3.2 Under section 2(3) of the Consumer Protection Act 1987;

       12.3.3 For fraud or fraudulent misrepresentation; or

       12.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

12.4 Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977

section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose

or otherwise of the goods.

12.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

        12.5.1 loss of income or revenue;

        12.5.2 loss of business;

        12.5.3 loss of profits or contracts;

        12.5.4 loss of anticipated savings;

        12.5.5 loss of data;

        12.5.6 loss of data, or

        12.5.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12.6 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.

13. Import Duty

13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws

14. Written Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights

15. Notices

All notices given by you to us must be given to sales@diyshop.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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

16. Transfer of Rights and Obligations

16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract

17. Events Outside our Control

17.1 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 events outside our reasonable control (“Force Majeure Event”)

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

        17.2.1 Strikes, lock-outs or other industrial action

        17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war

        17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

        17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

        17.2.5 Impossibility of the use of public or private telecommunications networks

        17.2.6 The acts, decrees, legislation, regulations or restrictions of any government

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event

18. Waiver

18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations        

18.2  A waiver by us of any default shall not constitute a waiver of any subsequent default

18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law

20. Entire Agreement

20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

20.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions

20.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

20.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

21. Our Right to vary these Terms and Conditions

21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities

21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products

22. Intellectual Property

22.1 The copyright in the material contained in this website and any trademarks and brands included in that material belongs to The DIY Shop Limited or its licensors

22.2 You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited

23. Website

23.1 We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

23.2 All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods

23.3 We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability

24. Queries and Complaints

24.1 We aim to respond to e-mail queries within 48 hours

24.2 In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done

25. Law and Jurisdiction

25.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales

26. Privacy Policy

26.1 We are committed to protecting and respecting your privacy. This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

26.2 For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is The DIY Shop Limited of Alex House, 260-268 Chapel Street, Salford, Manchester, M3 5JZ

26.3 We may collect and process the following data about you:

26.3.1 Information that you provide by filling in forms on our site www.diyshop.com (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by The DIY Shop Limited or when you report a problem with our site;

26.3.2 If you contact us, we may keep a record of that correspondence;

26.3.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

26.3.4 Details of transactions you carry out through our site and of the fulfilment of our orders; and

26.3.5 Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access

26.4 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to a) to estimate our audience size and usage pattern; b) to store information about your preferences, and so allow us to customise our site according to your individual interests; c) to speed up your searches; and d)to recognise you when you return to our site

26.5 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. Please also note that our advertisers may also use cookies, over which we have no control.

26.6 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy

26.7 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone

26.8 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access

26.9 We use information held about you in the following ways

        26.9.1 to ensure that content from our site is presented in the most effective manner for you and for your computer

        26.9.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes

        26.9.3 to carry out our obligations arising from any contracts entered into between you and us

        26.9.4 to allow you to participate in interactive features of our service, when you choose to do so; and

        26.9.5 to notify you about changes to our service

26.10 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006

26.11 We may disclose your personal information to third parties:

        26.11.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, or

        26.11.2 If substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets, or

        26.11.3 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms; or to protect the rights, property, or safety of ourself, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction

26.12 If you have the right to ask us not to process your personal data for marketing purposes we will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at sales@diyshop.com

26.13 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

26.14 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

26.15  We DO NOT store your Credit or Debit Card details under any circumstances.

 

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PLEASE NOTE: WE ARE UNABLE TO ACCEPT ORDERS OR PAYMENTS BY PHONE. ALL ORDERS MUST BE PLACED ONLINE. THANK YOU.

THE DIY SHOP LTD. G5 BARTON HALL INDUSTRIAL ESTATE, HARDY STREET, ECCLES, M30 7NB, ENGLAND
VAT: GB712504964 | COMPANY NUMBER: 6357804 | Phone: 0161 707 9048 | eMail: sales@diyshop.com