TradePoint Terms & conditions of Sale
First things first
In these terms, when we say:
- you or your, we mean you, the trade customer;
- we, us or our, we mean TradePoint; TradePoint is a trading name of B&Q plc, a limited company registered in England (Company No: 00973387), whose registered office is B&Q House, Chestnut Avenue, Chandler’s Ford, Eastleigh, Hampshire SO53 3LE, United Kingdom and whose VAT registration number is GB 232 5555 75;
- Delivery Terms, we mean the terms that apply to our delivery services, full details of which can be found in store and on our Website;
- order, we mean an order placed by you for Product(s) in store, through our Website, by telephone or using such other means as we may permit from time to time;
- our agreement, we mean our agreement as defined in clause 2.1;
- Product or Products, we mean the goods and products that we sell;
- Scheme, we mean the TradePoint Membership Scheme;
- Terms, we mean these terms and conditions of sale; and
- Website, we mean the website (www.trade-point.co.uk) that is operated by us or on our behalf.
These Terms set out the basis on which we may sell Products to you as a Scheme member. Subject to clause 3.3, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
Any standard terms which appear on your orders or your other documentation or communications shall not apply to our sale of Products to you. These Terms are only in the English language.
If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.
- In these terms, when we say:
- You confirm that you have authority to bind any business on whose behalf you enter into our agreement.
Buying from us and formation of the contract between us
- You must be a member of the Scheme to purchase Products from us. You must be 18 or over to purchase Products from us.
- Your order is an offer to purchase from us. When you place an order with us, you do so in accordance with the terms of our agreement, subject to our acceptance of your order. If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order.
- We will only accept your order on despatch of the Products ordered by you or on making the Products ordered by you available for collection in store by you (as the case may be), unless we have notified you that we do not accept your order. If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email confirming despatch of the Products ordered by you or their availability for collection in store (as the case may be). We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances. Our agreement is formed when we accept your order. Where Products you have ordered are despatched and/or made available for collection in store separately, a separate agreement is formed for each Product when we accept your order for that Product. The processing of your payment and acknowledgment of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
- Without prejudice to clause 7, you may not cancel your order once it is submitted, unless otherwise agreed with us or where we offer you the facility to do so. Our Website order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each stage of the order process.
- We will take reasonable steps to display as accurately as possible the colours and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other print media. However, we do not guarantee that the images and other detailing that appear on the Website and in our catalogues and other print media will exactly reflect the colour or detailing of the Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.
- Any information on the Website and in our catalogues and other print media regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.
Price and availability
- Prices for Products indicate whether the price is inclusive or exclusive of VAT. VAT will be applied and will be shown on your invoice at the current applicable rate. VAT amounts stated may be subject to rounding variances. The exact amount of VAT will be confirmed on the VAT invoice. This will not affect the total price inclusive of VAT.
- To take advantage of promotional prices, you must quote the relevant promotion code when you order.
- Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order and the delivery method you select; please see our Delivery Terms for details.
- We may update prices at any time. Despite our best efforts, a small number of the thousands of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will endeavour to contact you if this happens.
- From time to time we may apply promotional prices to Products, including Website or in-store only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not be applicable to in store orders or purchases, and in store only prices will not be applicable to Website orders or purchases.
- Prices for commodity goods will be updated regularly, please visit our Website or ask in store for further details.
- Where we provide a quote to you it will be subject to the terms and conditions applicable to that quote.
- All Products are subject to availability. If you order Products which are not available from stock, we will endeavour to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order.
- We must receive payment for Products in advance before your order can be processed, unless we have agreed otherwise in advance in writing.
- You are responsible for all orders placed by your authorised employees.
Getting your Products
- If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Delivery Terms. We do not deliver to the Republic of Ireland or the Channel Islands.
- You can see a full set of our Delivery Terms on the Website.
- Subject to availability and our Delivery Terms, where we have agreed to deliver the Products, we will endeavour to do so on the dates set out in your order, or if no date is specified, within 30 days of the date of your order.
- Products must be signed for on delivery unless we have agreed otherwise. Delivery will be completed when we deliver the Products to the address you specified in your order.
- If you do not receive your Products on the stated delivery date, you must notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your ordered Products and checked all of them for any defects or missing parts.
- The Products remain our property until you have paid for them in full. On delivery of the Products to you (or collection of the Products by you (as the case may be)), the Products shall be at your risk and responsibility. Until ownership of the Products passes from us, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. Once ownership of the Products has passed to you, you may resell or use the Products in the ordinary course of your business. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.
- On receipt of the Products you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us within 48 hours of receipt otherwise you will be deemed to have accepted the Products and we shall not be liable for having supplied the incorrect type and/or quantity nor shall we be liable for any damage or defect.
- Providing that you tell us of any problem within 48 hours of receipt of the Products we will, (subject to clause 4) either make good any shortage or non-delivery; or (at our discretion) offer you a replacement, repair or refund for the Products in question. Where Products are to be returned to us we will arrange this with you.
- Under our 45 day returns policy, you may return to us at your own cost all or part of the Products which you have received and which you no longer want (provided they are unused and are not incorrect, defective or damaged) by giving us notice within 45 days of the date of your order being placed. Products which have been cut, made to measure, mixed to your requirements, or otherwise customised or made to your specifications cannot be returned under our 45 day returns policy.
All our obligations to you are set out in our agreement.
We are not liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any:
- loss of profits, revenue, sales, income, or business;
- loss of savings;
- loss of use or production;
- loss of goodwill;
- business interruption;
- subject to clause 7.2, remedial costs if the Products are damaged or defective;
- damage to property or possessions through use or misuse of the Products;
- loss caused by delay or other late performance; and
- indirect or consequential losses.
Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
Except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.
Natural products may show some colour variation. We accept no liability associated with such variations.
- All our obligations to you are set out in our agreement.
Our rights to cancel
- We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you.
Events beyond our control
- We shall have no liability to you for any failure or delay in supply or delivery, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes).
Disposal of electrical and electronic equipment
- The WEEE regulations aim to ensure waste from certain electrical and electronic equipment is reduced, separated from household waste, and ultimately disposed of in a sound environmental manner. As a trade customer, you agree that the collection, recovery/treatment and disposal of non-household electrical or electronic equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest designated collection facility (DCF). To find your nearest DCF go to www.recycle-more.co.uk. We are making financial contributions towards the running of these facilities and the onward recycling of this waste.
Contacting us and you
- To contact us, please see our Contact Us page on the Website. Any formal legal notices should be sent to us at the address specified in clause 1.1.2, marked for the attention of the Company Secretary of B&Q plc.
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.
- If any of the terms in our agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not effective with a similar term that is effective.
- No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- You may not assign or transfer your rights under our agreement.
- Our agreement (including any non-contractual obligations arising out of or in connection with it) is governed by and interpreted in accordance with English law and both we and you agree to submit to the exclusive jurisdiction of the English courts.
- We may update, vary and amend these Terms from time to time without prior notice. Each time you order a Product from us, the Terms in force at that time will apply. Please check in store or on our Website to ensure that you understand which Terms apply to your order. These Terms were last updated on 22 April 2013.