TradePoint Supply & Install Terms & Conditions
These Terms are for TradePoint customers
THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO YOUR ORDER. PLEASE MAKE SURE THAT YOU READ THEM CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT.
WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 11 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 15.
1. Words used in these Terms
“Customer Advisor” means a member of the B&Q staff, who is not a qualified tradesman, who produces a Plan for you or assists you with the production of a Plan.
“Delivery Terms” means the terms that apply to our Product delivery services, full details of which can be found in store and on our Website.
“Estimate” means an estimated price for Products and/or Services. It is not part of the Order and cannot be accepted by you.
“Order” means your order for the Products, Services and/or a Survey (as applicable), placed in store, through our Website, by telephone or using such other means as we may permit from time to time.
“our agreement” means the agreement pursuant to which we provide the Products, Services and/or Surveys, comprising these Terms and any additional terms that apply to any Services we provide, quote we give or any promotional or special offers.
“Plan” means a design plan created using our design tool, whether produced by you or a Customer Advisor and whether based on either: (i) a basic visual inspection of the area specified by you; or (ii) measurements and descriptions provided by you, in each case for the purposes of providing you with an Estimate.
“Products” means the goods and products that we sell.
“Quotation” means a fixed price for Products and/or Services provided by us against which you can place an Order in accordance with these Terms.
“Sales Advice” means a document provided by us to you which confirms your Order and which contains details of the Products, Services and/or Survey(s) (as applicable) to be supplied to you together with the price for those Products, Services and/or Survey(s).
“Services” means the services ordered by you and set out in the Quotation and/or Sales Advice (as the case may be).
“Survey” means a visual inspection of the area specified by you in order to: (i) verify the Plan and/or (ii) produce a Quotation.
“Terms” means the terms and conditions set out in this document.
“we”, “us” or “our” means TradePoint; TradePoint is a trading name of B&Q Limited, a limited company registered in England and Wales (company number 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.
“Website” means the website (www.trade-point.co.uk (or such other URL as we may specify from time to time)) that is operated by us or on our behalf.
“you” or “your” means the person(s) placing an Order. If you place an Order on behalf of a company, organisation or other entity, then (i) “you” includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms, and that you agree to these Terms on behalf of yourself and the company, organisation or other entity.
2. Basis of sale
These Terms apply to your Orders for, and purchases of, Products, Services and/or Surveys in connection with TradePoint Spaces and such other service offerings as we may determine from time to time.
Please check that your Order (and where relevant your Quotation) is complete and accurate before you commit yourself to your Order. Following receipt of your Order we may (depending on the nature of your Order) provide you with a Sales Advice. Please check the Sales Advice when you receive it; you must notify us if the Sales Advice is inaccurate.
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.
Your Order is an offer to purchase from us. When you place an Order with us, you do so in accordance with these Terms, subject to our acceptance of your Order.
Unless we have notified you that we do not accept your Order or you have cancelled it in accordance with our returns policy, we accept your Order as follows:
where you place an Order via the Website, we accept your Order: (i) seven days after the date of the Order; or (ii) when we start to provide the Survey or Services or make the Products to your specification or dispatch the Products or the Products are collected by you in store (as the case may be), whichever is earlier;
where you place an Order in store, we accept your Order when we provide you with a Sales Advice confirming that the Order has been placed and processed; and
when you place an Order by telephone, we accept your Order when we confirm that the Order has been placed and processed.
These Terms (and our agreement) will become binding on you and us when we accept your Order as described in the preceding paragraph. The processing of your payment and acknowledgment of receipt of your Order (whether by email, telephone or otherwise) does not constitute legal acceptance of your Order.
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. If we do not accept your Order (whether in whole or in part) we will refund any monies paid in connection with that Order (or that part of the Order that we do not accept).
These Terms are between you and us, regardless of whether a third party (eg your customer) pays for the Order.
The provision of the Services may be subject to additional terms. Where this is the case, these additional terms will be brought to your attention.
Any standard terms which appear on your orders or your other documentation or communications shall not apply to our provision of Products, Services or Surveys to you.
These Terms are only in the English language. These Terms will not be filed by us.
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.
3. Quotations, Estimates and Surveys
The following terms apply where we carry out a Survey and provide you with an Estimate in advance of the Survey and a Quotation following the Survey:
For certain types of Products and Services we may give you a Quotation without producing a Plan or carrying out a Survey.
If we give you an Estimate it is indicative only and subject to us carrying out a Survey. You will need to place an Order for the Survey.
If we carry out a Survey you will need to bring to our attention anything which is relevant to the Products and/or Services you require.
After we have carried out a Survey we will normally give you a Quotation for the Products and/or Services.
The Quotation will include a schedule setting out the Products and/or Services we are quoting to provide (“Schedule of Works”).
Quotations are only valid for the period of days specified on the Quotation or, where none is specified, 14 days from the date of the Quotation. If you do not accept a Quotation by placing an Order within this period, the Quotation is withdrawn unless we agree otherwise in writing.
If a Survey is required but we are unable to carry out an appropriate visual inspection (for example, if building works are not complete) we may need to carry out a second Survey and we reserve the right to charge an additional fee for that second Survey.
Changes to your Order and/or Quotation (including the Schedule of Works, price and delivery dates) may be required as a result of the second Survey. If changes are required we will provide you with an amended Quotation or a new Quotation. If you do not accept the amendments or the new Quotation, we will cancel the Order and you will receive a refund of the price paid (if any), save for the Survey fees.
4. Services: General
We will only carry out the Services using Products that you have purchased from us or an authorised third party acting on our behalf, unless we agree otherwise. You must ensure that the Products you select and purchase are suitable for your needs and are suitable for the Services you order.
You will need to obtain all necessary planning permissions, local authority consents and other consents and permissions required for the Services before they start. It is not our responsibility to check that you have obtained any required consents or permissions. You must allow us or our agent to inspect these consents and permissions if we ask.
You must inform us if the property where the Services are to be provided is listed, located within a conservation area or otherwise subject to restrictions which may impact on the Services. It is your responsibility to check that the Services will not violate any such restrictions.
We will only provide the Services set out in the Sales Advice or, where relevant, the Quotation and/or Schedule of Works or as otherwise agreed between you and us. If you want us to provide any additional services we may need to agree an additional Order with you.
The Services will be provided with reasonable skill and care. We will try to keep disruption to water, gas and electricity supplies to a minimum.
The Services may be provided by a third party on our behalf.
You will need to provide us, and any third party carrying out the Services on our behalf, with free, safe and proper access to the property concerned (including the loft and garden) and free, safe and proper storage for our and (where relevant) their equipment and property while carrying out the Services, including an area to store any waste and also for any Products we deliver to you before the Services start (if any). You will take such other steps as you reasonably can to enable us to provide the Services.
We reserve the right to refuse to provide the Services and cancel your Order where we have reasonable grounds for doing so (such as concerns over the safety of our employees and contractors or where you ask us to perform the Services in a manner that contradicts our reasonable recommendations). If we cancel your Order in these circumstances, you will receive a refund of the price paid.
If we have agreed to remove pre-existing units, fixtures or fittings this may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused but unless we have agreed to do so or we have failed to exercise reasonable skill and care, the Services do not include us ‘making good’ any damage caused, painting, decorating or tiling.
Unless we agree otherwise or unless resulting from the negligence of us or any subcontractor appointed by us, the Services do not include, and we shall not be responsible for, the correction of:
any faults or failures in the supply of water, electricity, gas or other services to the property where the Services are to be provided nor any faults or failures in the water or drainage systems or any other conduits or systems connected to the property; or
accidental or wilful damage or defective works caused by other persons in relation to the property where the Services are to be provided.
The workmanship carried out during our provision of the Services may be subject to a Workmanship Guarantee. Please see the separate terms applicable to this Guarantee (where applicable).
Any reduction in energy consumption (including any calculation of potential costs savings) that we provide to you is approximate only and, unless we have failed to take reasonable skill and care, we shall not be responsible if the reduction or savings are not achieved following the provision of the Services.
Unless we agree otherwise, the Services do not include the removal of any waste and you will need to make your own arrangements for the disposal of such waste.
5. Additional works
If additional works are: (i) found to be necessary (including the removal and disposal of asbestos and any other hazardous substances); or (ii) requested by you, in each case during the course of the provision of the Services, we reserve the right to charge additional fees for the Products and/or Services to be provided. Where such additional works are found to be necessary, work under your Order will be suspended and we may provide you with a quotation for the additional work. If you accept the quotation we will recommence work under your Order and carry out the additional works. The provision of additional works may be subject to separate terms and conditions.
Such additional work may be fundamental to the provision of the Products and/or Services and, as a result, we reserve the right to suspend the provision of the Products and/or Services until such additional works have been completed, whether by us or a third party to our satisfaction. If you do not agree to the additional works, you may cancel your Order and you will be liable to pay our charges for the Products provided and/or Services carried out prior to cancellation. You will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to cancellation.
If you do not agree to the additional works and cancel your Order we will not be responsible for ‘making good’ any damage or disruption caused, painting, decorating or tiling and, although we will try to limit the amount of damage and disruption caused, we will not be responsible for putting the property where the Services are to be provided back in the condition it was in prior to us providing the Products and/or Services, unless we have agreed to do so or we have failed to exercise reasonable skill and care.
6. Prices, payment and availability
The following terms apply to prices determined solely from information you provide to us and where we have not provided you with an Estimate or Quotation:
In order to ascertain the price payable for the Services you Order, you must provide us with certain information in response to our questions about the property where the Services are to be provided. The initial price you pay for your Order is calculated based upon your responses to these questions.
When we attend the property to carry out the Services, we will verify that the initial price you have paid for your Order is correct. If we determine (in accordance with our list prices) that the total cost of your Order will exceed your initial payment, we reserve the right to charge additional fees for the Services to be provided. If you do not accept the additional fees we will cancel the Order and you will receive a refund of the price paid. If we determine that the total cost of your Order will be less than your initial payment, you will receive a refund of the amount you have paid that exceeds the total cost of your Order.
The following terms apply in all circumstances:
You must pay for all Surveys, Services and Products you purchase from us or an authorised third party on our behalf (if any), together with associated VAT (or GST (as defined below)) and delivery charges, in advance, unless we have agreed otherwise in advance in writing. Payment must be made by credit or debit card if you place your Order by telephone.
All prices include applicable sales tax (including VAT or (in Jersey only) applicable Goods and Services Tax (“GST”)), unless expressly stated otherwise. The rate of sales tax will be determined in accordance with applicable law. The exact amount of sales tax will be shown on the sales tax invoice (where provided).
Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Products you order, the delivery address and the delivery method you select; please see our Delivery Terms for further details.
In the event that the total cost of your Order differs from the initial price you paid, such that an additional payment or refund (as the case may be) is required that post-dates a change in the rate of sales tax, we may adjust the sales tax you pay for the total cost of your Order in accordance with applicable law.
If you only place an Order for a Survey you will only be obliged to pay the Survey fee set out in the Estimate, Sales Advice or otherwise notified to you. You will need to pay for each Survey regardless of whether or not you decide to accept our Quotation and place an Order for Products and/or Services.
We may update prices at any time. Despite our best efforts, we may occasionally misprice our Surveys, Services and/or Products. If this happens then we will not be obliged to supply the Survey, Services and/or Products at the incorrect price or at all. We will (at our discretion) either cancel your Order (and refund the price you have paid) or endeavour to contact you and ask you whether you wish to continue with the Order at the correct price. If we are unable to contact you or you do not wish to continue with the Order at the correct price, we will cancel your Order and refund the price you have paid.
From time to time we may apply promotional prices to our Surveys, Services and/or 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. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
If you use a credit/debit card to pay for your Order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your Order.
All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps 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 for those Products. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your Order for those Products and refund the price you have paid for those Products.
If we produce a Plan it is for the sole purpose of providing you with an Estimate and is indicative only. It is based on either a basic visual inspection for aesthetic purposes only or the measurements and information you provide.
All Plans (and all intellectual property rights (including copyright) within the Plans) will be owned by us and may only be used by you in connection with an Estimate, Quotation or Order for Products and/or Services from us and/or the provision of Services by us to you. You assign to us all right, title and interest (including any intellectual property rights) in and to each Plan created by you (and agree to sign any document at our request and our reasonable expense to give effect to this assignment) and you waive all moral rights in and to that Plan.
We will not be liable for the accuracy and suitability of the Plan and you should not rely on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any installation work or otherwise relying on the Plan.
If you provide us with measurements you must ensure they are correct and accurate. You are responsible for the accuracy of measurements you provide.
If there is an error in the measurements you supply and the Products and/or Services are made or supplied to those measurements, we will not refund the cost of the Products and/or Services provided, unless the Products are faulty or we have failed to exercise reasonable skill and care.
9. Delivery/Start of work
We will take reasonable steps to meet any estimated date(s) set out on the Quotation, Sales Advice or as otherwise agreed between us for starting the Services. Subject to availability and our Delivery Terms, where we have agreed to deliver Products, we will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your Order for those Products. Occasionally these date(s) may be affected by factors beyond our reasonable control and so these date(s) cannot be guaranteed. We do not recommend removing fixtures and fittings such as toilets, showers or sinks that provide essential day to day services, until shortly before the Services are due to start or (where applicable) you have received your ordered Products and checked all of them for any defects or missing parts. We will let you know if we become aware of an unexpected delay and will arrange a new date with you.
You must take reasonable steps to collect or take delivery of the Products (where applicable) and do everything you reasonably can to ensure that we can start the Services on any estimated or specified date(s). Where the Services require Products purchased by you separately to your Order, you are responsible for ensuring that you have sufficient suitable Products for us to perform the Services and those Products are available at the property when we start the Services. If you do not have sufficient suitable Products, we may need to arrange a subsequent visit to complete the provision of the Services and we reserve the right to charge you a further fee for this. You must let us know if you wish to re-arrange the delivery/commencement date(s) and we will arrange a new date with you.
If we are unable to start the Services or deliver the Products (where applicable) as a result of your action or inaction (for example, you are not present at the property or you have not cleared the area where the Services are to be provided), we will need to arrange a subsequent visit to complete the provision of the Services or deliver the Products and we reserve the right to charge you a further fee for this.
Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your Order.
For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant Products need to be transported from the delivery location, unless we have agreed to do this as part of the Services.
10. Risk and ownership
For UK, Éire and Guernsey customers:
If any Products are provided to you by us or an authorised third party on our behalf, on delivery of the Products to you (or collection of the Products by you), all risk of damage to, or loss of, them shall pass to you and you will be responsible for them.
For Jersey customers:
If any Products are provided to you by us or an authorised third party on our behalf, save as set out in the Supply of Goods and Services (Jersey) Law 2009, on delivery of the Products to you (or collection of the Products by you), all risk of damage to, or loss of, them shall pass to you and you will be responsible for them.
For all customers:
You will need to safely and properly store any Products which are delivered to you before Services start (where applicable).
Ownership of the Products will only pass to you on the later of us:
receiving full payment for the Products from you; and
providing the Products to you.
Until ownership of the Products passes from us to you, 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. 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.
If you cancel your Order, you must keep good care of the Products before returning them to us.
11. Cancellation and returns
This section sets out our cancellation and returns policy.
If your Order is for Services only, please see Clause 11.1 for your cancellation rights.
If your Order is for Products and Services (Supply and Install), please see Clause 11.2 for your cancellation rights.
If your Order is for Products only, please see Clause 11.3 for your cancellation rights.
If your Order is a Supply and Install Order, you may cancel the Services element and the Product element separately in accordance with Clause 11.1 and Clause 11.3 respectively.
11.1 Order for Services
You may cancel your Order for the Services for any reason after you have placed your Order and thereafter for up to 14 days commencing the day after the date we accept your Order (as set out in Clause 2). You will lose your right to cancel after the expiry of this period.
You can exercise your right to cancel your Order by contacting us.
If we have not started to provide the Services at your request before the end of the cancellation period you will receive a full refund of the price paid for the Services.
If we start providing the Services at your request before the end of this period then you will be required to pay our charges for the Services carried out prior to you contacting us.
You will only receive a refund for that part of the Services not provided. You will not have the right to cancel your Order for Services once we have completed those Services.
11.2 Order for Products and Services (Supply and Install)
You may cancel your Supply and Install Order for any reason after you have placed your Order and thereafter for up to 14 days commencing the day after the date we accept your Order (as set out in Clause 2). You will lose your right to cancel the Services element of your Order after the expiry of this period.
You can exercise your right to cancel your Order by contacting us.
If we have not started to provide the Services at your request or make the Products to your specification before the end of the cancellation period you will receive a full refund of the price paid for the Products and Services (subject to the provisions of Clause 11.3).
If we start to provide the Services or make the Products to your specification at your request before the end of this period then you will be required to pay for the Services carried out and for the Products which we have made or have started to make to your specification and/or which have been installed, prior to you contacting us.
Subject to the provisions of Clause 11.3, you will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to you contacting us. You will not have the right to cancel your Order for Services once we have completed those Services.
The conditions, time limits and procedures for exercising your right of cancellation with respect to the Product element of your Supply and Install Order are set out in Clause 11.3.
11.3 Order for Products
You may cancel your Order for Products for any reason before dispatch (where applicable) or within 45 days after the date of delivery or collection (as the case may be) by contacting us or returning the Products to a B&Q store (please bring your proof of purchase and, where applicable, the credit/debit card used for payment).
You will lose your right to cancel after the expiry of this period (this does not affect your rights if there is a problem with the Products).
The right to cancel in respect of Products is subject to the following exclusions:
Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications, or otherwise by reason of their nature cannot be returned, will not be exchanged or refunded unless they are faulty or incorrectly delivered;
Products which are liable to deteriorate or expire rapidly, including perishable Products such as plants or turf, will not be exchanged or refunded unless they are faulty or incorrectly delivered;
your right of cancellation does not apply to Products which are not suitable for return due to health or hygiene reasons, if you have opened the Product packaging after delivery or collection; and
your right of cancellation does not apply to Products which become mixed inseparably with other items after delivery or collection (which may be the case where the Products are installed).
In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your Order if the Products are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this Clause and Clause 12.
We will refund you the price paid for the cancelled Products, less any collection or return costs or charges (if any). Where you cancel the entire Order, we will also refund the standard delivery charges paid (if any) or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an Order, we may recalculate any applicable delivery charge and deduct this from the refund.
You must arrange for the return of the Products as soon as possible and in any event not later than 14 days after the day on which you cancel your Order, unless we agree that you may dispose of the Products (in which case you must comply with any disposal instructions). Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products. For certain Products we offer a collection service. Please contact us for further details. We may charge a fee for this service (the fee will depend on the Products returned).
You must keep the Products you wish to return in your possession and take reasonable care of the Products at all times while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).
We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Products (or they have been dispatched to you), we may withhold any refund until we have received the Products or you have supplied proof of return for the Products.
12. Faulty 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 availability) 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.
13. Our right to cancel
We may (at our discretion) suspend further supply or delivery, stop any Products in transit, cancel any Orders, cancel provision of the Services, or cancel our agreement by notice in writing to you if you are in breach of your agreement with us, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be 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 (or that part of it which has been cancelled) shall become immediately due and payable and we shall be under no further obligation to provide Products, Services or Surveys to you, provided that where you have paid for Products, Services and/or Surveys in advance of our cancellation, we shall, at our discretion, supply those Products, Services or Surveys to you or cancel the provision of the same and refund the price you paid.
14. Use of your personal information
In the course of our dealings with you we will collect and process personal information about you, including to administer and process your Order, and to provide the Survey, Products and/or Services. If the Survey, Products and/or Services are provided by a third party on our behalf, your personal information will be passed to the third party for those purposes. We may also engage third parties to verify and audit the Services that are performed for quality control and regulatory purposes; in these circumstances, your personal information will be disclosed to the third party.
Calls to our contact centre may be monitored and/or recorded for quality control and training purposes.
All our obligations to you are set out in our agreement. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in our agreement.
We shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms or otherwise at our discretion.
Without prejudice to the preceding paragraph, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
loss of profits, revenue, sales, income, or business; loss of savings; loss of use or production; loss of goodwill; business interruption; except as set out in Clause 12, remedial costs if the Products or Services 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.
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.
We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a trade customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products by you (or on your behalf).
Our Website, catalogues and other media may contain information and materials created and submitted by third parties, and, to the extent permitted by law, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
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.
We will not be liable or responsible for any failure to perform, or delay in performance of, the Services, Surveys or any of our obligations under these Terms, nor for any defect or damage to Products, or for any failure or delay in supply or delivery of Products, in each case that is caused by events outside our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, 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, acts or restraints of Government, and imposition of restrictions on imports or exports).
Natural products may show some colour variations. To the extent permitted by law, we accept no liability for any discoloration or variation in the colour of natural products.
We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical 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 media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an Order and/or purchasing a Product.
If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable in whole or in part, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
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.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, or we delay in doing so, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
We may update, vary and amend these Terms from time to time without prior notice. When you place an Order, the Terms in force at that time will apply (as set out on our Website or available in store). Please check in store or on our Website to ensure that you understand which Terms apply. These Terms were last updated on January 2015.
17. Governing law and venue for disputes
Our agreement (including any non-contractual obligations arising out of or in connection with it) is governed by and interpreted in accordance with the law of England and Wales and both we and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
18. Contact us
If you have any questions, complaints or concerns with respect to your Order or these Terms, please contact us using the contact details on the Contact Us page on our Website.
Any formal legal notices should be sent to us at the following address, marked for the attention of the Company Secretary of B&Q Limited: B&Q House, Chestnut Avenue, Chandler's Ford, Eastleigh, Hampshire, SO53 3LE, United Kingdom.
If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your Order or we otherwise hold for you.