Bespoke Order Terms and Conditions of Sale
Quotes and Orders
Thank you for requesting a quote from us (the ‘Quote’). Please ensure the Quote is correct and read these terms and conditions carefully before placing your order for the products within the Quote. By placing your order, you agree to be bound by these terms and conditions.
All prices in the Quote are stated exclusive of VAT and you consent to receive sales invoices electronically.
Your order is an offer by you to us, to buy the products in the Quote.
When you place an order to purchase products, once payment is successfully received, we will send you an e-mail confirming receipt of your order and containing the details of your order and the date/time/location for collection or delivery of the order (the ‘Order Confirmation’). The Order Confirmation is an acknowledgement that your order has been received by us but does not constitute acceptance of your offer to buy the products within the Quote.
We only accept your offer, and conclude the contract of sale for the products ordered by you, when you collect the products from the designated place of collection or when we (or our agent) dispatch the products to you.
If we are unable to verify you as the owner of the payment card/method used to pay for your order, we may require you to provide further evidence of identity prior to accepting your order and we may cancel the order if we are not satisfied with the evidence provided.
In the Quote we list availability and price information for products which is correct at the time of creation of the Quote. We accept no liability for any subsequent unavailability of any products or for any variation in price between the time of the Quote and the time of collection or dispatch. We will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. If a product’s correct price is higher than the price in the Quote, we may contact you before collection/dispatch to request whether you want to buy the product at the correct price and, if you do not, we may cancel your order.
Unless you have indicated during the ordering process that you wish the products to be delivered, you agree to collect the products from the collection premises set out in the Quote, within 5 days from the time that we tell you that products are ready for collection. If you fail to collect the products within 5 days then we may (at our option) either store the products and charge you our costs of doing so or cancel your order.
Where we have agreed to deliver the products to you, then we shall do so at your risk and cost, using a delivery method chosen by us (at our discretion) and to such address in the United Kingdom as is accepted by us and indicated on the Order Confirmation.
All deliveries must be received and signed for by a person over the age of 18. If we or our agents arrive at the delivery address as set out in the Order Confirmation and are unable to deliver the products for any reason, then you agree to pay a reasonable additional charge for us to make an additional visit, as well as any costs we incur in retaining/storing the products.
If we have given an indication of dates or times for collection or delivery, then you agree that these are estimates only. They are not guaranteed availability or delivery times and should not be relied upon as such. Time is not “of the essence” in relation to the performance of any of our obligations. In addition, you agree that if we fail to deliver the products within a reasonable period then we will refund you the price that you have paid for the products but we will not be liable for any costs or losses that you may incur. We strongly recommend that you do not book fitters or tradesmen until the products have actually been delivered and checked by you.
You agree that we are not liable for any delays to delivery where this is caused by events, circumstances or causes beyond our reasonable direct control or by your failure to give us adequate delivery instructions. We may terminate, in full or partially, or suspend our obligations where we experience supply shortages. In such circumstances, the order will be varied so that your obligation to purchase products will remain binding to the extent that we are able to meet your order.
We will always endeavour to make one single delivery wherever possible to minimise any inconvenience. This means that when an order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order. We reserve the right to deliver by way of instalments.
You agree to inspect the products as soon as reasonably possible after we have delivered them, or you have collected them (whichever is the case); and to inform us immediately if you discover that the products do not comply with your order.
We are not the manufacturer of the products contained within any Quote. While we work to ensure that product information is correct, actual product packaging and materials may contain more and different information to that provided. Any Original Equipment Manufacturer (OEM) part numbers provided by us are given as a reference only, and no inference or implication beyond that of a useful reference tool should be taken nor is intended. We recommend that you do not rely solely on the information presented by us. Please always read labels, warnings and directions provided with the product before use.
When ordering products for delivery outside of mainland UK you may be subject to import duties and/or taxes, levied once the package reaches the specified destination. Any such charges for customs clearance must be borne by you and, as the importer of products, you must comply with the relevant laws of the country in which you are receiving the products. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Cancellations
You may cancel orders for products, other than those for Special Order products, at any time before they are collected or dispatched by either emailing [email protected] or telephoning 01978 666888 and providing:
1. Your name
2. The BuyTrade Order Reference (provided with your Quote)
3. A list of the products you no longer require
Returns
After receipt of your order, you may return products within 14 days from the date of delivery/collection provided that the following conditions are satisfied.
After receipt of your order, before returning any products, you must contact us either by emailing [email protected] or telephoning 01978 666888 and providing:
1. Your name
2. The BuyTrade Order Reference (provided with your Quote
3. A list of the products you no longer require
4. An image of each product you wish to return, in good resalable order – emailed to [email protected]
We will then inform you of where to return the items. Returns are made at your own cost and risk.
You must then provide a legible image or copy of the returns receipt you are provided when returning the product/s. The list of returned products must be clearly visible on the image/copy.
Please note that:
1. products will only be accepted if they are in brand new, unused condition fit for immediate re-sale;
2. packaged items will only be accepted if the package remains unbroken and in reasonable condition; and
3. the risk and cost or returning the products will be at your cost.
We cannot offer refunds or accept returns on the following (unless they are faulty):
1. Special Order products;
2. if sealed packages have been opened on sensitive electronic products (e.g. boiler printed circuit boards); and
3. products that have been fitted.
Once we are in receipt of the above information and images then, provided the return satisfies the conditions above, and provided you effect the return in accordance with our directions, we will process any applicable refund within 7 working days to the same payment card/method used to pay for the order (less any applicable delivery and/or collection charges).
Please do not return any products from any order directly to us. We cannot accept such returns and take no liability for any products returned incorrectly to us in this situation. Please ensure you follow the returns requirements above, as we take no liability for any loss which may arise through returns being made otherwise than in accordance with the exact returns process required.
Consumers only: If you have purchased products whilst acting as a consumer, you may cancel an order at any time before collection/dispatch, or return products at any time up to 14 days from receipt, unless the products have been mixed inseparably with other items by that point or if the products were tailor made for you (for example, orders for Special Order products may not be cancelled or returned). You are responsible for returning products at your own cost and deduction will be made if the value of the products has been reduced as a result of handling. Please follow the processes below wherever possible. This does not in any way affect your statutory rights. If you are not acting as a consumer, please refer to the terms above, which will govern your right to cancel and return items.
Warranty
Subject to the remainder of this “Warranty” section, we warrant that for a period of 12 months from delivery or collection the products shall:
1. be of satisfactory quality and free from material defects in materials and workmanship;
2. be free from material defects in design (except where the design was provided to us by you or on your behalf);
3. conform in all material respects with their description.
If the products do not comply with the warranty set out above then our only obligation is to repair or replace any non-compliant products or to refund the price you have paid for them, at our option, but only if:
1. you notify us in writing as soon as possible and in any event within 7 days after you discover that the products do not comply with the warranty set out above; and
2. you give us a reasonable opportunity to inspect the relevant products and for that purpose, at our request, you will return the products promptly at your risk and expense.
We will have no liability under the warranty set out above if:
1. the products have not been stored correctly and safely;
2. you or anyone else has altered or attempted to repair the products;
3. the products have not been used, serviced or maintained correctly and in accordance with any recommendations made by us or in accordance with the purpose intended by the manufacturer of the products; or
4. the products have been fitted or incorporated into any parts, components, accessories or other equipment except in accordance with good industry practice, our recommendations or the recommendations and instructions of the manufacturer of the products.
You agree that it is your responsibility to ensure that the products you have ordered are fit for the purpose for which you want to use them. For that reason, we give no warranty (and no warranty shall be implied) that the products are fit for any particular purpose.
The terms of this clause replace all conditions, warranties, representations, statements, liabilities and other terms whatsoever implied by common law, statute or otherwise, all of which shall accordingly be excluded to the fullest extent allowed by law, and we shall in relation to the products or the services we provide have no obligation to you, either arising by statute or in tort or in contract and whether arising out of our negligence or that of any of our employees or agents, other than the express obligations contained in these terms or in any other document expressly incorporated in writing into these terms. Our services are intended for use only by businesses, and not by consumers, but if you do place an order with us acting as a consumer, nothing in these terms will affect your statutory rights.
You agree that your only remedy for a failure by the products to comply with the warranty above is as set out above and that it is therefore your responsibility to obtain suitable policies to insure against any liability arising from your use of the products or our services.
Our liability for all claims under this agreement will be limited to the price of the products to which the claim relates.
We shall in no circumstances be liable to you for any: indirect or consequential loss; actual or expected profit or savings; loss of data; loss of production; loss of profit; loss of or damage to goodwill; loss of business, agreements or contracts; loss or damage arising out of your special circumstances; or loss which would not have arisen if you had complied with your obligations.
The terms implied by sections 13 to 15 of the Sale of Products Act 1979 and the terms implied by sections 3 to 5 of the Supply of Products and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
Nothing in these terms limits our liability for: death or personal injury resulting from our negligence; the negligence of our employees, agents or subcontractors; or fraud or fraudulent misrepresentation.
In placing an order with us, you warrant that:
1. you are a resident of the UK and that you have the necessary permission(s), capacity and authority to place the order and enter into this agreement;
2. you are accessing the Company’s Website from within the Territory; and
3. you are legally capable of entering into binding contracts.
This ”Warranty” section shall remain in force even after the agreement has come to an end for whatever reason.
Data Protection
We are the data controller responsible in respect of the information collected about you in connection with your order. We will share your contact details with our suppliers and agents so far as is required to enable your orders to be placed and fulfilled. Otherwise, unless we are legally required to do so, we will not share your data with third parties without your express consent. You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email us at [email protected]. There may be a small charge for this service. Please let us know if the personal information which we hold about you needs to be corrected or updated.
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. However, you acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
General
In addition to any other rights we may have available to us (whether under these terms or generally at law), we may terminate this agreement, in full or partially, or any other contract between us, or stop performing our obligations under this and any other contract between us if:
1. you fail to pay on time any money that you owe to us (under this agreement or any other);
2. you refuse to take delivery or collect any of the products;
3. an insolvency event occurs;
4. you breach the agreement in any way;
5. you refuse to permit or hinder performance of the services we offer.
We shall have no liability whatsoever for any failure to perform, or for any delay in the performance of any of our obligations under this agreement where this arises wholly or in part from events, circumstances or causes beyond our reasonable direct control.
You shall not, and you shall procure that your directors, employees, agents, representatives, contractors and sub-contractors shall not, engage in any activity, practice or conduct which would constitute an offence under any anti-bribery or anti-corruption laws, regulations and codes, including the Bribery Act 2010. You agree that you have put in place adequate procedures designed to prevent any person working for or engaged by you or any other person in any way connected to this agreement , from engaging in any activity, practice or conduct which would infringe any anti-bribery and anti-corruption laws, regulations and codes, including the Bribery Act 2010.
You are responsible for dealing with all items of waste electrical and electronic equipment that we supply to you in accordance with the Waste Electrical and Electronic Equipment Regulations 2013, in particular as regards its treatment, recycling and environmentally sound disposal. Unless we have informed you otherwise, you shall be responsible for dealing with all packaging that we provide to you in an environmentally sound manner.
You acknowledge that, in placing your order, you are not relying on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement in the Quote and order documents or these terms.
These terms do not create any right or remedy enforceable by any person under the Contracts (Rights of Third Parties) Act 1999.
A waiver of any right or remedy under these terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
These terms will not create an agency or partnership between you and us.
No variation of or addition to the agreement between us (including these terms), whether written or oral, shall have effect unless and until agreed in writing by a duly authorised manager of both parties.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms of use constitute the entire agreement between you and us in relation to your Quote and order.
These terms will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The full name of our company is TradeHelp Ltd trading as BuyTrade.
We are registered in England and Wales under registration number 03712438.
Our registered address is Marchwiel Centre, Bryn Lane, Wrexham Industrial Estate, LL13 9UT.
Our VAT number is 163536702.
Our data protection registration number is ZA013059.
Our consumer credit licence number is 697812.
You can contact us by email at [email protected].