1. Use of Buy The Pallet
- 1.1 The Buy The Pallet www.buythepallet.co.uk site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the www.buythepallet.co.uk website you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Privacy and Status
- 2.2 We will record your personal details for the purpose of processing your order and for a reasonable period after your order is completed as required for audit and record keeping purposes. By using this site, you consent to such processing, and confirm that the information you provide is complete and accurate. By placing an order, you also represent and warrant to us that you are legally capable of entering into a binding contract, that you are at least 18 years old, that you are resident in the mainland UK and that you are accessing our site from the UK.
3. Ordering Goods
- 3.1 We must receive payment of the whole of the price for the goods that you order before your order can be processed. Once payment has been received by us we will confirm that we are sure that the goods ordered are available in stock by sending an email to you at the email address you provided. We will then despatch the goods to the address provided in your order. In the unlikely event that the goods ordered are not available, we shall email you at the email address you provided and arrange for your payment to be re-credited to your account within 7 days unless you are happy with the given expected date for thwe goods to be available. Until and unless you have received confirmation that we are able to accept your order, that the goods are available, and that they have been despatched, there is no contract between us, and we will not be liable to you if we are unable to accept or fulfil your order. We will not substitute alternative goods if the goods you originally order are not available.
- 3.2 If you order goods from a third party seller linked to our site, or a third party orders goods on your behalf through our site, please note that any contract is between you and that third party and we shall have no liability for any matters arising from such contract. This disclaimer does not affect your statutory rights against that third party.
- 3.3 Please note that we can only supply to mainland United Kingdom.
4. Price, Quantity and Delivery
- 4.1 The price payable for goods that you order are as set out in our website. These prices are exclusive of applicable VAT. VAT is payable and is calculated at the Cart and Checkout.
- 4.2 Delivery is included, there maybe exceptions on small and rare items.. Our terms of delivery are fully detailed in our delivery policy . Delivery charges and restricted delivery areas are detailed on the website you should read these before confirming your order. We aim to fulfil orders within 30 days of the date of the despatch confirmation unless there are exceptional circumstances.
- 4.3 We cannot be held responsible for under or over ordering. The areas of our full packs have been rounded up and product dimensions shown on this website allow for jointing. Whilst every attempt has been made to provide you with the ability to accurately calculate your product requirements, we recommend you check all area calculations prior to confirming your order.
- 4.4 You are advised to print a copy of your order to check that the details are correct and complete before sending it to us, and to retain a copy for your records.
5. Right for you to cancel your contract
- 5.1 If you are contracting as a consumer, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods by emailing or writing to us at the address given (below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (but see return charges referred to in section 5.3.) please see below.
- 5.2 If you have received the goods before you cancel your contract you must return them in the condition in which you received them and at your own cost and risk. You have an obligation to take reasonable care of the goods while in your possession, and if you fail to comply we may seek compensation. Grouts and adhesives are not refundable due to conditions they need to be stored in.
- 5.3 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are collected by us in the condition they were in when delivered to you. We shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6. Cancellation by us
- 6.1 We reserve the right to cancel the contract between us if:
- we have insufficient stock to deliver the goods you have ordered
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- there are adverse trading conditions, such as epidemics or pandemics.
- 6.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Our liability to you
- 7.1 We warrant that goods bought from us through our site will be satisfactory and reasonably fit for the purpose for which goods of the kind are commonly supplied. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you must notify us either via email or in writing at our contact address of the problem within 48 hours of the delivery of the goods in question.
- 7.2 If you do not receive goods ordered by you within 14 days of the date on which you ordered them, you must notify us either via email or in writing at our contact address of the problem within 30 days of the date on which you ordered the goods.
- 7.3 Provided that you notify us in accordance with this condition, we will, at your option, either:
- make good any shortage or non-delivery;
- replace or repair any goods that are damaged or defective; or
- refund to you the amount paid by you for the goods in question.
- 7.4 Our liability to you is limited to the remedies set out in 7.3 above, and we will have no other liability or obligation to you. All conditions, warranties or terms that may be implied by law or practice are excluded to the fullest extent permitted by law. In particular but without limitation, we will not be liable to you for indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever caused arising in connection with your use of the www.buythepallet.co.uk website or the use, accessing, downloading or relying on any information or other materials contained in this website, or any transaction that you effect through it.
- 7.5 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, or arising because of your own action or failure.
- 7.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit your rights as a consumer under applicable UK law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence, or for fraud or fraudulent misrepresentation or for any matter which it would be illegal for Buy The Pallet to exclude or to attempt to exclude its liability.
- 7.7 Where you buy goods from a third party through our site, the seller’s liability will be set out in that third party seller’s terms and conditions.
8. Information about us, and Notices
- 8.1 The www.buythepallet.co.uk site is a division of Cybernautix Ltd, a company registered in England and Wales 06714915 and having its registered office at 2, Moreton Drive, Alsager, Cheshire, ST7 2UZ. VAT Number 977714371
Some of the information we send you is required to be in writing and for this purpose “writing” will include electronic forms of communication (email or website postings). You agree that this means of communication is acceptable to you. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Buy The Pallet c/o Cybernautix Ltd, 2 Moreton Drive, Alsager, Cheshire, ST7 2UZ or email us at firstname.lastname@example.org
9. Accessing and using the site
- 9.1 You must not use the www.buythepallet.co.uk website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
- 9.2 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- 9.3 Although www.buythepallet.co.uk aims to offer you the best service possible, we cannot guarantee that the service will be fault free or fully meet your requirements. If a fault occurs in the service you should report it by email to us at email@example.com and we will attempt to correct the fault as soon as we reasonably can. Access to the www.buythepallet.co.uk site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. www.buythepallet.co.uk will attempt to restore the service as soon as it reasonably can but will have no liability if the site is unavailable or not fully functional for any period.
- 9.4 Your access to the www.buythepallet.co.uk site is at your own risk and we cannot provide any warranties or guarantees associated with your use of the Internet. You are responsible for keeping confidential any password or identification code given to you as part of our security processes and for all information supplied by you.
- 9.5 Where the www.buythepallet.co.uk site provides content from other Internet sites or resources, these links are provided for information only and we have no control over the content of, or use of, those sites. Although www.buythepallet.co.uk tries to ensure that material included on the www.buythepallet.co.uk site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case, nor for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience.
- 9.6 In particular, we will have no liability to users of the site in connection with the following:
You understand that you, and not wwww.buythepallet.co.uk are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
• to cause annoyance, inconvenience or needless anxiety
• any claim by any third party that the use of the www.buythepallet.co.uk site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the www.buythepallet.co.uk site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the www.buythepallet.co.uk site by you.
• incompatibility of the www.buythepallet.co.uk site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the www.buythepallet.co.uk site, viruses or other technologically harmful material that may affect your equipment;
• unsuitability, unreliability or inaccuracy of the www.buythepallet.co.uk site
• inadequacy of the www.buythepallet.co.uk site to meet your requirements
To the fullest extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the www.buythepallet.co.uk site and/or your use of the site.
10. Intellectual Property
- 10.1 We own or are the licensee of all intellectual property rights in the www.buythepallet.co.uk site and the material published on it. These rights are protected by copyright, trade marks, database and other intellectual property rights worldwide. You may retrieve and display the content of the www.buythepallet.co.uk site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the www.buythepallet.co.uk site without obtaining a written licence from www.buythepallet.co.uk.
- 10.2 No licence is granted to you to use any trade mark of or its affiliated companies [without limitation].
11. General terms
- 11.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- 11.2 Except for our affiliates, directors, employees or representatives, a person who is not a party to the contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- 11.3 No waiver of any term or condition will be effective unless communicated to you in writing or via email, and no failure on our part to enforce any rights shall preclude us from taking action or exercising our rights and remedies nor shall it release you from your obligations.
- 11.5 Errors and Omissions (E@OE) Any such error or omission shall be rectified as soon as may be reasonably practicable after discovery.
We reserve the right to change these terms and conditions and/or any policy referred to from time to time, and your dealings with us will be governed by those terms, conditions and policies stated to be applicable at the time of confirmation of your order.
12. Governing Law
- 12.1 This website is controlled and operated by Cybernautix Ltd from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law as applied in England and Wales. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.