Welcome to The Drywall Emporium Ltd website terms and conditions for use. These terms and conditions apply to the use of this website at www.drywall-emporium.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to order from us. If you do not accept these terms, do not use this website.
1.1 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process or placing an order verbally by telephoning us. As part of our checkout process you will be given the opportunity to check your order and to correct any errors.
2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3.1 We are not VAT registered so no VAT is included in our prices.
3.2 Our prices are reviewed daily.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to email@example.com before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us within 14 days of receipt for a full refund or exchange if the goods are received in a faulty condition. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: -
• in the event that the product has been used
• to any products that we have made or customized specifically for you
The provisions of this clause 4.4 do not affect your statutory rights.
Goods ordered in error and returned may be subject to a discretionary 20% restocking fee.
5.1 The goods you order will be delivered to the address you give when you place your order.
5.2 Orders placed before 1.00 pm on a working day will normally be processed that day and will be delivered as per the requested delivery option provided that no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
5.3 If delivery cannot be made to your address for reasons within the Supplier’s control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your payment card for delivery.
5.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
5.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
5.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
5.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
5.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
5.7 Upon receipt of your order please advise us of any damages or discrepancies within 3 days of receipt. Failure to do so may prejudice any subsequent return or replacement.
6. RISK / TITLE
6.1 The goods are at your risk from the time of delivery.
6.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the goods, and
6.2.2 all other sums which are or which become due to the Supplier from you on any account.
6.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
7. TITLE FOR BUSINESS CUSTOMERS
7.1 If you are a business customer until ownership of the goods has passed to you, you must:
7.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
7.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
7.1.3 hold the proceeds of the insurance referred to in condition 7.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
7.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or 7.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
7.2.3 you encumber or in any way charge any of the goods.
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier within 3 working days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier via email or letter within 3 days of the date you discovered the damage, defect or complaint.
8.5 Outside of the 14 day faulty return period, returned items can not be accepted, unless covered by manufacturer’s warranty. Items returned to us will be forwarded to the manufacturer for repair or replacement.
8.6 Goods sold under warranty exclude willful damage or faulty use by the buyer, and normal wear and tear
9. LIMITATION OF LIABILITY
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. DATA PROTECTION
The Supplier will take all reasonable precautions to keep the details of your order and secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
12. ADVICE GIVEN
12.1 We are always prepared to offer advice about the goods including advice about installation, compatibility and configuration.
12.2 We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.
12.3 Without knowing the particular application for which you require our goods and the exact specification and configuration into which you intend to use or install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose.