YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If we agree that it is possible, we will let you know about any changes to the price
of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 You promise that any changes to a product noted in clause 5.1 that are carried out at your request do not infringe any intellectual property rights (such as copyright, patents, design rights or trademarks) of any third party. If the changes you are proposing are taken from a third party (including images taken from the search results of internet search engines) then your proposed changes might infringe the intellectual property rights of a third party.
5.3 If your proposed changes to a product do infringe the intellectual property rights of a third party (as set out in clause 5.2) then you shall indemnify us against all claims, expenses, losses, damages and fees incurred by us arising from a claim for intellectual property infringement of your proposed change(s) to a product that is carried out by us at your request, and you shall hold us harmless for in relation to this.
6 OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example improving timber durability or
to meet current Building Regulations. These changes will not affect your use of the product
6.2 More significant changes to the products and these terms. In addition, as we inform you in branch,
over the telephone or on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and if you are a consumer you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
6.2.1 changes to the price of the products;
6.2.2 changes to the payment terms; and
6.2.3 changes to the date the products will be delivered
7 PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as told to you in branch, over the telephone, as set out in our brochure, or displayed to you on our website.
7.2 If you are a business customer and it is agreed that you will return any pallets or containers used to deliver the products, you will be liable for the cost of any pallets or containers, which are damaged, destroyed or lost while in your possession, or not returned at all.
7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. This will be within the timeframes prescribed by law or as agreed between us. If you are a business customer:
7.3.1 time will not be of the essence for delivery; and
7.3.2 we may deliver the products by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours set out on our website (www.sussexplumbingsupplies.co.uk)
in respect of the relevant branches
7.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact
you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply. (see full terms and conditions)
7.8 Your legal rights if we deliver late. If you are a consumer, you have statutory legal rights if we
deliver any products late. If you are a business customer, time shall not be of the essence for delivery times or dates and we shall have no liability therein.
7.9 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.10 When you own goods. You own a product which is goods once we have received payment in full.
7.11 Obligations following delivery when you are a business customer. Where you are a business customer, until title to the goods has passed you must:
7.11.2 not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
7.11.3 maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
7.11.4 give us such information relating to the goods as we may require from time to time.
7.12 Where you are a business customer, until title to the goods has passed, we may recover goods in which title has not passed to you. You irrevocably licence us, our officers, employees and agents, to enter any of your premises (including with vehicles), in order to satisfy ourselves that you are complying with the obligations in clause 7.11 , and to recover any goods in which property has not passed to you.
7.13 If you become responsible for the goods before you own the goods then you must take all
reasonable steps to keep the goods in a satisfactory condition, including following any instructions given by us to the extent the instructions are reasonable.
7.14 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, name, address, or telephone number. If so, this will have been told to you over the telephone, in branch, or stated in the description of the products in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it
7.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of
a product to:
7.15.1 deal with technical problems or make minor technical changes;
7.15.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.15.3 make changes to the product as requested by you or notified by us to you (see clause 6)
7.16 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.17 We may also suspend supply of the products if you do not pay. If you do not pay us for the
products when you are supposed to (see clause 15.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 15.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 15.7)
8 YOUR RIGHTS TO END THE CONTRACT IF YOU ARE A CUSTOMER
8.1 You may end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get
the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13 if you are a consumer and clause 14 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to
do as set out in clause 8.2;
8.1.3 For goods bought on-line, or by telephone, if you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods
8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.5;
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for
any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to
(see clause 6.2);
8.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations
2013). If you are a consumer then for most products bought online, over the telephone, by mail order or by exchange of emails, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. A model cancellation form to let us know you have changed your mind is appended to these terms at Schedule 1.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
8.3.1 orders for special goods to your specifications or outside of our standard stock range;
8.3.2 any products which become mixed inseparably with other items after their delivery (such as cements or aggregates);
8.4 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. For goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.5 Ending the contract where we are not at fault and there is no right to change your mind. If we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you shall not be entitled to terminate the contract except where:
8.5.1 both us and you agree to terminate the contract; or
8.5.2 we otherwise commit a material breach of our obligations under this contract and either do not remedy any breach within thirty (30) days of receiving notice of any breach, or such material breach is irremediable.
9 YOUR RIGHT TO END THE CONTRACT IF YOU ARE A BUSINESS CUSTOMER
9.1 If you are a business customer, in addition to any rights you may have to terminate at law, you shall have the right to terminated the contract if we commit a material breach of our obligations under this contract and either do not remedy any breach within thirty (30) days of receiving notice of any breach, or such material breach is irremediable.
9.2 Returning products where you are a business. To extent permissible by law, when you have
purchased any product as a business customer you shall only have the right to request a refund for products that: (i) are our standard products as stocked and have not been altered or modified prior to delivery at your request; (ii) are non-perishable; and (iii) have been returned at your cost to us unused and without any damage (together, the “Returnable Goods”). Whether any Good is a Returnable Good shall be at our sole discretion. If we determine that the Good(s) for which you have requested a refund is a Returnable Good then we may, at our sole discretion and via a relevant branch manager or a director, determine whether to accept your request for a refund for the relevant Returnable Good(s) (the “Refund Acceptance”). If we do determine a Refund Acceptance in respect of any Returnable Good(s) then this shall be subject to, and you hereby agree to, payment to us by you of a restocking fee of an amount equal to 25% of the price of the relevant Returnable Good(s) as noted on the relevant invoice and you must return the relevant Returnable Good no later than fourteen (14) days of our determination. For the avoidance of doubt, we shall in no circumstances be obliged to provide a refund for any Good that is not a Returnable Good.
10 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS
CHANGED THEIR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call the relevant branch or email us at enquiries@sussexplumbingsupplies.co.uk.
Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 By post. If you are a consumer print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to the branch where they were purchased or (if they are not suitable for posting) allow us to collect them from you. Please contact customer services on the relevant branch as stated on our website for a return label or to arrange collection. If you are a consumer exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return if you are a customer and:
10.3.1 if the products are faulty or misdescribed; or 10.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection
10.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 When we may make deduction from refunds if you are a consumer exercising your right to
change your mind. If you are exercising your right to change your mind:
10.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value
of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
If we refund you the price paid before we are able to inspect the goods and later discover you have handled
them in an unacceptable way, you must pay us an appropriate amount.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then:
10.7.1 If the products are goods and we have not offered to collect them, your refund will be made within 14
days from the day on which we receive the product back from you or, if earlier, the day on which you provide
us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.2.
10.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.