Terms & Conditions
1.1 In these Conditions (unless the context otherwise requires):
- “Conditions” means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
- “Consumer” means any natural person who is acting for purposes which are outside his trade, business, or profession;
- “Contract” means any contract for the sale and purchase of the Goods made between you and us;
- “Goods” means the goods (or any instalment or part of them) to be supplied by us to you pursuant to the Contract;
- “Return of Goods Policy” means the policy detailed at Condition 13 that deals with the return of Goods pursuant to the Contract by you to us;
- “Territory” shall mean mainland England, Scotland, and Wales (excluding, for the avoidance of doubt, Northern Ireland, Isle of Wight, Anglesey, Isles of Scilly, Hebrides, Orkney, Shetland, Isle of Man, and the Channel Islands);
- “We” means A. J. Paveley & Co (t/a plumbspare.com) with a registered office at 416 Golden Hillock Road, Sparkbrook, Birmingham B11 2QH. Vat Registration number GB44612272. “Us” and “our” shall be construed accordingly; and
- “You” means the Consumer that places an order with us, and “your” shall be construed accordingly.
1.2 The headings to the Conditions are intended for reference only and shall not affect their construction or interpretation.
1.3 References to any statute or statutory provision include a reference to that statutory provision as from time to time amended, extended, or re-enacted.
2 Information About Us
2.1 The Website is owned and operated by us, our contact details are:
(a) 416 Golden Hillock Road, Sparkbrook, Birmingham B11 2QH
(b) Email: email@example.com
(c) Telephone number: 0121 772 1739.
3 Your Status
3.1 The Website is only intended for use by customers resident in the United Kingdom (the “Territory”) and we do not accept orders from any customers outside of the Territory.
3.2 In placing an order with us, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You have the necessary permission and authority to enter into this Contract;
(c) You are at least 18 years old;
(d) You are a resident in the Territory; and
(e) You are accessing the Website from within the Territory.
4 Basis of the Sale
4.1 These Conditions shall be incorporated into each and every Contract made between us and you and shall apply to the Contract to the exclusion of any other terms or conditions put forward by you, whether oral or written (including any conditions you purport to apply), or which are implied by customs, practice, or law.
4.2 Whenever you use this Website to order a product, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a product through the Website, you shall be deemed to have read, understood, and agreed to our Website Terms and Conditions.
5 Product Descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products through the Website, please note that:
- Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on the Website;
- All prices are displayed in pounds Sterling inclusive of UK VAT where applicable, unless expressly indicated otherwise;
- Packaging may vary from that shown on the Website;
- The weights, dimensions, images, drawings, and capacities shown on the Website are approximate only and images are exclusively for illustration purposes;
- Whilst we try to display the colours of products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
- All items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative products of equal or higher quality and value.
5 Acceptance of Your Order
5.1 Please note that completion of the online checkout process does not constitute our acceptance of your order. When you place an order to purchase a product from plumbspare.com we will send you an email confirming receipt of your order and containing the details of your order. This is not an order confirmation or order acceptance from Plumbspare.com.
5.3 Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Goods ordered, unless we have notified you that we do not accept your order, or you have cancelled it in accordance with our Returns and Refunds Policy (13).
5.4 Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock,
- Our inability to obtain authorisation for your payment,
- The identification of a pricing or product description error, or
- You not meeting the eligibility to order criteria set out in these Terms and Conditions.
6.1 The Website is only for delivery of products to customers in the Territory. Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations. Such charges will be made clear to you before the Goods are supplied.
6.2 We will deliver the Goods to the address specified for delivery by you in your order. It is important that this address is accurate.
6.3 All delivery times and dates are estimates. We will try our best to meet the delivery estimates we have given you but shall not be responsible for any failure to deliver Goods within these time frames. We will let you know if we cannot deliver your products within 30 days of the date of your order, and give you the opportunity to either wait for the Goods or cancel your order.
6.4 Where we become aware that the date for delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We will not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the delivery date. We strongly recommend that you do not book fitters or tradesmen until the Goods have actually been delivered and checked by you.
6.5 When a delivery date has been arranged, you must ensure that someone is available at the address to accept the delivery. All deliveries must be received and signed for by a person over the age of 18.
6.6 We will always try to make one single delivery to you wherever possible to minimize 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.
6.7 If we are unable to effect delivery on arrival at the delivery address for any reason, an additional charge for any return or subsequent visit may be made. Should no one be available to take the re-delivery, we may cancel the order and refund the purchase price, excluding any delivery charges.
6.8 In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (e.g. the Citizen’s Advice Bureau).
7 Loss or Damage to Goods
7.1 We request that you examine the Goods on delivery or on collection (as the case may be) as soon as reasonably possible to do so.
7.2 Where you wish to return Goods because they are damaged or defective, we request that you do so in accordance with our Return of Goods policy.
8.1 The price of the Goods and our standard charges for delivery shall be the prices given on the Website from time to time and as confirmed by us in our email acknowledging that such order has been received. Such email shall include any additional costs in respect of carriage, insurance, and/or storage (less any discount we allow). Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations within the Territory. We will notify you where such charges apply before the Goods are supplied and give you the opportunity to either accept the additional charges or cancel your order.
8.2 While we will try to ensure that all prices in our literature or on our Website are accurate, errors may occur or the price may change for reasons beyond our control. If we discover an error or need to increase the price of the Goods you have ordered, we will inform you as soon as possible and give you the option of either re-confirming your order at the correct price or cancelling it.
8.3 If we are unable to contact you pursuant to Condition 8.2 above, we will treat the order as cancelled, or where you decide to cancel your order and have already paid for the Goods, we will give you a full refund.
8.4 The price of the Goods shall be inclusive of VAT.
9 Risk and Property
9.1 Risk of damage to or loss of the Goods shall pass to you at the time we deliver them to your premises.
9.2 Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not take place until we receive payment in full and cleared funds for all sums due and owing under the Contract. Until such time that we are in receipt of all sums due and owing, we shall remain the owner of the Goods.
9.3 Until such time as the Goods are paid for in full and cleared funds, you shall be responsible for taking reasonable care of the Goods. Where possible, you are required to store the Goods separately from all other goods in your possession in such a way that the Goods can be readily identified as still being ours. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled to seek a court order to enter upon your premises or any other third party premises where the Goods are stored for the purpose of repossessing the Goods.
10.1 The Contract or performance of all or any of the obligations under the Contract may be withheld, varied or suspended if any one (or more) of the following events occur:
(a) The Goods are unable to be delivered or collected in accordance with the terms of the Contract;
(b) Either party makes any voluntary arrangement, becomes bankrupt, insolvent, or commits any other act of bankruptcy; or
(c) Either party commits any breach of the Contract and has failed to remedy such breach (where capable of remedy) within 30 days of being notified by the other party of the existence of the breach.
10.2 If we are unable to supply you with the Goods you have ordered for any reason (beyond our control) and it is necessary to make alternative arrangements or offer you a substitute product, we will notify you and you will have the option to either accept the replacement product or cancel your order and receive a full refund.
11.1 There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
11.2 You have certain rights as a consumer, including legal rights relating to faulty or mis-described goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights.
11.3 We warrant that any products we supply to you will be of satisfactory quality and will on delivery and for the following six months, conform in all material respects with their descriptions, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied.
11.4 This warranty is given subject to the following conditions, and we shall be under no liability in respect of:
(a) any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
(b) any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection (if so required).
11.5 We shall not be liable for any claim relating to any breach of warranty, express or implied, brought after the expiry of the period of six months from the date on which the Contract was made (or, in the case of Goods, after the expiry of such longer period (if any) as may be provided for by or on behalf of the manufacturer of those Goods).
11.6 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does, fails to do, or due to events which are beyond our reasonable control.
11.7 Subject to 11.1 above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to sum equal to the amount paid or payable by you for the product(s).
11.8 You must follow any advice we give you to keep products we supply safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
11.9 In any event, we will not be liable for:
(a) Any economic losses (including without limitation loss of revenues, data, profits, contract, business, or anticipated savings);
(b) Any loss of goodwill or reputation; or
(c) Any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Conditions.
11.7 The provisions of this Condition 11 shall survive termination of the Contract.
11.8 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes, please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
Under the Distance Selling Regulations, you have the right to cancel your order at any time for a full refund within 7 working days after the day you received your item(s). This does not apply to made-to-measure orders, personalized items, audio/visual recordings or software that you have unsealed, or perishable goods (e.g. food, flowers, and periodicals/magazines). To cancel your order, please contact us via email at firstname.lastname@example.org or via phone at 0121 772 1739.
You must take reasonable care of the item(s) and must not use them. If you have received the Goods before you cancel your order, you must send the Goods back to the address supplied by us at your own cost and risk. You should obtain proof of postage.
13 Returns and Refunds
13.1 You may return Goods for any reason within 7 days from the date of delivery / collection provided that the following conditions are satisfied:
(a) Goods will only be accepted if you have taken reasonable care of them and they are unused and
(b) You return all the original packaging where possible to do so.
13.2 In order to return any Goods, you must contact us by email, or phone.
13.3 Except where otherwise agreed, you are responsible for returning the Goods to us. We ask that you please ensure that you obtain adequate proof of postage with adequate insurance in place.
13.4 Where Goods have been damaged whilst in your possession, we shall not be obliged to accept the return of those Goods. In such circumstances, we will notify you that the Goods are available for re-collection or re-delivery, for which you shall be liable for any reasonable delivery charges incurred.
13.5 The Company cannot offer refunds or accept returns on the following (unless they are faulty):
(a) If sealed packages have been opened on sensitive electronic goods (e.g. boiler printed circuit boards) and/or
(b) Goods that have been fitted.
(c) Goods made to customers specifications or clearly personalized.
13.6 In the unlikely event that a product is faulty or it has been damaged during delivery, we will exchange the product or provide you with a full refund, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us. Notification of any defect must be made within a reasonable time. We reserve the right to inspect all returned products prior to agreeing to any part-refund, full refund, or product exchange.
13.7 If you return Goods to us:
(a) Because you have cancelled the Contract between us within 7 working days following the date of delivery; or
(b) For any other reason (save where the Goods are faulty) within 7 days from the date of delivery or collection, we will process the refund due to you (including any applicable delivery charges) as soon as possible and, in any case, within 30 days. However, you will be responsible for the cost of returning the Goods to us.
13.8 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
14.1 When using the Website you accept that communication with us will be mainly via electronic means. We will contact you by email. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that are provided electronically comply with any legal requirement that such communications be in writing. This Condition does not affect your statutory rights.
14.2 All notices given by you to us must be given to us for the attention of The Manager at A. J. Paveley & Co Ltd 416 Golden Hillock Road, Sparkbrook, Birmingham B11 2QH or via email at email@example.com. We may give notice to you at either the email or postal address provided when the order was placed, or in any of the ways specified in Condition 14.1 above. Notice will be deemed received 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14.3 Neither party shall be liable to the other or deemed to be in breach of the Contract by reason of any delay or failure to perform any of their obligations if the delay or failure to act is due wholly or in part to a cause beyond that party’s reasonable control.
14.4 A person who is not a party to the Contract shall not have any rights under or in connection with it.
14.5 These Conditions shall not create any agency or partnership between us and you or any third party.
14.6 We may assign, license, or sub-contract all or any part of its rights or obligations under a Contract. This Contract is personal to you and you may not assign, license, or sub-contract all or any of its rights or obligations under these Conditions without our prior written consent.
14.7 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of that or any subsequent breach of the same or any other provision.
14.8 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
14.9 The Website, its contents, and any Contracts formed as a result of its use shall be governed and construed in accordance with English law and each of the parties hereby submit to the non-exclusive jurisdiction of the English courts to settle any dispute or claim that arises out of or in connection with the Contract, its subject matter, or formation (including non-contractual disputes or claims).
14.10 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.
14.11 We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the Website and will take effect immediately. You should, therefore, read the terms and conditions each time you access the Website.