Screwfix Terms and Conditions of Sale.
1 Our Contract
1.1 These Terms and Conditions of Sale govern the supply of goods sold by Screwfix Direct Limited registered in England and Wales under company number 03006378 with registered office Trade House Mead Avenue Houndstone Business Park Yeovil BA22 8RT ("we" and "us") to the customer ("you"). The website www.screwfix.eu (the "Website") is owned and operated by us. Our VAT number is 232 5555 75.
1.2 Our European delivery services are provided by a delivery company called Royal Mail Group Limited (Company No. 4138203) of 100 Victoria Embankment, London, EC4Y 0HQ (“Parcelforce”). These Terms and Conditions also govern the separate contract between them and you for the European delivery of goods and these Terms and Conditions (together with Parcelforce’s Standard Terms and Conditions, available at www.parcelforce.com/conditions-of-carriage constitute the entire and only agreement between you and Parcelforce in relation there to.
1.3 By accepting these Terms and Conditions, you are instructing Screwfix Direct Limited to act as your agent to instruct Parcelforce to deliver the relevant goods on your behalf for the delivery charge shown. This delivery charge (if any) may incorporate a handling fee for related fulfilment costs incurred by us - this fee may vary from time to time
1.4 All orders placed by you and purchases of goods from us ( via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by delivery of the goods to you at which point a legally binding contract is constituted between you and us.
1.5 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
2 Orders for delivery outside the United Kingdom
2.1 If you choose to access this website and purchase goods from this website you are responsible for complying with local laws, if and to the extent that they are applicable.
2.2 If you choose to purchase goods from our website, you acknowledge and agree that we are selling United Kingdom specification goods and products, designed for sale and use in the United Kingdom market.
2.3 We do not represent or warrant that any product is appropriate for sale or use in locations outside of the United Kingdom, or that it complies with any laws, regulations or other standards applicable outside the UK. Any use you make outside of the United Kingdom of products purchased through this website is therefore entirely at your own risk.
2.4 All goods are sold in accordance with the manufacturer’s specifications for United Kingdom goods and are subject to any qualifications, representatives or instructions contained in the documentation associated with the goods.
2.5 Cross-border deliveries may be subject to opening and inspection by customs authorities.
3.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Place order and pay" button on the checkout page.
3.2 All orders placed by you, and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
3.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
4 Price & Payment
4.1 The price payable for the goods you order or purchase is as set out on our website at the time you submit your order, plus any charges for delivery as advised to you. The price payable for the goods includes VAT at the current prevailing UK rate unless otherwise stated. We cannot refund any VAT charges.
4.2 We reserve the right to change the price of commodity goods, such as copper, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity. Parcelforce is not obliged to accept your request for delivery services.
4.3 Delivery charges where payable will be added to the total amount due once you have selected the Parcelforce delivery service as set out in Delivery information. If you order over a certain amount, the delivery charges will be shown on your invoice as reduced to zero as in certain cases we will pay the delivery charge to Parcelforce on your behalf. In other cases we may make a contribution towards the cost of delivery charges on your behalf. In all cases, you will continue to contract with Parcelforce for the delivery services and all other conditions continue to apply.
4.4 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
4.5 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
4.6 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing. Payment must be made by one of the methods set out on the 'Payment Options' page of our website, (although for certain age-restricted products only a credit card may be used).
4.7 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
4.8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.
4.9 If your credit/debit card or PayPal account is not denominated in Euros, the final price charged to your credit/debit card or PayPal account will be in the currency of your card or PayPal account and may include currency conversion charges. Such final price is calculated and charged by your card issuer, bank or PayPal, and therefore we shall not be responsible for any cost expense charge or other liability incurred or suffered by you as a result of your card issuer, bank or PayPal charging you in a currency other than Euros.
4.10 We recommend that you do not communicate your payment card details or PayPal password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
4.11 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
4.12 The format of our invoice and statements to you will solely be dictated by us.
5 Delivery and Title
5.1 We will make them available to Parcelforce for collection at our UK premises and Parcelforce (except in exceptional circumstance) will aim to deliver them in accordance with your order usually within the stated delivery time but not more than 30 days after the day you place your order, unless otherwise agreed between you and us. We reserve the right to deliver an order in instalments by separate delivery shipments. Further information about delivery of our goods can be found at Delivery.
5.2 Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
5.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.
5.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
5.5 For European deliveries, ownership and risk in the goods will pass to you immediately at the point and time in which such goods are placed at your disposal at our UK premises.
6.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
7 Manufactuer's Warranties & Guarantees
PLEASE READ THIS CLAUSE
7.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
7.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
7.3 Some products may feature an extended manufacturer's warranty. These need to be registered within 28 days of purchase - see product documentation for more information.
8 Cancellation, Returns & Refunds
8.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 30 days of the date of delivery to you. Such notice should be given by email to firstname.lastname@example.org. In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 30 day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
8.2 You will lose your right to cancel after the expiry of the 30 day period referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).
8.3 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email to email@example.com. You may wish to use the model cancellation form at www.screwfix.eu/returnsto cancel your order, but you are not obliged to. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
8.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 8.11), unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. For more information on the ways in which you can return the goods you have received, please see the Returns section of our website at www.screwfix.eu/returns.
8.5 Following cancellation, subject to clause 8.7 we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:
8.5.1 you notified us to cancel your order, where you have not received the goods; or,
8.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or
8.5.3 you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
8.6 We will refund you using the same means of payment as you used to pay for your order or purchase
8.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
8.8 Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalised (for example, made to order radiators, pre-assembled kitchens, mixed paint, keyed alike and master keyed locks or embroidery goods). Your right of cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons (such as water pumps, toilets and macerators), if you have opened the product packaging after delivery or collection. Boilers which have had the product box/packaging opened cannot be returned for refund or credit.
8.9 Our customer service team will act on behalf of Parcelforce in respect of any queries you may have about delivery of your goods. For any such queries, please contact us on firstname.lastname@example.org (quoting your order reference number).
8.10 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30 day period in clause 8.1.
8.11 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the goods within 30 days of delivery or collection, we may at our option either offer to make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery or collection; or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.
8.12 If an item develops a fault after 30 days following delivery or collection, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible we will replace the item with the same or an equivalent model.
Legal Rights as a Consumer
8.13 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
9.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
9.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
9.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and
9.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
9.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
9.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
9.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
9.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
9.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
10 Age Requirements for Specific Goods
10.1 Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives and knife blades, you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.
11.1 We or Parcelforce may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
12 Events Beyond Our Control
12.1 Neither we nor Parcelforce shall have any liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
13 Disposal of Electrical and Electronic Equipment
13.1 The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk. Screwfix Direct Ltd is making financial contribution towards the running of these facilities and the onward recycling of this waste in the European Union.
14.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
14.2 You and we agree that English law applies to these Terms and Conditions and that any dispute between us arising out of our connection with Terms and Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply,
14.3 All ”Was” prices shown have been at the previous higher price for the entirety of the previous catalogue (6th March to 4th June 2017, or the period highlighted on the page, if shorter), and those products were available to buy at that higher price from www.screwfix.eu. Please contact us (details below) if you would like further details.
14.4 All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in product description.
15 Contact Details
15.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at Screwfix Direct Ltd, Trade House, Mead Avenue, Houndstone Business Park, Yeovil, BA22 8RT United Kingdom, by phone on +44 1935 385 685, or by email at email@example.com.
VAT: All prices include VAT at 20% (except where indicated) subject to change in taxation.
17 Alternative Dispute Resolution
17.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR platform at www.ec.europa.eu/odr
© Screwfix Direct Ltd. Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, is strictly prohibited without written permissions. Quantities and measurements are approximate. Trademarks acknowledged. Exact products may vary from those shown. All products subject to availability. Screwfix is a trading name of Screwfix Direct Ltd., registered in England No. 3006378