Terms & Conditions
1.0These conditions of sale by Prestige Building Supplies Ltd apply to its sale and distribution of Builders Hardware and other items from time to time offered for sale by Prestige Building Supplies Ltd (“Goods”) and purchased by any customer (“Customer”).
2.0The following terms and conditions supersede any inconsistent or supplementary provisions contained in the Customers purchase order or any other communication, Prestige Building Supplies Ltd contracts with the customer on condition that the customer accepts these terms and conditions without modification or qualification and, without prejudice to this, the delivery of Goods or the acceptance of Goods or any other act or conduct of the customer in confirmation of the supply of Goods shall constitute an unqualified acceptance by the customer of these terms and conditions No representations, warranties or guarantees other than those contained herein and no variation of these terms and conditions shall be binding on PBS unless contained in a written document signed by Prestige Building Supplies Ltd’s company secretary. Any variation representation or guarantee made as aforesaid will apply only to the particular order concerned except where otherwise agreed.
- Prestige Building Supplies Ltd reserves the right to change the price of Goods stated on its price list in force at the date of order acceptance of the Goods. Value Added Tax and any other taxes or duties chargeable in respect of the sale of Goods shall be payable by the Customer in addition.
- Payment is due in full on the date of written notification to the Customer that the Goods have been dispatched. If payment is not made on or before the 30th day from the date of written notification or delivery (as appropriate) Prestige Building Supplies Ltd reserves the right to change interest at 5% per annum over HSBC base lending rate from time to time on any outstanding balance calculated from the expiry of such period until date of payment.
3.2 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.3 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 correct 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.
3.4 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.
3.5 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.
3.6 If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.
3.7 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.
3.8 The format of our invoice and statements to you will solely be dictated by us.
4.0 Any delivery date quoted is only an estimate and not of the essence. Prestige Building Supplies Ltd accepts no responsibility for any delay or failure to deliver.
4.1 Shortages should be notified in writing to Prestige Building Supplies Ltd within (3) three working days of delivery, marked for the attention of the Administration Department. Any claims submitted after this timescale shall be rejected.
4.2 Deliveries are to Mainland UK Addresses only
5.0 Prestige Building Supplies Ltd warrants to the customer that the Goods are free from defects in materials or workmanship at the time of supply. Prestige Building Supplies Ltd’s only liability in the event of any breach of this warranty shall be to replace without charge any defective Goods returned to it within ninety days from the date of delivery and to refund to the Customer any postage costs incurred in returning defective Goods. This warranty does not oblige Prestige Building Supplies Ltd to replace Goods damaged through misuse or neglect.
6.0 The undertaking to replace or repair Goods which fail to comply with the warranty contained in clause 4 shall be the full extent of PBS’s liability in respect of the sale of the Goods. Except as aforesaid, all warranties or representations expressed, implied statutory or otherwise and whether arising under the contract of sale, or under any prior agreement, or in oral written statements made by or on behalf of Prestige Building Supplies Ltd in the course of negotiations with the customer or its representatives are hereby excluded. Under no circumstances shall Prestige Building Supplies Ltd be liable for any direct, indirect, consequential or incidental loss or damage or injury of any kind whatsoever (including without limitation loss of revenue contracts or profits) or for any damage to or destruction of property, however caused or arising and whether or not as a result of negligence of Prestige Building Supplies Ltd except for death or personal injury caused by the negligence of Prestige Building Supplies Ltd.
7.0 Prestige Building Supplies Ltd reserves the right to change designs, colours, material or specifications of goods at any time without prior notice.
8.0 The customer must notify Prestige Building Supplies Ltd within (3) three working days after delivery of any damage to Goods in transit and Prestige Building Supplies Ltd will replace such goods free of charge. PBS shall not be required to replace any Goods damaged in transit and the customer shall be obliged to pay for them if the customer does not comply with this notification requirement.
PROOF OF DELIVERY
9.0 Proof of delivery requests will be accepted within three months of the invoice date.
CANCELLATION, REFUNDS & RETURN OF GOODS
10.0 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. 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.
10.1 You will lose your right to cancel after the expiry of the 30-day period referred to in clause 10.1 (this does not affect your rights if there is any problem with the goods).
10.2 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
10.3 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 8.0), 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.
10.4 Following cancellation, subject to clause 10.6 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 any standard delivery charges. 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 you notified us to cancel your order, where you have not received the goods; or, we receive the goods you returned to us, where you are in receipt of the goods.
10.5 We will refund you using the same means of payment as you used to pay for your order or purchase.
10.6 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.
10.7 If you cancel your order for a product delivered direct from our supplier, please contact us and we will arrange for our supplier to collect from you. Some collections may incur a charge; the amount of the charge will depend on the good(s) returned, but the maximum fee is £20.
RISK, PROPERTY & REPOSSESSION
11.1 Risk of loss or damage to the Goods shall pass to the customer on delivery by PBS or its agents to the customer.
11.2 Absolute property in the goods shall remain in Prestige Building Supplies Ltd and shall not pass to the customer until Prestige Building Supplies Ltd has received payment in full for all Goods delivered and any additional sums due under the contract under which the Goods are supplied. For these purposes PBS has only received a payment when the amount of that payment is irrevocably credited to its bank account.
11.31 Subject to clause 10.2 Prestige Building Supplies Ltd shall retain title to the goods where the Goods had been attached to any other product not owned by Prestige Building Supplies Ltd provided the goods are readily identified or separate from the resulting composite or mixed product.
11.32 If any goods owned by Prestige Building Supplies Ltd are attached to, mixed with, or incorporated into any other product not owned by Prestige Building Supplies Ltd and the goods are not identifiable from the resulting composite or mixed product title to the resulting composite or mixed product shall rest in Prestige Building Supplies Ltd and shall be retained by Prestige Building Supplies Ltd for as long as and on the same terms as those which it would have retained title to the Goods.
11.4 The customer shall store any Goods owned by Prestige Building Supplies Ltd in such a way that they are clearly identifiable as Prestige Building Supplies Ltd’s property, shall maintain records of them identifying them as Prestige Building Supplies Ltd’s property, of the person to whom it sells or disposes of such property and of the payments made by such persons for such property. The Customer will allow Prestige Building Supplies Ltd to inspect these records and the Goods themselves upon request. In the event of any doubt as to ownership, any Goods in the Customers possession supplied by Prestige Building Supplies Ltd shall be deemed to belong to Prestige Building Supplies Ltd unless the Customer can prove otherwise PBS shall be free at any time when any payments from the Customer are outstanding to appropriate payments made by the Customer to any outstanding invoice not withstanding any express appropriation by the Customer at the time of payment.
11.5 If the Customer sells or otherwise disposes of or makes any insurance claim in respect of the Goods prior to making payment in full for the Goods, it shall not give any warranties or incur any liability on behalf of Prestige Building Supplies Ltd, Prestige Building Supplies Ltd shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of the Goods. Such proceeds shall be paid into a separate bank account and shall be held by the Customer on trust for Prestige Building Supplies Ltd.
11.6 If the customer fails to make any payment to Prestige Building Supplies Ltd when due, enters into bankruptcy or a composition with a creditor has a receiver or Manager appointed over all or parts of its assets, or become insolvent, or if PBS has reasonable cause to believe that any of these events is likely to occur, Prestige Building Supplies Ltd shall have the right, without prejudice to any other remedies.
11.6.1 To enter without prior notice any premises where property owned by it may be and to discharge any sums owed to PBS by the Customer.
11.6.2 To require the customer not to resell or part with possession of property owned by Prestige Building Supplies Ltd until the Customer has paid in full all sums owed to Prestige Building Supplies Ltd.
11.6.3 To withhold delivery of any undelivered Goods and to stop any Goods in transit.
12.0 Prestige Building Supplies Ltd shall not be liable for any loss or damage caused by the delay in the performance or by the non-performance of any of its obligations here under where the same is occasioned by any cause whatsoever which is beyond Prestige Building Supplies Ltd Media ‘s control including but not limited to Acts of God, hostilities, civil disturbance, requisitioning, governmental or municipal restrictions prohibitions or enactment of any kind, lockout or trade disputes (whether involving its own employees or those of any other person) difficulties in obtaining workmen or materials, breakdown of machinery, fire or accident. Should any such event occur Prestige Building Supplies Ltd may cancel or suspend any order of Goods by the Customer without incurring any liability for any loss or damage thereby occasioned.
13.0 These conditions shall be governed and construed by English law and the English courts shall have exclusive jurisdiction in connection herewith.
14 In the event that any provisions of the Commercial Terms and Conditions of sale or any such provision shall be held by a court of law to be contrary to law, the remaining provisions of the commercial Terms and Conditions shall remain in full force and effect.
EXISTING ACCOUNT CUSTOMERS
Any offer on the website is extended to yourselves however it must be paid for prior to delivery and a delivery surcharge will be added if the order value is under £75.00. Please contact your representative or the office on 01706 249565 to assist you further.