Terms and Conditions of Online Sale

General

1. Purchases can only be made by persons who access this website from within the UK.
2. In these Terms & Conditions, “we” or “us” means Merchanting, “You” means the person seeking to purchase goods from us, and “our” and “you’re” shall be construed accordingly. “Agreement” means any order which is accepted by us, and “Consumer” means any natural person acting for purposes outside their business.
3. These Terms & Conditions will apply to all sales made on this website. You must not continue using the website if you do not accept these Terms & Conditions. Different Terms & Conditions apply when you shop in-store or if you are a business with a credit account.
4. You should read these Terms & Conditions before placing any order.
5. These Terms & Conditions shall prevail over any and all other terms or conditions contained or referred to in your order or in correspondence or elsewhere or implied by trade custom, practice, or course of dealing unless such other terms or conditions are specifically agreed in writing by us.
6. No variation or exclusion of these Terms & Conditions shall be effective unless specifically agreed in writing in advance by us.
7. You acknowledge that you do not rely on any representations made by our employees or agents. Any estimate of quantities needed or advice or recommendation as to the suitability or fitness of any goods for any particular purpose given by our employees or agents is given without liability on our part. You will be entirely responsible for ascertaining the quantities required and the suitability and fitness of the goods for their purpose.
8. A person who is not a party to the agreement has no rights under the Contracts (Right of Third Parties) Act 1999 to enforce any term of that agreement. You may not assign any agreement we have made with you online or any part of it without our prior written consent.
9. If any provision or part of a provision of these Terms & Conditions is found by any court, or other body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, or unenforceable then such provision or part thereof shall be deemed severable and the remaining provisions of the Terms & Conditions and the remainder of such provision shall continue in full force and effect.
10. The headings appearing above each paragraph are included for reference purposes only and shall not affect or limit the interpretation and effect of these conditions.
11. These Terms & Conditions do not affect your statutory rights.

Your Order

1. (a) By placing an order with us you are accepting that these terms & conditions apply to your order and that our Conditions of Use of Website and our Privacy Policy also apply.

(b) Acceptance of your order will occur when we dispatch the goods you have ordered.

(c) By placing your order you are confirming that you are 18 years old or older. This is because some goods have a minimum legal age limit. All deliveries must be signed for by a person who is over the age of 18. If we cannot deliver to you because there is no one available to sign for the goods we will ask you to rearrange delivery but we may need to make a charge for re-delivery. If no one is available to accept re-delivery we may cancel your order, deduct the delivery charges and refund the balance of your money.

(d) When you place an order payment in full should be made for all goods and any related delivery charges. After you place an order through the website, we will send you an e-mail to confirm that we have received the order.

(e) We reserve the right to reject any order for any reason.

(f) All orders are subject to stock availability. If we are unable to supply your goods within 30 days of you placing your order with us because the goods are unavailable we will notify you and reimburse the payment made by you for the goods.

Price

1. The price payable for the goods sold shall be that set out on our website at the time you place your order.
2. Any typographical or clerical omission in any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without liability on our part.
3. We reserve the right to make such alterations to the prices displayed on our website and the availability of goods as we think fit and without giving you notice.
4. Unless we otherwise agree in writing all prices shall be deemed to be inclusive of Value Added Tax.
5. Delivery charges are not included in the price of the goods and will be payable by you and details of the price you will pay for the delivery will be clearly visible on our website.

Payment

You must pay in full at the time you place your order with us.

If for any reason you do not make payment when you place your order then, without prejudice to any other right or remedy available to us, we shall be entitled to at our option:

1. Cancel your order or suspend any further deliveries to you and or;
2. Charge interest to you at the rate of 8% above the Royal Bank of Scotland’s base rate on any money you owe us; such interest is to accrue on a day-to-day basis from the date we deliver the goods until receipt by us of the full amount owed; and be indemnified by you against all costs and expenses (including legal costs and expenses) incurred by us in recovering sums due from you or in exercising our rights.
3. To ensure that your credit, debit, or charge card is not being used without your consent, we use 3D Secure security methods at the time of payment.

Klarna Finance

We use Klarna as an optional provider of our checkout. This means that we might transfer your personal data in the form of contact and order details to Klarna when the checkout is loaded, in order for Klarna to manage your purchase. Your personal data transferred is processed in line with Klarna’s own privacy notice.

Delivery

1. Delivery dates or times mentioned on our website and product delivery information or acknowledgment of order or elsewhere are approximate and not of contractual effect and we shall not be liable to you for any failure to deliver on any particular date or dates, or at any particular time, nor shall time be made of the essence by you giving us notice.
2. Delivery will occur when you take possession of the goods or when the goods are ready for unloading at the delivery address.
3. Where we, or our agents, deliver to the site it is on the understanding that there is a suitable road to the point on the site where delivery is requested. If no such road exists delivery will be made to the nearest point to which, in the opinion of the driver, the vehicle can safely proceed and unload. Deliveries are to the curbside only. Except for use of a vehicle-mounted crane, you will provide all necessary labor and equipment required to unload materials promptly and will indemnify us against any cost, claim, loss, or damage arising from unloading and or delivery save insofar as such claims, costs, losses or expenses related to liability for death or personal injury. Due to insurance, we are unable to enter into private property.
4. If you keep our delivery vehicle waiting for an unreasonable period of time or if we are obliged to return without affecting delivery a justifiable additional charge may be made that reflects the additional cost to us.
5. If you refuse or fail to take delivery of goods tendered in accordance with your order or we are unable to deliver the goods because you have not provided appropriate instructions you shall pay us any additional costs or carriage incurred by us.
6. All deliveries must be received and signed for by a person over the age of 18. If no one is available to take the delivery, we will leave details at the address to rearrange the delivery. We may need to make an additional handling charge for redelivery. Should no one be available to take the redelivery we may cancel the order and refund your money, excluding any delivery charges.
7. The responsibility of the goods shall pass to you upon delivery.
8. If you request for your goods to be left in a ‘safe place’ we cannot accept any liability for any loss or damages.

Collection

1. All orders that are subject to the collection are to be collected within 5 working days of being notified.
2. Uncollected orders of 5 days or more are subject to a 10% restocking fee.
3. If for whatever reason you cannot collect your order within the allocated 5 working days you should contact us at the earliest opportunity.

Risk

1. The risk in the goods shall pass to you upon delivery and you will then be responsible for them.

Faulty Goods

1. You shall inspect the goods upon delivery. If the goods are faulty or they have been damaged during delivery you must notify us within 48 hours of delivery. If there are clear damages to the packaging this should be highlighted on the delivery note before signing.
2. If the goods you purchase are faulty, we may offer a repair, exchange, or refund as appropriate in accordance with your statutory and consumer rights. Please contact us at [email protected] or telephone us at 0208 617 8979 to arrange the return of faulty goods at our expense.
3. If a refund, repair, or exchange is refused we reserve the right to charge you any collection costs.
4. Nothing in this clause is intended to affect your statutory rights or your rights as a consumer.
5. If any goods develop a fault after 28 days following delivery and where the manufacturer has provided a helpline, repair service, or warranty, you should contact the manufacturer directly. We will have no obligation to provide any refund or assistance after the 28 days following delivery.

Delivery Discrepancies

• Any delivery discrepancies must be reported within 48 hours. If the packaging appears damaged upon delivery it is essential that this is marked on the delivery note before you sign and accept any goods.
• Nothing in this clause is intended to affect your statutory rights or your rights as a consumer.

Returns

We hope you’ll be pleased with your purchase. If you should change your mind and wish to return anything bought from us we’ll be happy to refund or exchange goods you have purchased from us online within 14 days of delivery providing:

1. The goods you want to return are unopened, unused, and in a fully resalable condition.
2. You will be responsible for returning the goods to us at your own cost and provide proof of return or we can arrange collection which will be chargeable at a minimum cost of £30 plus your original delivery cost which may vary depending upon your location and product type.
3. Goods should be returned to us at Returns Department, Merchanting, Unit B6, J31 PARK, Motherwell Way, West Thurrock, Grays RM20 3XD with proof of purchase and your order details.
4. You must notify us by email at [email protected] if you need to return prior to returning them.
5. We aim to process your refund within 14 days of receipt of the returned items.
6. Refunds can only be made to the original card of purchase or PayPal account.
7. If the goods you return are not in a fully resalable condition we reserve the right to refuse a refund on the goods.
8. The nonresalable items are the following:

• Made-to-measure or bespoke products which have been made to your specifications or clearly personalized or which by reason of their nature cannot be returned.
• Perishable goods.
• Any product with short shelf life or sell-by date.
• Specially obtained/ordered goods.
• Boilers that have been opened.
• Cementitious goods (eg. cement).
• Plaster-based products (eg. multi-finish).
• Mixed paints/liquids
• Chemicals/liquids which have been opened.
• PIR insulation boards.
• Toilet seats have been opened due to hygiene purposes.
• Sealed/sensitive electrical goods, if in sealed packages that have been opened, eg. circuit boards.
• Goods that have been fitted/installed.
• Any goods which have become mixed inseparably with other items/other orders after their delivery.

Returns where over 14 days have passed since your purchase are refunded in the form of store credit.

Due to the nature of these goods, unless they are faulty, we’re unable to offer a refund or exchange.

None of the above conditions affect your statutory rights when goods are faulty, or not as described.

Cancellation Rights

1. You can cancel any online order (excluding bespoke or made-to-measure products) and receive a full refund (including standard delivery charges) by emailing [email protected] (including the order number, post code, and telephone number) at any time before the product is dispatched. Or by post to Returns Department, Builders Market Place, Merchant House, Berth 44, Port of Tilbury, RM18 7HP.
2. Refunds will be paid to the payment card used to place the order and will be made as soon as possible, and no later than, the earlier of 14 days after our receipt of the returned Products, or 14 days after our receipt of evidence of the return of the Products to us. We are permitted to reduce your refund to reflect any reduction in the value of the Products which are due to the manner in which you have handled them.
3. Please note that if you cancel an order after the Product has been delivered, you will be responsible for returning the Product to us at your cost, and this must be within a 14 days period from receiving the goods. Items that are excluded from refunds, are listed above in Returns.

Publication of Reviews and Comments

Publication of negative material relating to Merchanting services, agents, or products that is untrue may result in action being taken against the publisher without further notice being given by us. We reserve the right to remove this material.

Liability

1. Nothing in these Terms & Conditions shall limit or exclude our liability for:
   1. Death or personal injury resulting from our negligence or the negligence of our employees, agents or subcontractors.
   2. Fraud or fraudulent misrepresentation.
   3. Breach of the terms implied by S 12 of the Sale of Goods Act 1979.
   4. Defective products under the Consumer Protection Act 1987.
   5. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. We shall not be liable for any consequential, indirect, economic or special loss or for any loss of profits, loss of business, loss of revenue, loss of goodwill, or loss of anticipated savings whether arising from breach of contract, tort including negligence, breach of statutory duty, misrepresentation or otherwise.
3. We will take all reasonable precautions to keep your details secure but we will not accept liability for any losses caused by unauthorized access to information provided by you. Please see our Privacy Policy.

Measures / Images

1. We may supply all or any of the goods to either metric or imperial sizes in the nearest equivalent measure and goods may be charged in metric measure allowing for conversion.
2. Where fine or special tolerances are required in the goods supplied beyond those generally accepted in the building trade, no liability shall attach to us unless such fine tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such order.
3. Images contained within this site may vary from the actual product. Please check the product description and additional information for more details on the item. If the product information is unclear, please contact us for further information.

Package and White

You will be solely responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations, and waste management licenses relating to such waste. You will indemnify us against all costs, claims, liabilities, and expenses incurred by us arising from or in connection with any breach by you of this clause.

We shall be under no liability for any loss, damage, delay or expenses caused wholly or in part by an Act of God, an outbreak of war, civil commotion, governmental policies or restrictions or control, including restrictions of export or import or other licenses, trade or industrial disputes of whatever nature, whether or not such dispute involves us, our employees or agents, or by any other event whatsoever which is beyond our control, and in any such circumstance, we may omit goods from, or cancel, your order, or postpone delivery of the goods ordered.

Matters Beyond our Control

• The failure by either you or us to exercise or enforce any rights conferred by this contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right at any time thereafter.
• Nothing in these Terms & Conditions will affect the terms of any manufacturer’s warranty or guarantee.
• Nothing in these Terms & Conditions will affect your statutory rights.

Health and Safety

Certain products supplied by us could if incorrectly used, give rise to risks to health and safety. Information in respect of such products is available from us. You undertake to us that you will ensure compliance so far as is reasonably practicable by your employees, agents, licensees, and customers with any instructions given by us or the manufacturer for the purpose of ensuring that the goods will be safe and without risk to health when properly used and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of person handling, using or disposing of them.

Notices

Any notices hereunder to us shall be in readable form and sent to us at Online Cancellations, Merchanting, Merchant House, Berth 44, Port Of Tilbury, RM18 7HP, or sent by email to us at [email protected]. Any notices that we give you hereunder may be sent to the address you provided to us on registering with our website. Any notice hereunder shall be deemed to have been delivered, if sent by post, 2 days after posting, if sent by email on the day the email was received on the next working day after transmission.

Our relationship with you shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts.