Terms And Conditions Of Use|
1. Our Contract with You
No contract exists between you, the customer and us Plumbmart, Unit 14, Redmill Court, East Whitburn, West Lothian, EH47 0PL until such a time as your order for goods is confirmed and the goods are dispatched. Plumbmart shall not be deemed to have accepted your order until that time and may refuse or cancel your order, notwithstanding that an automatic confirmation of your order may have been received by you.
2. Pricing and Availability
Your credit or debit card will normally be charged at, or shortly after, the time that your order is placed. Prices for all goods are listed on the website. Prior to finalising you will be shown the total price for the goods inclusive of VAT and any delivery charges (if they apply). In the event that we have sold-out of any items you have ordered, you will be informed bye-mail within 5 working days.
3. Other Forms of Payment
You can pay by postal cheque. Select that type of payment, print out your order confirmation and return it to us enclosing a cheque for the full amount. Please note we will only process your order after your cheque has cleared into our bank account.
Plumbmart does everything it can to ensure that the goods are delivered promptly. However, time shall not be of essence in relation to your contract with Plumbmart, and late delivery shall not affect the contract with Plumbmart. If Plumbmart is aware of any anticipated lengthy delay in the delivery of the goods you have ordered, Plumbmart will attempt to contact you and keep you advised of the likely date for delivery. Plumbmart does not deliver to certain areas of the UK. You will be advised of this at time of placing order.
Delivery shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. Plumbmart will not accept any liability for damage to property caused during delivery. If the delivery vehicle cannot gain access to the delivery address, then additional costs may be payable. Our delivery vehicles can be large and use a tail lift when offloading . The delivery vehicle must be able to park where the delivery is to be made. A pallet truck is then used to manually manoeuvre the goods off the vehicle to the KERBSIDE delivery point. This ground must be of tarmac or concrete and level and clear of obstructions like parked cars, overhanging trees or sharp bends.
In such cases that delivery, in the opinion of Plumbmart, is not possible, then the company reserves the right to cancel the order.
All deliveries are done between 9.00am and 5.00pm Monday to Friday unless agreed otherwise. However even in this case, as stated above, time is not of essence in this contract.
S. Pallets and Packaging
All Pallets and Packaging are non-returnable
6. Your Rights
This right of cancellation is derived from the Consumer Protection (Distance Selling) Regulations 2000 and applies only to persons falling within the definition of "consumer" as defined in Regulation 3 of the said Regulations, as amended from time to time. This section does not apply if you are not a "consumer".
You have the right to cancel your order at any time after your order is placed until the date 7 working days after you placed the order. You may exercise your right to cancel your order by writing to Plumbmart, Unit 14, Redmill Court, East Whitburn, West Lothian, EH47 0PL
If Plumbmart has already charged your credit or debit card, or cashed your cheque, prior to receiving notice of cancellation, Plumbmart will refund the basic price of items cancelled within 30 days of your giving notice of cancellation. If the items have already been dispatched, Plumbmart will not refund the delivery charge associated to the items.
You have the responsibility to ensure that the cancelled items are kept in "as new" condition and are returned to Plumbmart in that condition. If you do not return the goods to Plumbmart, you must make the cancelled items available to Plumbmart, or its representative, for collection and Plumbmart will deduct the cost of the collection from the money refunded to you.
The right to cancel set out above is in compliance with the Consumer Protection (Distance Selling) Regulations 2000 and is in addition to your statutory rights which remain unaffected.
7. Damaged, Faulty or Incorrectly Supplied items
Should be notified to Plumbmart within 24 hrs of receiving them. Plumbmart will then uplift & replace item(s) as soon as possible.
Plumbmart will only be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when the contract was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure). Plumbmart does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
9. Governing Law
These conditions are governed by and construed in accordance with the laws of Scotland.
10. Licence for website access
Plumbmart grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Plumbmart. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Plumbmart as long as the link does not portray Plumbmart, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Plumbmart logo or other proprietary graphic or trademark as part of the link without our express written consent.
11. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Plumbmart, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
* for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
* to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
* to cause annoyance, inconvenience or needless anxiety
12. Copyright and database rights
All content included on the website, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Plumbmart, its affiliates or its content suppliers and is protected by United Kingdom and International copyright and database right laws. The compilation of all content on this website is the exclusive property of Plumbmart and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Turf n stuff Limited express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Plumbmart express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Plumbmart express written consent.
13. Copyright claims
Plumbmart and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
14. Electronic communications
When you visit Plumbmart or send e-mails to us, you are communicating with us electronically. We communicate with you bye-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.