Trading Terms

1. Introduction
1.1 The terms contained in this document (Trading Terms) apply to all transactions for the purchase of building services from G H Walters & Son. By instructing G H Walters & Son to proceed with building services you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent.

1.2 In the event that the Site contains separate terms of trading linked to via the Site homepage, in the case of conflict between those terms of trading and these Trading Terms the terms of trading shall prevail over these Trading Terms.

1.3 We reserve the right to change these Trading Terms from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.

2. Instructing G H Walters & Son
2.1 You may place an instruction with us to start building works in writing (email or letter) or in person by phone. We take your written or verbal instruction to carry out works in good faith.

2.2 All instructions placed by you are subject to acceptance by us. We may choose not to accept your instruction for any reason and will not be liable to you or to anyone else in those circumstances.

2.3 After submitting an instruction to us, you will be sent an order acknowledgement email with your order reference and details of the materials you have ordered. Acceptance of your order and the formation of the contract between us will take place when we send you an email confirming that the materials you have ordered have been allocated to you, unless we have notified you that we do not accept your instruction or you have already cancelled it in accordance with the provisions below (see Cancellations and Refunds).

2.4 If your instruction includes material(s) which are not available from stock, we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option to wait until the material(s) are available from stock, or cancel your instruction.

3. Prices and payment
3.1 The prices of building services provided are in pounds (£) sterling, exclusive of VAT, and delivery charges. Delivery charges may be added to the total amount due once materials have been properly costed out in your quotation.

3.2 Prices may change at any time prior to (but not after) acceptance of your order.

3.3 We cannot accept your order until we have agreed payment terms.

3.4 In the unlikely event that the price of any materials has been incorrectly priced on your quotation, we will contact you by email or telephone to ask whether you wish to proceed with the instruction at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the instruction. Unless we have already confirmed acceptance of your instruction, we will not be obliged to supply materials at the incorrect price.

4. Delivery
4.1 Subject to availability, we will use all reasonable endeavours to deliver the materials you have ordered as soon as possible after your instruction is accepted by us.

4.2 We will deliver directly to the address specified in your instruction.

4.3 The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt.

4.4 Once delivered, the materials ordered will become your property and your responsibility and, except in relation to materials that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

5. Cancellations and returns
5.1 Unless one of the exceptions listed in Clause 5.4, below applies, you may cancel your instruction (or any part of it) without giving any reason within fourteen (14) days. The cancellation period will expire fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the materials. To exercise the right to cancel, you must notify us, giving us your full name, address and order reference (if any) or, alternatively, by returning the materials, in accordance with the provisions below (see Clause 5.4).

5.2 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.3 If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the materials or goods back or you have supplied evidence of having sent back the goods/materials, whichever is the earliest. Alternatively, you may ask us to substitute materials, rather than provide you with a refund, but we can only do that if the materials you wish to substitute is of equivalent value to the order you are cancelling.

5.4 You may not cancel your order if:

the materials consist of perishable items, or have been sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
the materials have been customised or made to your own specifications;
any materials which become mixed inseparably with other items after their delivery, unless such materials were damaged or faulty when delivered to you or have been incorrectly delivered.

5.5 All such materials should be returned within fourteen (14) days of you cancelling your order and, in any event, no later than twenty-eight (28) days after the material(s) have been delivered to you, in accordance with the following process:

Include any returns note provided

5.6 Our policy on cancellations and returns does not affect your statutory legal rights.

6. Faulty Services
6.1 If any material/s you purchase is damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe materials are faulty, you should notify us to arrange for the return of the materials(s).

6.2 Our policy on faulty materials does not affect your statutory legal rights.

7. Service Information
7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our Services in the images that appear on our Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the Service(s) upon delivery.

8. Our liability
8.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

8.2 You are responsible for the use you make of the Service(s) you order. To the extent not prohibited by law, we accept no liability for any loss or damage which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, business interruption, loss of business or opportunity and other similar losses).

8.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

8.4 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.

9. Personal Data
9.1 We will only use your personal information in accordance with our Privacy & Cookie Policy. Please take the time to read our Privacy & Cookie Policy, as it includes important terms which apply to you.

10. General
10.1 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.

10.2 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.

10.3 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

10.4 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

10.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Trading Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

11. How to contact us
11.1 Please feel free to contact us using the details set out on our Site.

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