TERMS AND CONDITIONS OF SALE
1.1. For the purposes of these terms and conditions (“Conditions”):
1.1.1. “Goods” or "goods" means the goods which the Seller is to supply to the Buyer in accordance with these Conditions;
1.1.2. “Buyer” or "buyer" means the individual or organisation who enters into a contract with the Seller; and
1.1.3. “Seller” or " seller" means the Company which supplies Goods to the Buyer.
1.1.4 “installation date” means the proposed date for delivery and/or installation to which the goods will be ordered and procured. The time for delivery shall not be as of the essence.
1.1.5 When used, Gilesgate Bathroom Studio is a trading name used under the banner of Gilesgate Plumbing & Bathroom Supplies LTD
1.2. Any quotation given by the Seller is an invitation to the Buyer to make an offer only and no order placed by the Buyer with the Seller in pursuance of a quotation or otherwise shall be binding on the Seller unless and until it is accepted in writing by the Seller’s acceptance of order, order acknowledgement form or despatch note or delivery note, or the Goods are despatched.
1.3. Any contract made with the Seller for the sale of Goods shall incorporate and be subject to these Conditions only and any representation or warranty, written or orally made or given prior to the contract is hereby expressly excluded and all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, price lists and other advertising matter are intended only to present a general idea of the Goods described therein.
1.4. In the event that no quotation is given by the Seller and the Seller has received an order from the Buyer then provided that the Buyer shall have notice of these Conditions, in such circumstances all Goods are sold subject to these Conditions.
1.5. In the event that a quotation is given by the Seller and the Seller has received an order from the Buyer then provided that the Buyer shall have notice of these Conditions, in such circumstances all Goods are sold subject to these Conditions.
1.6. Unless otherwise agreed in writing, the Seller reserves the right to despatch or deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose the Buyer has made known to the Seller.
1.7 Goods that are designated as "Special Order" may not be cancelled refunded or returned after ordering. Special order items are defined as the following:
Goods manufactured to order, either within or outside of the UK; All goods that are shipped from outside of the UK; Goods ordered to a specific colour finish or specification; Personalised goods or bespoke items of any kind either shipped from within or outside of the UK; Spare or replacement parts ordered for a specific brand or range of product; All goods priced and ordered to a customer's specific list or brief..
1.71 Goods specification, quantities, codes and prices are solely the responsibility of the buyer to check as correct prior to the buyer confirming placement of the order. Any amendments required after such confirmation will be charged accordingly.
1.72 Unless stated otherwise placement of order and acceptance of these terms will be deemed at the time of us receiving either a deposit or payment in full from the buyer, however should the goods be cancelled at any time after placement of the order then any outstanding sum to the full value of the goods will become immediately due and payable.
1.8 Qualifying returns will incur a minimum 30% restocking fee.
1.8.1 PRICE Unless otherwise agreed, the price is exclusive of VAT and other taxes and the cost of carriage and is based on costs current at the date of order acknowledgment or the date of the Seller’s quotation if earlier.
The Seller reserves the right at any time prior to delivery of the Goods to adjust the price to take account of any increase in the costs to it of materials, taxes, labour or services or of any currency fluctuations which increase the costs to it of Goods imported into the United Kingdom.
1.9 The liability of any import or export duty / charge (if applicable to a product at customs) remains the sole responsibility of the buyer. Worldwide shipping charges are specific to shipping only.
3. PAYMENT
3.1. Unless agreed otherwise in writing by the Seller the price shall be payable:
3.1.1. in the case of a Buyer who is a credit account holder, on or before the 28th day (or first working day thereafter) of the calendar month following the month in which the Seller invoices the Buyer; and
3.1.2. in all other cases, on demand.
3.2. If at the date on which the Seller is ready to deliver the Goods the Buyer delays delivery for any reason, the Seller may present invoices for full settlement within 7 days of that date.
3.3. In the case of a Buyer who is a credit account holder an additional transactional charge equal to 3% of the relevant transaction value shall be payable in cash if the Buyer pays for any Goods by credit card. For the avoidance of doubt, no such transactional charge shall be payable if the Buyer pays for the Goods wholly in cash.
3.3.3.4. Time for payment shall be of the essence.
3.4.3.5. In default of payment and without prejudice to any other rights or remedies the Seller reserves the right to demand payment of all outstanding balances whether or not due.
3.5.3.6. Interest shall be charged on outstanding balances at the rate of 2.0% per month as well after as before judgment.
3.6.3.7. The Buyer shall not be entitled to withhold or set-off payment for Goods delivered for any reason whatsoever. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.
3.7.3.8. In the case of a Buyer who is a credit account holder, the Seller shall be entitled in its sole discretion to suspend or terminate the Buyer’s account if the Buyer fails to make a payment when it becomes due or if the Seller otherwise reasonably believes that the Buyer has failed or will fail to comply with the terms of the credit account.
3.8.3.9. The Buyer shall indemnify the Seller against any legal or other expense reasonably incurred by the Seller in the collection of any sums outstanding from the Buyer to the Seller, including without limitation, legal costs and fees.
4. GUARANTEE
4.1. If the Buyer is a limited company, limited liability partnership or a trust, any director or directors and any person who holds more than 25% of the issued share capital of the Buyer (if a limited company) any member of the Buyer (if a limited liability partnership) and any trustee of the Buyer (if a trust) who sign the Seller’s credit account application form agree (if more than one, jointly and severally) to guarantee the payment of all monies, debts and liabilities of any nature from time to time due or owing from or incurred by the Buyer to the Seller (the “Guaranteed Obligations”).
4.2. This guarantee is and shall at all times be a continuing security and shall cover the ultimate balance of all monies payable under the contract, irrespective of any intermediate payment or discharge in full or in part of the Guaranteed Obligations.
5. CREDIT
This contract shall be subject to the provision that if at any time thereafter the Seller is advised of circumstances casting doubt on the Buyer’s credit worthiness or satisfactory security for payment is not given on request, the Seller may require payment of the whole or part of the purchase price from the Buyer in advance and pending such payment the contract shall be suspended. In the event of such advance payment not being made within a reasonable period stipulated by the Seller, the Seller may cancel the Buyer’s order without liability and the Buyer shall be responsible for any resulting loss to the Seller.
6. RISK
The risk in respect of all Goods sold under the contract shall pass to the Buyer upon delivery to the Buyer or to the Buyer’s order In any event the property in the Goods shall not pass to the Buyer except as provided in Condition 7 hereof.
7. TITLE RETENTION
7.1. Until the purchase price of the Goods comprised in this or any other contract between the Buyer and the Seller and all other indebtedness of the Buyer to the Seller shall have been paid or satisfied in full (if by cheque then only upon clearance):
7.1.1. the property in the Goods comprised in this contract remains vested in the Seller (notwithstanding the delivery of the same and the passing of the risk therein).
7.1.2. the Buyer shall store the Goods in such a way that they can be readily identified as being the Seller’s property.
7.1.3. the Buyer shall on request inform the Seller of the precise location of each item of the Goods identified where applicable by its serial number, by supplying the Seller at its expense within seven days of its request with a written schedule of the said locations.
7.1.4. the Buyer may sell the Goods as the Seller’s agent in the normal course of the Buyer’s business and may pass good title to the Buyer’s customer being a bona fide purchaser for value without notice of the Seller’s rights on the following Conditions: of sale in the circumstances set out in Condition 5 or 11 of these Conditions.
7.1.4.1. the Seller may at any time revoke the Buyer’s said power.
7.1.4.2. the Buyer’s power of sale shall automatically cease in any of the circumstances set out in Condition 11 of these Conditions.
7.1.4.3. the Buyer shall notify the Seller without delay of any attachment of the Goods or actions by third parties which might infringe the Seller’s title to the Goods.
7.1.5. Upon determination of the Buyer’s power of sale the Seller shall be entitled by itself its servants or agents to enter upon any of the Buyer’s premises or any other premises for the purpose of removing and repossessing such Goods and the Buyer shall indemnify the Seller against any claims arising from such repossession and for the cost of such repossession.
7.1.6. until the title in the Goods has passed to the Buyer:
7.1.6.1. the Buyer shall not purport to be the owner of the Goods and shall not show such Goods as stock in its accounts.
7.1.6.2. the Buyer shall insure the Goods against theft or any damage howsoever caused until their price has been paid or until sale whichever shall first occur and the Seller shall be entitled to call for details of the insurance policy.
7.1.6.3. if the Buyer shall not insure the Goods or shall fail to supply details of its insurance policy on demand to the Seller the Buyer shall reimburse the Seller for the cost of any insurance which the Seller may reasonably arrange in respect of any of the Goods during the whole or any part of the period from the date of its delivery of the Goods until the date of payment to it of their full purchase price.
7.2. Nothing in these Conditions shall:
7.2.1. entitle the Buyer to return the Goods or to delay payment for the Goods; or
7.2.2. constitute or be deemed to have constituted the Buyer as the Seller’s agent otherwise than for the purpose of this Condition; or
7.2.3. render the Seller liable to any third party for any unauthorised representation or warranty made or given by the Buyer to such third party in relation to the Goods; or
7.2.4. prevent the Seller from maintaining an action for the price not withstanding that the property in the Goods may not have passed to the Buyer.
7.3. In the case of sales of Goods in Scotland, Condition 7.1 shall not apply and in place thereof, there shall be substituted the following Condition: “Until the purchase price of the Goods comprised in this contract between the Buyer and the Seller have been paid in full:
8. DELIVERY
8.1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
8.2. Any delivery date quoted is given in good faith, but the Seller shall not be responsible for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence and the Seller shall not be liable for any delay in delivery howsoever caused.
8.3. The Seller shall be entitled to make delivery by instalments (in which case each delivery shall constitute a separate contract), and to invoice the Buyer separately for each instalment. Failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
8.4. Except in the case of delivery at the Seller’s premises, the Buyer shall at its own expense use all reasonable endeavours to ensure that the Seller is able to freely access and make any deliveries to any other place for delivery at such time(s) as may be specified by the Seller. Any failure by the Buyer to comply with the provisions of this Condition or to otherwise accept delivery (save upon such grounds for rejection as are specified in the law relating to the Sale of Goods) shall be deemed to be a breach of contract. Any additional costs incurred by the Seller in re-delivering the Goods (either to the originally agreed place for delivery or to such other place as may be reasonably requested by the Buyer) will be charged to the Buyer.
8.5. The quantity of any consignment of Goods as recorded by the Seller upon despatch from the Seller’s premises shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. Notwithstanding the provisions of Condition 8.5, the Seller shall not be liable for any under-delivery of Goods in whole or in part (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller of the under-delivery within 24 hours of the date when the Goods are delivered to the Buyer (as recorded by the Seller or, if there is no such record, when the Goods would in the ordinary course of events have been received). Any liability of the Seller for under-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods.
8.6. All materials are ordered and procured as per the proposed “installation date”. The Seller are unable to store or hold materials after the proposed “installation date” / delivery date, it is the customer’s responsibility to arrange onsite storage or alternative offsite storage as necessary.
8.7. The refusal of a delivery, will lead to the actual cost charge of returning the pallet/parcel to Gilesgate Plumbing & Bathrooms LTD. Attempted deliveries to the Buyer/Buyer's address will be reattempted by the courier company but only once payment is made for a duplicated cost of the original delivery charge.
9.0 WARRANTY
All goods supplied by the Seller come with a 12 month manufacturer’s guarantee. When Products are stated as having longer guarantees, these guarantees are covered by the Manufacturer and not the Seller, this does not affect your statutory rights. In the case of installation / fitting works carried out by the seller the fitting warranty applies for a period of 12 month from the date of the installation.
9.1. The Buyer shall lodge with the Seller in writing within 24 hours after delivery of the Goods any claims in respect of defects or in such Goods, which are reasonably capable of detection by careful examination. Defects which are not detectable or visible by careful examination within that period shall be notified as soon as practicable and in any event no later than:
9.1.1. 1 days after discovery of the defect; or
9.1.2. 12 months after the date of delivery of the Goods, whichever occurs first.
9.2. The Seller shall at is option repair or replace or refund or credit the purchase price of any Goods or part thereof in which under proper storage and use defects appear within the time limits set out in Condition 9.1 above which are caused by faulty material or workmanship and if any Goods, during the recommended service life, and if fitted to an application stated in the current catalogue or bulletin of the Seller are found to be defective, the Seller will accept responsibility for damage to other working parts of the Buyer’s equipment solely and directly attributed to a manufacturing defect in the Goods, and will restore such working parts to a condition equivalent to the existing condition prior to failure. PROVIDED that:
9.2.1. the defective Goods are returned to the Seller, transportation charges being prepaid by the Buyer;
9.2.2. examination by the Seller of such Goods shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not effected by the Seller, and
9.2.3. the Buyer shall afford to the Seller all reasonable facilities to inspect any working parts of the Buyer’s equipment which are alleged to have been damaged as a result of defects in the Goods;
9.2.4. the Buyer shall pay to the Seller the cost (as certified by the Seller) of any examination of the Goods and any relevant working parts where the outcome of the examination is that the Seller is not deemed to be liable for any defect in the Goods or any damage alleged to have been caused by defects in the Goods;
9.2.5. this warranty does not cover faulty installation, misuse, alteration, normal wear and tear or accident, nor will the Seller be liable for any other losses or consequential expenses incurred;
9.2.6. the Buyer shall provide such information regarding the circumstances of the claim as would be reasonably required to assess the validity of the claim. If insufficient information is provided, the Seller shall be entitled, within 7 working days of requesting in detail the additional information needed, and such information not having been received, to reject the claim and return the Goods to the Buyer;
9.3. The foregoing provisions shall be in lieu of any warranties and conditions whether express or implied by statute common law or otherwise howsoever, which warranties and conditions are hereby expressly excluded.
9.4. Save as aforesaid and save in respect of death or personal injury resulting from the negligence of the Seller its servants or agents, the Seller shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Buyer against the Seller whether in contract or tort (including negligence on the part of the Seller its servants or agents) arising out of or in connection with any defect in the Goods or work or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the contract or breach of a fundamental term thereof) or the Seller its servants or agents in the performance of the contract.
9.5. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, NOTHING HEREIN CONTAINED SHALL OPERATE TO EXCLUDE ANY WARRANTY OR CONDITION IMPLIED BY STATUTE IN THE EVENT OF THE BUYER DEALING AS A “CONSUMER” AS DEFINED BY SECTION 12 OF THE UNFAIR CONTRACT TERMS ACT 1977. IN SUCH A CASE THE BUYER’S STATUTORY RIGHTS ARE UNAFFECTED BY THESE TERMS AND CONDITIONS.
9.6. The Buyer accepts as reasonable that the Seller’s total liability for defective Goods and delivery of the Goods shall be as set out in these Conditions; in fixing that limit the Seller has had regard to the contract price of the Goods, the nature of the Goods, the use they will receive, and the resources available to each party including insurance cover, to meet any liability.
10. HEALTH AND SAFETY
The Buyer’s attention is drawn to the provision of Section 6 of the Health and Safety at Work etc. Act 1974. The Seller will make available on written request such information on the design and construction of the Goods as is in its possession to ensure that as far as is reasonably practicable it is reasonably safe and without risk to health when properly used.
11. INSOLVENCY AND BREACH OF CONTRACT
In the event of any breach of these conditions not being remedied by the Buyer within 30 days of the Seller’s written notice requesting such remedy or upon the Buyer entering into any composition or arrangement with its creditors or passing a resolution for winding up the entering into liquidation (whether voluntary or compulsory) or any similar arrangement or a Receiver is appointed of the Buyer’s assets, the Seller shall be entitled without prejudice to its other rights hereunder to suspend all further deliveries and / or determine the contract or any unfulfilled part thereof and the Buyer shall be responsible for any resulting loss to the Seller.
12. INTELLECTUAL PROPERTY
Not withstanding any implied warranty or condition as to title or otherwise in relation to the Goods supplied hereunder, the Seller shall not be liable to indemnify the Buyer in respect of any claim made or threatened against the Buyer by a third party whether by legal proceedings or otherwise based on any intellectual property right claimed (whether registered or not) or breach of confidence unless:
12.1. the Seller shall have been promptly notified of the claim or threat and no admissions shall have been made by the Buyer such as would prejudice the defence of any such claim or threat.
12.2. the Goods shall have been designed by the Seller or made to its design. In any event the Seller’s liability shall be limited to damages and costs awarded by a court of competent jurisdiction in proceedings conducted in accordance with the wishes of the Seller or such sum as may be paid in compromise of such proceedings with the assent of the Seller.
13. MODIFICATIONS
The Buyer shall accept Goods whose specification has been modified since the date of order provided that such Goods substantially conform with the order and the modification does not materially affect the performance of the Goods.
14. BUSINESS TO BUSINESS SALES: END OF LIFE OBLIGATIONS
14.1. To the extent that the law permits, the responsibility for and (where not specifically provided for in purchase price) the costs of compliance with disposal shall rest with the Buyer.
14.2. The Buyer shall indemnify the Seller and keep the Seller indemnified against all costs, expenses, damage or other losses incurred or suffered, demands or proceedings made against the Seller arising from a breach by the Buyer of this Condition 14.
15. ASSIGNMENT
The Buyer shall not assign or transfer or purport to assign or transfer the contract or the benefit hereof to any other person.
16. SUB CONTRACTS
The Seller reserves the right to sub contract the performance of the contract or any part thereof.
17. GENERAL
17.1.Notices Any notice given under the provisions of the contract shall be in writing and shall be deemed to have been sufficiently served if delivered personally or sent (within the U.K.) by first class post or (outside the U.K.) by airmail and the address of service shall be that shown the contract or such other address as the relevant party shall notify from time to time. Any notice served by first class post shall be deemed to have been served 48 hours after the date of despatch, any notice served by airmail shall be deemed to have been served 10 days after the date of despatch.
17.2.Waiver The waiver by the Seller of any breach of any term of the contract shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
17.3.Severance Each of the Buyer’s obligations hereunder shall be a separate and independent obligation.
17.4. Titles The titles of the Conditions hereof shall not be taken into account in the construction hereof.
17.5. Third Party Rights No person other than a party to the contract shall have any rights to enforce any term of the contract.
17.6.Variation
17.6.1. Any variation, including the introduction of any additional terms and conditions to the contract, shall only be binding when agreed in writing and signed by an authorised representative of the Seller.
17.6.2. The Seller may vary these Conditions from time to time. Any such variations will be posted to the Seller’s website and notified to the Buyer and the Buyer will be deemed to have accepted such variations if it continues to order Goods from the Seller after the date of such notice.
17.7.Governing Law Any contract to which these Conditions relate shall be governed by English Law and the parties shall submit to the non-exclusive jurisdiction of the English Courts.
17.8 All Returns are subject to the sellers agreement and in such case qualifying returns will incur a minimum 30% handling / admin fee in addition to all supplier / manufacturer restocking costs.
18. CHECKING OF GOODS
18.1 The materials “Goods” and associated description, quantity and costs are outlined within the estimate, quotation and procurement check list / order confirmation. These are be checked by the buyer prior to the seller procuring, ordering or shipping the "goods". It is the Buyers responsibility to fully check all such documents prior to acceptance, specifically, description, sizes, quantities, colours and specification. The final “Goods” and/or quantities may well be subject to change dependant on site specific details. The seller does not accept any liability whatsoever regarding the design and the final checking of the “Goods”. The checking and confirmation of all goods is deemed to be the Buyers responsibility, if in doubt check with your installer prior to acceptance and confirming your order by signing the procurement check list / order confirmation.
18.2 The seller does not accept any liability for the replacement or return of any “Goods” which are incorrectly ordered, called off, or fitted.
18.3 It is the Buyers responsibility to check all goods for damage and report back to us within 24 hours of delivery & always prior to fitting.
18.4 In the case of tiles the estimate / quotation allows for a net tile quantity with an approximate wastage allowance of +15%, the estimate does not allow for details such as boxing’s, tiled bath panels, window reveals etc. The final tile quantities, checking & acceptance of quantities and call off thereof is the Buyers responsibility, tile quantities are always subject to change dependent on site specific details, the actual tile wastage varies considerably dependent on tile type, size and installer, as such the seller does not accept any responsibility for the estimated tile quantities (over ordered tiles or shortages inclusive).Final Tile quantities should always be checked by the Buyer prior to ordering and/ or calling off.
18.5 Tiles are non-returnable & non-refundable.
18.6 Once installed the general maintenance of tiling grout is the responsibility of the "Buyer", Tiling grouts need regular maintenance to retain integratory, particularly tiled floors, wet room floors and floors with underfloor heating which naturally expand and contract ultimately substantially reducing the tile grout / adhesive lifespan; in such instances it is the buyers responsibility to regularly check and maintain the grouting. The seller does not warrant or accept any responsibly for the aforementioned or associated costs or claims relating to non-maintenance of grouts.
19.0 ELECTRICAL GOODS
All electrical goods are non-refundable (due to health and safety), it is the buyer’s responsibility to check and confirm the estimate/quotation and suitability of the goods according to the project and intended application.
20.0 “QUOTATION / ESTIMIATE SERVICE”
20.1 All Quotations and estimates are offered on the basis of these Full Terms & Conditions ("Conditions").
21.0 DESIGN GUIDANCE SERVICES & DRAWING SERVICES
21.1 All design services and drawing services are offered free of charge by the seller up to the point of the buyer either:
(a) Not going ahead
or
(b) Agreeing to the finalised design with the seller on confirmation of contract as defined in clause 21.2
21.2 The “Final Design Drawings” and the “Procurement Check List / Order Confirmation” are issued to the buyer upon the “Concept Design” being verbally or otherwise agreed by the buyer as the “Final Design”, whereupon the buyer will duly pay the seller a 50% deposit payment against the full amount of the goods as confirmation of a binding contract and the buyer shall thus proceed to the “Final Order & Procurement Phase” as per clause 21.3 below.
21.3 “Final Order & Procurement Phase” – Final Design Drawings are always subject to possible site change/s, therefor it is imperative that you “the buyer" check with your installer, builder, architect or interior designer for any potential site changes prior to you signing off the “Procurement Check List / Order Confirmation” document. Once signed by the buyer, the seller will deem the “Procurement Check List / Order Confirmation” as the buyers final confirmation and approval for the seller to order the “goods". From such time the buyer will be charged all reasonable costs for any change, cancellation, addition, or omission appropriate to any such goods that the buyer amends. Special order items cannot be cancelled after such time as they are deemed non-refundable.
21.4 The goods will only be ordered and procured by the seller once the buyer has confirmed that the final design drawing are accepted and the “Procurement Check List / Order Confirmation” document is duly signed, approved, and returned to the seller by the buyer.
21.5 Design services and drawing services are offered free of charge subject to the buyer purchasing the full amount of the goods from the seller as outlined within clause 21.2
21.6 Should the buyer require changes and omit goods after the date of the agreed contract as defined in clause 21.2, amounting to a reduction in excess of 5% of the full amount of the goods, then all such designated free design services and drawing services will become chargeable at the rates identified within clause 21.7 below.
21.7 Any design change or drawing changes, requested by the buyer after the approval of the Final Design Drawings as defined in clause 21.2 will be chargeable to the buyer at an additional cost of £295 per drawing / room, plus a designer rate at £80 per hour.
21.8 Deposits do not give any rights or ownership to the buyer or any third party, and the drawings remain property of the seller.
21.9 The seller does not accept any liability whatsoever regarding any design or drawing services offered, whether or not the service if provided free or otherwise. All such design and drawing services are for guidance only.
22.0 COMPLAINTS PROCEDURE
The Buyer accepts as reasonable and agrees to adhere to the Seller’s complaints procedure and hereby agrees that any complaint or review shall be subject to the following terms:
22.1 Complaints must be confirmed by the buyer to the seller in writing and via a signed letter in physical format only.
The seller will not accept or respond to complaints in any other format, this includes email or any other digital content, including all digital means. All correspondence should be addressed to:
The Manager
Gilesgate Plumbing Supplies Ltd
Unit 3 St Andrew Trade Park
Durham DH1 2QX.
22.2 All complaints will be acknowledged by the seller within a period of 7 working days from the date of receipt.
22.3 The seller shall look to respond to the contents of any complaint within a reasonable timescale taking into account the content of the complaint, normally within 7 to 10 working days (dependant on the complaint itself).
22.4 The person responsible for dealing with customer complaint (on behalf of the seller) is classified as “The Manager
22.5 The Buyer agrees only to leave public feedback, transfer or purport to assign public negative feedback to any social media or public platform subject to adhering to the following clause’s and sub clauses: 22.6 to 22.92.4.
22.6 By sending the seller your comments regarding products and/or our customer services, you (the buyer) agree that we can publish them online.
22.8 If you (the buyer) have experienced any problems with our service/s then you will need to notify us accordingly in writing for an investigation to be carried out and give us (the seller) sufficient opportunity to respond accordingly. Please notify us with the facts in writing, via a signed letter in physical format. All letters should be addressed according to clause 22.1.
22.91 The buyer agrees not to leave any negative feedback on any online resource without first giving our customer services department an opportunity to respond to an official complaint. Please note publication of defamatory material may result in legal action for libel against the publisher.
22.92 By law: reviews must be permissible, truthful and not exaggerated opinion. Reviews placed outside of the law are deemed as Defamation and therefore subject to Libel. A review with exaggerated content or not truthful, which may be harmful to a business is considered to be defamatory. A written review which is defamatory is known as Libel if:
22.92.1. It’s in written form;
22.92.2. If it contains either false, exaggerated or dishonest opinion.
22.92.3. Has caused or has potential to cause harm and financial damage.
22.92.4. It can cause to the subject to have been lowered in the estimation of 'right thinking members of society'.
22.93 The buyer hereby agrees with the seller to remove any such content (at the request of the seller) which in the sellers opinion is identified as being a breach of clauses 22.92.1 to 22.92.4 and all such content should be removed with immediate effect. Should the buyer disagree with the seller, then the buyer must confirm in writing to the seller within 7 days of such notice being received from the seller, the reason for non removal of such content thereof.