We supply products for use with fire safety and smoke venting systems. These products may be purchased through our website at www.inbuilduk.com.
We only supply products to businesses. We do not accept orders from consumers, buying products in an individual capacity. These terms are designed to apply only to sales to business customers. All of our products must be installed by an appropriately qualified and competent installer.
The terms will apply to all orders made through our website.
When placing a website order you must acknowledge your agreement to these terms, and confirm that you are acting in a business capacity, before completing your order. Such acknowledgement is also an acknowledgement of your agreement to our Returns Policy (see clause 16 below). A link to these terms will be included in an email confirmation of your order.
Please note that our liability to you is limited as set out in clause 15 of these terms.
As these terms may be amended from time to time by us, you should print a copy of these terms or save them to your computer so that you have a record of the terms that applied to your order.
Please click on the relevant headings below for further details of the relevant terms.
1. About us
2. Our contract with you
3. Placing an order and its acceptance
4. The Goods
5. No design responsibility
6. Accounts
7. Transfer of risk and title
8. Delivery
9. International delivery
10. Price
11. Delivery charges
12. How to pay
13. Manufacturer’s guarantee
14. Our warranty
15. Our liability
16. Returns and Refunds
17. Termination
18. Events outside our control
19. Data protection
20. Communications between us
21. General
22. Governing law
1.1 Inbuild Online Limited (company number 15724094) (we and us) is a company registered in England. Our registered office is at 152-154 London Road Greenhithe, Dartford, Kent, England, DA9 9JW. Our VAT number is 472849844. We operate the website: www.Inbuilduk.com
1.2 To contact us e-mail our customer service team at support@inbuilduk.com (operated between 9am and 5pm Monday to Friday), or at info@inbuilduk.com. You can also give us formal notice of any matter under the Contract in the manner set out in clause 20.2.
2.1 These terms and conditions, including our Returns Policy, (the Terms) apply to the order by you and supply of goods by us to you (the Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 These Terms and the Contract are made only in the English language.
3. Placing an order and its acceptance
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (the Goods) subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it. We will email you again (normally within 2 working days) to confirm that we have accepted your order (an Acceptance Confirmation). The Contract between you and us will be formed when we send you the Acceptance Confirmation.
3.4 Unless you have an Account (see clause 6) you must pay for the Goods in full, and payment is taken, at the time that you place your order. We will not process your order if payment cannot be taken by us.
3.5 If we are unable to supply you with the Goods for any reason (for example if they are out of stock), we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the amount that you have paid (including any delivery costs unless we will be delivering other Goods that you have also ordered) as soon as possible. We reserve the right to refuse to supply Goods for any reason.
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours will reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 The packaging of your Goods may vary from that shown on images on our site.
4.3 We do not manufacture the Goods. The manufacturer may change the specification of the Goods from time to time, for example if required by any applicable statutory or regulatory requirement. You must check the specifications of the Goods before you purchase them.
4.4 In these Terms we may refer to the following:
(a) Build to Order Goods – these are: (i) Goods that you have requested be manufactured to fit specifications provided by you; or (ii) Goods that you have ordered that are not held in stock by us or by the manufacturer, and that are therefore considered by us to be manufactured specifically for you.
(b) Bulk Orders – any orders which you place for more than ten items of Goods from the same manufacturer will be considered by us to be Bulk Orders.
Certain special rules are identified in these Terms as applying to orders that involve the above.
4.5 Certain of the Goods (such as paints or solvents) may only be available to customers who hold a valid Explosives Precursors and Poisons (EPP) licence issued by the Home Office and an associated photo ID. We will require sight of such documents before sales of these Goods can be made. Our website will identify where this is relevant to any Goods.
4.6 The shipping of certain of the Goods (such as paints and solvents) may be subject to additional rules governing their transport, such as the ‘limited quantity’ rules set out in the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) regulations. Our website will identify where this is relevant to any Goods. Where this applies then:
(a) We may only be permitted to sell such Goods in limited quantities in a single purchase.
(b) You may not be able to return such Goods to us unless you are doing so in compliance with the relevant regulations. Where you are intending to return any affected Goods you must contact us first so that we can provide appropriate instructions, and you must pay the cost of any returns.
5.1 We do not ourselves manufacture any Goods. Where you place an order for any Build to Order Goods, we will pass on your specifications to the relevant manufacturer. You have sole responsibility for ensuring that any specifications that you provide are correct. Any Build to Order Goods will be bespoke to you and we will not be able to re-sell these Goods to another party. As a result we will not accept returns of such Build to Order Goods, and you will not be able to claim a refund of their cost.
5.2 We do not provide any design services and we do not provide any advice as to whether any of our products will be appropriate for your needs or will work within any fire safety scheme. You must make your own determination as to the suitability of any Goods for your needs (including checks with any relevant building control, fire service, fire consultant or risk assessor). By accepting an order for Goods we do not accept any design responsibility in connection with any fire safety or other scheme in which such Goods are to be used.
5.3 If you provide us with a building plan, specification or otherwise, and ask for our recommendation for the likely type, size and quantity of Goods that will be required, then any comments we may make are made on the basis that:
(a) We make no guarantee and give no warranty that any Goods suggested by us will be appropriate for such plan – it is your sole responsibility to determine this.
(b) We do not accept any responsibility for reviewing or commenting on such plan.
5.4 You are solely responsible for installation of any Goods in accordance with the manufacturer’s installation instructions.
5.5 In respect of any Build to Order Goods you request, you shall indemnify us against all losses we may incur as a result of any claim from any third party that the specification you provided to us in connection with such Build to Order Goods infringes the intellectual property rights of such third party.
6.1 We may, at our sole discretion, agree to open an account for you on our website (an Account), for example if you are a regular customer often placing Bulk Orders. If you have an Account then we may agree to certain more beneficial payment terms with you in respect of Goods purchased through such Account. We reserve the right to close any Account at any time at our sole discretion. If you would like to discuss the opening of an Account please email us at info@inbuilduk.com.
6.2 When placing a Bulk Order through an Account we may, at our sole discretion, agree to a discount to our usual website price for the relevant Goods. In this case our e-mail confirmation of the order will confirm the agreed price for the Goods.
6.3 We may, at our sole discretion, agree to grant additional time to pay for orders placed through an Account. Where this is the case:
(a) We will process your order and e-mail you an invoice for the value of such order.
(b) Payment of any invoice must be made in one payment in cleared funds within 30 days from the invoice date (the Payment Due Date).
(c) If your order is for any Build to Order Goods then payment of 50% of the amount of such Goods must be made in one payment in cleared funds by the Payment Due Date, and payment of the balance of the price of such Goods must be made in one payment before delivery of the Build to Order Goods (the Final Balance Date).[1]
(d) If you fail to make payment in full on or before the Payment Due Date (or the Final Balance Date in respect of any Build to Order Goods) then we may: suspend any further services to you; close your Account; appropriate any other payment that you make to us to such of the Goods as we think fit; and charge you interest (both before and after any judgement) on the amount unpaid, at the rate of 8% percent above base rate from time to time of the Bank of England per annum until payment in full is made including any interest due (a part of a month being treated as a full month for the purpose of calculating interest).
6.4 Where we have granted additional time to pay for orders placed through an Account, we reserve the right at any time to require immediate payment of the full balance due in respect of any ordered Goods.
6.5 We will only provide you with an Account, enabling later payment for any Goods on the above terms, if our insurer has confirmed that it is willing to underwrite the credit risk associated with such Account. An Account will have an associated maximum balance, set by our insurer. If our insurer notifies us of the removal of any credit insurance in respect of an Account then this will result in the closure of the Account, which will require you to immediately repay any balance on the Account. If you wish to increase the maximum balance on your Account then we will write to the credit insurer to request this, and will only increase the maximum balance to the extent that our insurer agrees. Where an Account has reached its maximum balance then this must be cleared down sufficiently to allow further purchases of Goods through the Account.
7.1 You own the Goods in any order you have made once we have received payment in full, including payment of all applicable delivery charges, for all of the Goods that were included in that order.
7.2 Until title of the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee, you shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods, and you shall keep the Goods separate from any other goods and properly stored, protected and insured and identified as our property.
7.3 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time. While we will always try to gather a signature to confirm delivery of the Goods, the risk in the Goods will pass to you immediately once delivery is complete irrespective of whether a signature has been obtained.
7.4 You must inspect the Goods for defects at the time of delivery. You will be responsible for any damage to the Goods that has not been notified to us in accordance with the below procedures.
(a) To the extent that it would have been apparent at the time of delivery from a reasonable inspection of the Goods, any claim which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification that you have provided must (whether or not delivery is refused by you) be notified to us at the time of delivery.
(b) To the extent that it would not have been apparent at the time of delivery from a reasonable inspection of the Goods, any claim which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification that you have provided must (whether or not delivery is refused by you) be notified to us within 2 days from the date of delivery.
7.5 In each case the damage must be reported by completing the damage report form on our website. Returns Form.
7.6 If you do not inspect the Goods on delivery, or notify us in accordance with these terms, you will not be entitled to reject the Goods or receive a full or partial refund for the defective Goods and we will not be responsible for any damage or defect identified in the Goods.
7.7 If you are returning any Goods then you are responsible for ensuring their safe keeping pending their return. You will be responsible for any damage to the Goods that may be caused while the Goods remain with you, or while they are being returned to us by you or any courier or other third-party service. We will not accept the return of any Goods that have damage that has not been notified to us before their return in accordance with the above procedures.
8.1 We will contact you within 5 days after the date the of Acceptance Confirmation with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
8.2 Please inform us when you place your order of any restrictions or special requirements for delivery (such as restricted site access), so that we can pass these restrictions on to our delivery carrier. Unless you tell us otherwise, our carrier will leave a delivery at your specified delivery address without requiring a signature from somebody at that address.
8.3 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
8.4 If you instruct us to leave your goods without signature, or our carrier is unable to gather a signature on arrival, the responsibility falls on you to ensure a safe delivery site. We will not be held responsible for lost items if your delivery instructions have been adhered to by our carrier.
8.5 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and our failure to deliver any one or more of the instalments in accordance with these terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
9.1 We usually only deliver to addresses within England, Scotland and Wales. However, we may be able to ship to addresses outside this area (whether in Northern Ireland, Isle of Wight, Isle of Man, Jersey, Guernsey or otherwise) subject to you paying all additional carriage costs including any export/import clearance costs and duties.
9.2 Please contact us at support@inbuilduk.com before placing an order if you would like any Goods to be delivered to an address outside England, Scotland and Wales so that we can determine and agree any additional delivery costs that would need to be paid..
9.3 If you place an order for delivery of any Goods to an address outside England, Scotland and Wales without contacting us first then we will not process the order until any additional shipping costs have been agreed.
10.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, clause 10.5 describes what happens if we discover an error in the price of any Goods that you have ordered.
10.2 The prices of any Build to Order Goods are based on the information and specifications provided by you at the time pf placing the order. These prices will be subject to change if changes are made to the information or specifications that you provide. Where the manufacture of Build to Order Goods has already started it may not be possible to make any changes to the specifications, in which case you will need to place a new order with the new specifications, and you will still be liable to pay for the original order in full.
10.3 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed. We reserve the right to revise any prices or details of Goods given on our site without notice.
10.4 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
10.5 It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) if the correct price of the Goods is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
(b) if the correct price of the Goods is more than the price stated on our site, we will contact you by e-mail or telephone as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order and refund you any sums you have paid.
11.1 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you either during the check-out process (for online orders) or by our customer services representative (for telephone orders), in either case before you confirm your order. Our charges vary depending on the delivery location, the type and value of Goods you have ordered and the requested delivery day. For more information about our delivery charges, please contact us directly.
11.2 Some of the Goods we sell contain hazardous chemicals that must be safely transported and delivered by ADR specialist trained drivers. If you select any such Goods then additional delivery charges may apply, as described on the Delivery Charges page of our site.
11.3 We reserve the right to charge additional delivery costs if our carrier is unable to complete a delivery as a result of any restrictions or special requirements for delivery (such as restricted site access) of which you have not notified us.
12.1 Unless you have an Account, payment for the Goods and all applicable delivery charges is taken when you place your order for the Goods.
12.2 We process all online transactions via Shopify Payments. This may from time to time mean that we have to contact you directly if there is a problem, or any extra charges that may be applicable. Please ensure you leave us your best contact information during working hours.
12.3 If you wish to send us payment by any other means, please contact us by email at support@inbuilduk.com, and we will liaise with you to complete your purchase.
13.1 Some of the Goods we sell to you come with a manufacturer's guarantee or warranty. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee or warranty provided with the relevant Goods.
13.2 It will be your responsibility to take any steps indicated by the manufacturer to register any such guarantee or warranty, and any claims under such guarantee or warranty should be made directly against the manufacturer.
14.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with any laws, regulations or standards outside the UK.
14.2 We provide a warranty that on delivery the Goods shall:
(a) subject to clause 4, conform in all material respects with their description; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979),
subject at all times to the fact that: (i) any description of any Goods and any certification of use of any Goods (whether on our website or otherwise) has been provided to us by the manufacturer and we rely on such description and certification of use by the manufacturer to be accurate; and (ii) the above warranty does not extend to parts, materials or equipment not manufactured by us. All other all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
14.3 Subject to clause 14.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 14.2;
(b) we are given a reasonable opportunity of examining the defective Goods; and
(c) if we ask you to do so, you return the defective Goods to us at our cost but using such delivery carrier as we may notify to you,
we will, at your option, either replace the defective Goods or refund the price of the defective Goods in full. As we do not manufacture the Goods we sell, we are not ourselves able to repair them in the event of a defect.
14.4 We will not be liable for breach of the warranty set out in clause 14.2 if:
(a) you make any further use of the defective Goods after giving notice to us under clause 14.3;
(b) you alter or repair the Goods without our written consent;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
(d) the defect arises from use, misuse, neglect, operation, treatment, tampering, adjustment or installation that in each case has not been carried out in accordance with the manufacturer’s instruction or by persons authorized to carry out any installation, alterations or repairs;
(e) the defect arises from accidents, fire, liquids, chemicals or other substances, flooding, vibrations, excessive heat, improper ventilation, power surges, excess or incorrect supply or input voltage, radiation, electrostatic discharges including lightning, other external forces and impacts;
(f) the defect is caused by ancillary equipment attached to or used in connection with the Goods not recommended by the manufacturer; or
(g) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
14.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 14.2 to the extent set out in this clause 14.
14.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
14.7 These Terms also apply to any replacement Goods supplied by us to you.
|
This clause contains limits on our liability to you. Please read this clause carefully to ensure you understand these limits. |
15.1 References to liability in this clause 15 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
15.2 We only supply the Goods for internal use by your business. We will not be liable to any third party to whom you may sell or otherwise transfer the Goods.
15.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
15.4 Subject to clause 15.3, we will under no circumstances be liable to you for any loss of profits, sales, business, or revenue, any loss of business opportunity, any loss of anticipated savings;, any loss of goodwill or any indirect or consequential loss.
15.5 Subject to clause 15.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price paid by you for the Goods that have given rise to the relevant loss.
15.6 We accept no liability if you use any Goods for a purpose for which they are not advertised on our website, being products for use with fire safety and smoke venting systems, or if the description of any Goods and/or any certification of use of any Goods (whether on our website or otherwise) that has been provided to us by the manufacturer of such Goods is incorrect through no fault of our own.
15.7 Where you have requested Build to Order Goods, you indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from our use of such specification.
15.8 Subject to clause 15.3, we will have no liability to you if the Goods have not been installed by an appropriately qualified and competent installer.
16. Returns and Refunds
16.1 Please see our Returns Policy on our website (available here) for details of how Goods may be returned.
16.2 Please note that we do not accept returns of certain Goods, including Build to Order Goods, Goods that have been used, or where the request to return the Goods is received by us later than 14 days after the date of delivery of the relevant order.
17.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you fail to pay any amount due under the Contract on the due date for payment;
(b) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(c) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
17.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
17.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). Such events might include, but are not limited to, pandemics, wars, strikes, regulations imposed by government preventing certain actions, import or export regulations or embargoes, or delays faced by the manufacturer of any Goods.
18.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please email us at support@inbuilduk.com quoting your order reference and any other relevant information. If you opt to cancel, you will return any relevant Goods you have already received and we will, subject to clauses 4.5 and 5, refund the price you have paid, including any standard rate delivery charges.
18.4 We reserve the right, by giving written notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in our costs which is due to any factor beyond our reasonable control.
19. Data protection
19.1 We adhere to all relevant UK data protection laws.
19.2 As our products are only available to businesses, it is not anticipated that any significant personal data should need to be provided to us in connection with your order. However, any personal data that may be provided will be handled in accordance with our privacy policy, available here: [include link].
20.1 When we refer to "in writing" in these Terms, this includes email.
20.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
20.3 A notice is deemed to have been received:
(a) if delivered by hand, at the time the notice has been signed for at the proper address;
(b) if sent by recorded delivery service, at 9.00 am on the first working day after the delivery date recorded by the delivery service; or
(c) if sent by email, at 9.00 am the next working day after transmission.
20.4 In proving the service of any notice, it will be sufficient to prove:
(a) in the case of a letter, that such letter was signed for (if delivered by hand) or that delivery has been recorded by a recorded delivery service; or
(b) in the case of an email, that such email was sent to the specified email address of the addressee.
20.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21.1 Assignment and transfer. We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
21.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives). These Terms may be changed by us from time to time. The Terms that apply to the Contract will be the Terms on our website as at the date on which the Contract is made.
21.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
21.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
The Contract is governed by English law. Each party irrevocably agrees to submit the resolution of all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
[1] Is the commercial risk of non-payment re defective goods (ie a refund through the back door) accepted?