TERMS AND CONDITIONS

Buxtons Limited (www.buxtons.net) Terms and Conditions for Use and Sales

Last updated: 2nd August 2019

1. Our website

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Buxtons Limited, located at Coppice House, Penkridge, Teddesley, West Midlands, United Kingdom (we, us), concerning your access to and use of the Buxtons website (https://buxtons.net) website as well as any related applications (the Site).

1.2 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.3 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.4 Our site is directed to people residing in the United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.5 The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

2. Customer Information

2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

2.2 You are responsible for maintaining your username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to any third parties.

2.3 As a customer, you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.

3. Privacy

Buxtons Limited takes customers privacy seriously. We comply with the General Data Protection Regulation (EU) 2016/679 (GDPR). For further details, please see our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

4. Product Pricing and Title

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found, we reserve the right to either cancel your order, contact you to arrange any additional payment due or refund any over-payment (as applicable). The processing of an order can be cancelled or corrected by us at any time up to its shipment.

4.2 We reserve the right to alter all & any product information or pricing without notice.

4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment made into our bank account, and your order has been shipped

4.4 Descriptions whilst given as a guide, in good faith, are subject to alteration by the seller without notice. In particular, all weights, images and dimensions are approximate only. These may vary in accordance with the manufacturer’s stipulation and may be subject to change.

4.5 As per VAT notice 701/23 selective items of protective equipment are zero-rated for personal use. For example, protective boots and helmets. These items are clearly indicated on the product pages and checkout process. If these items are being supplied to persons for use by their employees, they are subject to the usual VAT.

5. Your Order

5.1 When you place an order, you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.

5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.

5.4 We reserve the right to delay or refuse orders where a transaction contains invalid or incomplete details, or where fraud is suspected.

5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

5.6 Any products which are specially ordered or manufactured to customers specifications are subject to a 25% restocking fee upon return, unless faulty. These items will be clearly marked on the products pages and in the checkout process.

6. Finance

6.1 Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay Later
  • Pay in 3

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

6.2 Buxtons Limited is acting as a credit broker offering finance products from Omni Capital Retail Finance Limited. Buxtons is authorised and regulated by the Financial Conduct Authority, registration number 01917849.  Credit is subject to status.

7. Shipping and Customs Duty

7.1 All orders received by us are shipped subject to availability.

7.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. If you are not happy to wait for the items to arrive, you can request a cancellation of the order for a full refund.

7.3 Non stocked items are subject to manufactured lead times, these are indicated on the product pages and checkout. If your order includes non-stocked items, this will affect your entire orders shipment date. You have the option to split the order into two instalments; however, this may incur an additional shipping charge. If we expect to overrun a product lead time, you will be contacted to discuss options.

7.4 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs, you may be offered delivery via an alternative courier or a full refund.

7.5 If you are ordering a product from outside the UK, the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore, your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.

7.6 International shipping charges are a guide only. We may contact you for additional payment where required.

7.7 Some items we stock are classed as 'oversized items', if you are ordering a large item, there may be an additional carriage charge. We will contact you and confirm that you are happy with the charge before we apply it and send the order out.

7.8 Shipping to Scottish Highlands, Ireland and UK Islands may be subject to additional delivery charges.

7.9 Collections from our showroom are subject to opening hours.

7.10 If you have any questions about charges, availability or delivery procedures, you can contact us via email or telephone on 01785 712397.

7.11 Buxtons Limited will not be responsible for damage or loss of goods (or part thereof), or any discrepancy between the goods delivered and the goods ordered, unless the customer gives written or email notice of a claim to Buxtons Limited within two working days of delivery or expected delivery.

7.13 A valid signature may be required on collection or delivery. If no one is available at the address/location provided, we can rearrange the delivery, or you can collect it from your local depot. However, during the ordering process, you may leave any delivery notes or instructions. We are not liable for loss or damage to redirected locations.

7.12 In the event of 6.10, the customer must hold the goods and make them available for inspection or collection by Buxtons Limited, or it's representatives on request.

7.14 If we are unable to deliver your order, we will attempt redelivery twice, after that we will charge an additional shipping charge. If we have not received the additional shipping payment within five working days, we reserve the right to cancel the order and provide a refund subject to the return policy.

8. Cancellation Rights, Returns and Refunds

8.1 Under the Consumer Protection (Distance Selling) Regulations 2000, you have a right to cancel your purchase. However, to exercise this right, you must notify us in writing (email or letter) within our extended 30-day window.

8.2 As stated above, notification of cancellation must be in writing; a telephone call is not a valid cancellation.

8.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once used unless it is defective and you are returning it for this reason.

8.4 Once goods that are sealed or shrink-wrapped are opened, they can only be returned if they are defective.

8.5 No right of cancellation exists for goods that are personalised, intimate in their nature, or where there may be hygiene issues, unless defective.

8.6 Please observe the following procedure for all returns to us:

  • You must fully complete our return form provided, if you misplace this form you can download it on our website or call us for more details.
  • If you are returning your product because it is defective, please state the defect or defects.
  • Repackage the product in its original packaging, including any accessories, manuals, guarantees or warranties that came with the product. Unfortunately, we will be unable to issue a refund where the product is in an incomplete state.

8.7 If the original packaging surrounding the product has been damaged or destroyed, we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed, you should ensure that the returned product is adequately packed for shipment back to us.

8.8 You are responsible for paying any postage or shipping costs incurred when returning the product that is not defective. If the return charge will exceed a charge of £10, you must contact us to arrange a collection.

8.9 We recommend that all returns be sent by registered post so that a record of the return is available for you.

8.10 We will not issue refunds for any items lost or stolen in transit to us.

8.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.

7.13 A valid signature may be required on collection or delivery. If no one is available at the address/location provided, we can rearrange the delivery, or you can collect it from your local depot. However, during the ordering process, you may leave any delivery notes or instructions. We are not liable for loss or damage to redirected locations.

8.13 Unused products may be returned promptly by customers to the address listed below:

Buxtons Limited
Coppice House
Teddesley
Penkridge
Staffordshire
ST19 5RP, United Kingdom

8.14 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.

8.15 Refunds will be arranged once we received the items in a satisfactory condition. Returns can take up to five working days. Payment processing time will vary on the bank.

8.16 We work with manufacturers to provide warranty service where appropriate. Lead times and terms vary between manufacturers. Please refer to the owners manual or manufacturers website for more details.

8.17 As a general guide warranty does not cover; improper use, damage caused by negligence, theft or loss ect.

8.18 Should you need to make a warranty claim, please contact us;

9. Customer Complaints

We endeavor to conclude all customer complaints investigations within 28 working days. Unless an alternative time scale has been agreed with you. A customer complaint form is available on our website. Please see our customer complaint policy for further details.

10. Faulty Products

Where a Customer experiences a fault with a product, it can be returned to Buxtons Limited, subject to our returns policy and the guidance given above.

11. Events outside our control

Buxtons Limited shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, ‘acts of God’, war, civil disorder or industrial dispute.

12. Licence

12.1 Buxtons Limited grants you a licence to access the content, information and services contained within our website for your own reference.

12.1.1 If you are a consumer, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

12.2 This licence allows you to download and cache (using your browser) individual pages from our website.

12.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial portion of it is hosted locally on the intranet in question.

12.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

12.5 Our website cannot be placed within the frame-set of another site.

12.6 Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

12.7 The restriction on "deep linking" does not apply to affiliate partners who wish to send customers directly to a particular page or product to increase their affiliate sales.

13. Copyright

13.1 All content, databases, graphics, buttons, icons, logos, layouts, and look & feel are the copyright of Buxtons Limited unless expressly acknowledged as otherwise.

13.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

14. Acceptable Use

14.1 Our full Acceptable Use Policy https://buxtons.net/acceptable-use-policy, sets out all the permitted uses and prohibited uses of this site.

14.2  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

14.3  As a user of this Site, you agree not to:

  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences
  • Use the Site to advertise or sell goods and services
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users, especially in an attempt to learn sensitive account information such as user passwords
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
  • Attempt to impersonate another user or person, or use the username of another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the Site in order to harass, abuse, or harm another person
  • Attempt to access any portions of the Site that you are restricted from accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
  • Falsely implying a relationship with us or another company with whom you do not have a relationship

15. Reasonably Foreseeable Losses

15.1 Buxtons Limited will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.

15.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.

15.3 Buxtons Limited does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.

16. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid, it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

17. Waiver

Failure by Buxtons Limited to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

18. Entire Terms & Conditions

These Terms & Conditions set out the entire agreement and understanding between you and Buxtons Limited. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.

19. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Your statutory rights are unaffected.

Our contact details are as follows:

Buxtons Limited
Coppice House
Teddesley
Penkridge
Staffordshire
ST19 5RP

Email: [email protected]

Telephone
From within the UK: 01785 712 397
International: +44 1785 712 397

Company registration number: 019 178 49
VAT registration number: 421 013 816