Please read all these terms and conditions.
As we can accept your order and make a legally enforceable
agreement without further reference to you, you must read these terms and
conditions to make sure that they contain all that you want and nothing that
you are not happy with. If you are not sure about anything, just phone us on
Terms and Conditions will apply to the purchase of the goods by you (the Customer
or you) Towns Plumbing & Heating Supplies Ltd of Units 4 & 5
Orchard Business Centre, Sanderson Way. Tonbridge, Kent , TN9 1QG with email
address firstname.lastname@example.org; telephone number 01732 350911 ; fax number
01732 351991 (the Supplier or us or we).
are the Terms on which we sell all Goods to you. By ordering any of the Goods,
you agree to be bound by these Terms and Conditions.
means an individual acting for purposes which are wholly or mainly outside his
or her trade, business, craft or profession;
means the legally-binding agreement between you and us for the sale and
purchase of the Goods;
Location means the Supplier’s premises or other location where the Goods
are to be supplied, as set out in the Order;
means any goods that we supply to you, of the number and description as set out
in the Order;
means the Customer’s order for the Goods from the Supplier as set out overleaf
description of the Goods is as set out in our website, catalogues, brochures or
other form of advertisement. Any description is for illustrative purposes only
and there may be small discrepancies in colour or size.
the case of Goods made to your special requirements, it is your responsibility
to ensure that any information you provide is accurate.
Basis of Sale
description of the Goods in our website, catalogues, brochures or other form of
advertisement does not constitute a contractual offer to sell the Goods.
an Order has been made, we can reject it for any reason, although we will try
to tell you the reason without delay.
Contract will be formed for the Goods ordered, only upon or if earlier, the
Supplier’s delivery of the Goods to the Customer.
quotation is valid for a maximum period of 30 days from its date, unless we
expressly withdraw it at an earlier time.
variation of the Contract, whether about description of the Goods, price or
otherwise, can be made after it has been entered into unless the variation is
agreed by the Customer and the Supplier in writing.
intend that these Terms and Conditions apply only to a Contract entered into by
you as a Consumer where we, the Supplier and you the Customer, enter the
Contract at any of the Supplier’s business premises, and where the Contract is
not a contract (i) for which an offer was made by the Customer in the
Supplier’s and the Customer’s simultaneous physical presence away from those
premises, or (ii) made immediately after the Customer was personally and
individually addressed in the Supplier’s and the Customer’s simultaneous physical
presence away from those premises. If this is not the case, you must tell us,
so that we can provide you with a different contract with terms which are more
appropriate to you and which might, in some way, be better for you, eg by
giving cancellation rights pursuant to consumer protection law. Business
premises means immovable retail premises where we carry on business on a
permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
price of the Goods and any additional delivery or other charges for the Goods,
and the total price of them and the charges, is that set out in our price list
current at the date we accepted the Order or such other price as we may agree
and charges include VAT at the rate applicable at the time of the Order.
for Goods must be made at least 1 day in advance of delivery. You must pay in
cash or by submitting your credit or debit card details with your Order and we
can take payment immediately or otherwise before delivery of the Goods.
will deliver the Goods to the Delivery Location by the time or within the
period agreed, or failing any agreement, without undue delay and, in any event,
not more than 30 days after the day on which the Contract is entered into.
any case, regardless of events beyond our control, if we do not deliver the
Goods on time, you can (in addition to any other remedies) treat the Contract
at an end if:
- we have refused to
deliver the Goods, or if delivery on time is essential taking into account all
the relevant circumstances at the time the Contract was made, or if you told us
before the Contract was made that delivery on time was essential; or
- after we have
failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period.
you treat the Contract at an end, we will (in addition to other remedies)
promptly return all payments made under the Contract.
you were entitled to treat the Contract at an end, but do not do so, you are
not prevented from cancelling the Order for any Goods or rejecting Goods that
have been delivered and, if you do this, we will (in addition to other
remedies) without delay return all payments made under the Contract for any
such cancelled or rejected Goods. If the Goods have been delivered, you must
return them or allow us to collect them from you and we will pay the costs of
any Goods form a commercial unit (a unit is a commercial unit if division of
the unit would materially impair the value of the goods or the character of the
unit) you cannot cancel or reject the Order for some of those Goods without
also cancelling or rejecting the Order for the rest of them.
do not generally deliver to addresses outside England and Wales, Scotland,
Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept
an Order for delivery outside that area, you may need to pay import duties or
other taxes, as we will not pay them.
agree we may deliver the Goods in instalments if we suffer a shortage of stock
or other genuine and fair reason, subject to the above provisions and provided
you are not liable for extra charges.
you or your nominee fail, through no fault of ours, to take delivery of the
Goods at the Delivery Location, we may charge the reasonable costs of storing
and redelivering them.
Goods will become your responsibility from the completion of delivery or
Customer collection. You must, if reasonably practicable, examine the Goods
before accepting them.
Risk and Title
of damage to, or loss of, the Goods will pass to you when the Goods are
delivered to you.
do not own the Goods until we have received payment in full. If full payment is
overdue or a step occurs towards your bankruptcy, we can choose, by notice to
cancel any delivery and end any right to use the Goods still owned by you, in
which case you must return them or allow us to collect them.
Withdrawal and cancellation
can withdraw the Order by telling us before the Contract is made, if you simply
wish to change your mind and without giving us a reason, and without incurring
can cancel the Contract except for any Goods which are made to your special
requirements by telling us no later than 14 days after the Contract was made,
if you simply wish to change your mind and without giving us a reason, and
without liability, except in that case, you must return to any of our business
premises the Goods in undamaged condition at your expense. Then we will without
delay refund to you the price for those Goods, but we can retain any separate
delivery charge. This does not affect your rights when the reason for the
cancellation is any defective Goods.
have a legal duty to supply the Goods in conformity with the Contract, and will
not have conformed if it does not meet the following obligation.
delivery, the Goods will:
- be of satisfactory
- be reasonably fit
for any particular purpose for which you buy the Goods which, before the
Contract is made, you made known to us (unless you do not actually rely, or it
is unreasonable for you to rely, on our skill and judgment) and be fit for any
purpose held out by us or set out in the Contract; and
- conform to their
is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
the event of any failure by a party because of something beyond its reasonable
- the party will
advise the other party as soon as reasonably practicable; and
- the party’s
obligations will be suspended so far as is reasonable, provided that that party
will act reasonably, and the party will not be liable for any failure which it
could not reasonably avoid, but this will not affect the Customer’s above
rights relating to delivery and the right to cancel below.
privacy is critical to us. We respect your privacy and comply with the General
Data Protection Regulation with regard to your personal information.
Terms and Conditions should be read alongside, and are in addition to our
the purposes of these Terms and Conditions:
- ‘Data Protection
Laws’ means any applicable law relating to the processing of Personal Data,
including, but not limited to the Directive 95/46/EC (Data Protection
Directive) or the GDPR.
- ‘GDPR’ means the
General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’,
‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
are a Data Controller of the Personal Data we Process in providing the Goods to
you supply Personal Data to us so we can provide Goods to you, and we Process
that Personal Data in the course of providing the Goods to you, we will comply
with our obligations imposed by the Data Protection Laws:
- before or at the
time of collecting Personal Data, we will identify the purposes for which
information is being collected;
- we will only
Process Personal Data for the purposes identified;
- we will respect
your rights in relation to your Personal Data; and
- we will implement
technical and organisational measures to ensure your Personal Data is secure.
any enquiries or complaints regarding data privacy, you can contact sales
manager at the following e-mail address: email@example.com.
Supplier does not exclude liability for: (i) any fraudulent act or omission; or
(ii) for death or personal injury caused by negligence or breach of the
Supplier’s other legal obligations. Subject to this, the Supplier is not liable
for(i) loss which was not reasonably foreseeable to both parties at the time
when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s
business, trade, craft or profession which would not be suffered by a Consumer
because the Supplier believes the Customer is not buying the Goods wholly or
mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
Contract (including any non-contractual matters) is governed by the law of
England and Wales.
can be submitted to the jurisdiction of the courts of England and Wales or,
where the Customer lives in Scotland or Northern Ireland, in the courts of
respectively Scotland or Northern Ireland.
try to avoid any dispute, so we deal with complaints as follows: If a dispute
occurs customers should contact us directly. We will aim to respond with an
appropriate solution within 5 days