Consumer Terms of Business

OUR TERMS FOR CONSUMERS

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Turnbull and Company Limited a company registered in England and Wales. Our company registration number is 00536685 and our registered office is at 95 Southgate, Sleaford, Lincolnshire, NG34 7RQ. Our registered VAT number is GB450026004.

2.2 How to contact us. You can contact us by telephoning our customer service team at 01529 308839, attending one of our branches or by writing to us at customer.service@turnbullsonline.co.uk.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 Placing an order. You may place an order on our site (by following the on-screen prompts) or by making contact with us either by telephone or by attending at any of our branches in person. Each placement of an order is an offer by you to purchase those products listed in your order, and shall only be accepted by us in accordance with the remaining provisions of this clause 3.

3.2 Order Acknowledgement & Acceptance – Website & Telephone. After you place an order on our website, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order is accepted. Your order is only accepted as further detailed below. Similarly, where you place an order over the telephone, we will place the order on our website for you, and you will receive the email acknowledgement as set out above. In each case, our acceptance of your order will take place when we email you to accept it (known as a “Dispatch Confirmation”), at which point a contract will come into existence between you and us. In certain circumstances (for example where we must source the products in your order from different suppliers), we may issue separate Dispatch Confirmations for different products; in that case, we will have separate contracts with you for those orders covered by each separate Dispatch Confirmation.

3.3 Orders placed in branch. Where you place an order in one of our branches, the trader with whom you place the order will accept the order on our behalf. You will be given an opportunity prior to this acceptance to check the product(s) included in your order. A contract will come into existence between you and us when our trader accepts your order.

3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will refund any charges made to you. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or for other reasons.

3.5 Your order number. We will assign an order number to your order and tell you what it is during the order process. It will help us if you can tell us the order number whenever you contact us about your order. This does not apply to orders placed by attending one of our branches.

3.6 We only sell to the UK. Our website is primarily for the promotion of our products in the UK. We will only accept orders from, or deliver to, addresses outside the UK where you have contacted us prior to placing the order to agree logistics and delivery costs. Additional restrictions apply to deliveries to Northern Ireland, Scottish Islands, Channel Islands, Isle of Scilly, Isle of Wight and/or Isle of Man – please contact us before placing an order for delivery to any of those locations for details of the delivery conditions/restrictions/charges.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website and other materials are for illustrative purposes only. Although we have made every effort to display the colours and appearance accurately, we cannot guarantee that a device's (or other materials’) display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Batch variations. Many of our products (for example, paving slabs) are produced in batches. There may be minor differences in colour and appearance between different batches of the same product, which is entirely outside our control. This will also apply where we offer replacement products in accordance with clause 11.

4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website or other materials.

4.4 Making sure your products are suitable and measurements are accurate. Whilst our website includes (and our branch staff may provide) generic advice as to measurement methods to calculate the products you require and/or guidance on typical uses for which certain products may be used, it is your responsibility to ensure the suitability and correct measurement of any products that you order for the purpose(s) for which you intend to use them.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, then the changes will not be accepted and our contract will remain unaltered. Depending upon the circumstances, you may be entitled to end the contract in accordance with clause 8.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements, for example to address a quality issue.

7. PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website or advised to you at the time of placing your order (whether by telephone or in our branch).

7.2 When we will provide the products (Online Orders excluding Click & Collect Orders). During the order process we will provide you with an estimated delivery date for your products (“Estimated Delivery Date”). Unless we agree otherwise with you, this will usually be within 30 days of acceptance of your order. The Estimated Delivery Date is not a fixed or guaranteed date on which we will deliver the products. We will contact you again thereafter (once we receive confirmation from our suppliers for any non-stock items, or from our couriers) to fix a delivery date (“Delivery Date”). Unless you have selected an enhanced delivery method (in which case our website will provide further details), then:

7.2.1 this date may be between Monday and Friday; and

7.2.2 delivery may take place at any time between 8AM and 8PM, and we are unable to specify or agree a particular delivery time with you.

7.3 When we will provide the products (Telephone or In-branch Orders). We will provide you with our expected delivery date (“Delivery Date”) either (i) during the order process in relation to stock products, and (ii) by contacting you subsequently (after consultation with our supplier(s)) in relation to non-stock products. Unless you have selected an enhanced delivery method (in which case our trader will provide further details), then:

7.3.1 this date may be between Monday and Friday; and

7.3.2 delivery may take place at any time between 8AM and 8PM, and we are unable to specify or agree a particular delivery time with you.

7.4 When we will provide the products (Click & Collect Orders). When you place your Order, you will select a branch and date from and on which to collect your product(s). You are obliged to collect the products within 3 Business Days commencing on the date which you selected, failing which clause 10.1.3 will apply.

7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay beyond the respective Delivery Date (or, where applicable, availability for collection of a Click & Collect Order), you may contact us to end the contract and receive a refund for any products you have paid for but not received. This will be our sole and exclusive liability to you for such delay.

7.6 If no-one is present when the product is delivered. If no one is available at the delivery address to sign for the products and take delivery (and you have not instructed us to leave the products in a particular location), or where clause 7.8 applies, then we will be unable to complete our delivery. Our delivery contractor will return the products to the appropriate depot and leave a note for you to contact us to arrange re-delivery. You will be responsible for any additional costs which we incur (such as administration fees, re-stocking fees and any other fees, costs or charges) as a result of the failure to deliver. We may require you to make payment of those costs, plus any re-delivery costs set out in clause 7.7 below, prior to us making any further attempt to deliver the products. Where you ask us to leave the products in a particular location in your absence, then you are responsible for any loss of or damage to the products arising after delivery, and we reserve the right to take photographs of the delivered products and the surrounding area as evidence of such delivery.

7.7 You must re-arrange delivery with us. If after a failed delivery to you, you do not re-arrange delivery promptly we will contact you for further discussion and to coordinate re-delivery with you & our delivery contractor. We may (at our discretion) charge you for storage costs we incur in the meantime, and will charge you any further delivery and related costs that we incur in order to perform the re-delivery. If, despite our reasonable efforts, we are unable to re-arrange delivery (or if you do not pay the costs due under clauses 7.6 and 7.7 upon request) we may end the contract in accordance with clause 10.

7.8 Delivery vehicles. Our deliveries are typically made by 42 tonne articulated lorries. It is important that you ensure that the delivery location specified in your order is appropriate for such a vehicle to access, as if our delivery contractor is unable to deliver due to the inability to get such a vehicle to your specified delivery location, this will be treated in accordance with clauses 7.6 and 7.7 above. Where expressly noted in your order that you would prefer a smaller vehicle then we will use reasonable endeavours to comply with this request, but we may be unable to do so (for example due to vehicle availability or the nature of your products); it will therefore remain your responsibility to ensure that the larger vehicle can access the delivery location.

7.9 Delivery point. As standard, our delivery contractor will unload the products at kerbside. If you ask our delivery contractor to deliver to a different part of the delivery location (for example to the back of a house, a driveway or otherwise) then it will be entirely at the delivery contractor’s discretion whether or not to comply with your request. In any event, you will be responsible for, and shall have no claim against us or the delivery contractor in relation to, any property damaged as a result of complying or attempting to comply with your request.

7.10 Signature of delivery note & initial inspection for damage or defect. You should inspect the products upon delivery (or collection in the case of Click & Collect Orders) to the extent reasonably possible. You should record any damage or defect so identified on the delivery note prior to signing it (or by informing the trader from whom you collect the product in the case of a Click & Collect Order. Where applicable, our delivery contractor may pass this delivery note to us to make contact with you regarding the damage or defect. If you do not record damage or a defect (which would have been reasonably possible to identify by such inspection) on the delivery note or report it to our trader upon collection, but subsequently claim that such damage or defect was present upon delivery/collection, we will require you to evidence that this is the case and that the damage or defect was not caused by you or a third party after delivery/collection. Please also (in each case) promptly notify any defects or damage to us at customer.service@turnbullsonline.co.uk, to ensure that we are made aware of the issue (in case our delivery contractor neglects to pass us the delivery note).

7.11 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us, or when you collect it (in the case of Click & Collect Orders).

7.12 When you own products. You own a product only once we have received payment in full for it.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You may be entitled to end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1 If what you have bought is faulty or misdescribed, then you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or

8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. You may also be entitled to compensation in some circumstances. The reasons are:

8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (other than as set out in clause 6.1);

8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

8.2.5 you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within the period of 14 days after the date of delivery/collection and receive a refund. Where products under the same contract (please note clause 3.3 in this respect) are delivered in several instalments, the 14 day period will not commence until the day after the final instalment is delivered. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

8.4.1 products which are produced or altered to your specifications (for example, timber prepared to your specification); and

8.4.2 any products which become mixed inseparably with other items after their delivery (including by the application of paint, varnish or other substances).

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1 Email. Email us at customer.service@turnbullsonline.co.uk. Please provide your name, delivery address, details of the order and, where available, your phone number and email address.

9.1.2 Online. Complete the form at https://www.turnbullsonline.co.uk/customer-service/order-cancellation/ on our website.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have collected/received them, you must return them to us. You must either arrange for your own contractor to return the products to us (at your cost) or allow us to collect them from you. Please email us at customer.service@turnbullsonline.co.uk to arrange return or collection.

9.3 When we will pay the costs of return. We will pay the costs of collecting the products from you (but not the costs of your own contractor if you choose not to allow us to collect) if:

9.3.1 the products are faulty or misdescribed; or

9.3.2 you are ending the contract in accordance with clause 8.2.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of such collection/return.

9.4 What we charge for collection. If you are responsible for the costs of collection/return and we are collecting the product from you, we will charge you the direct cost(s) incurred by us as a result of such collection.

9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by you or any third party handling them in a way which would not be permitted in a shop, or failing to take adequate care to protect them from damage or deterioration. If we refund you the price paid before we are able to inspect the products and later discover that a reduction should have been made under this clause 9.6.1, you must pay us an appropriate amount to reflect the reduction which we were entitled to make.

9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered more speedily at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.7 When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then we will endeavour to make your refund within 14 days of you telling us that you have changed your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 1 working day of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or, in the case of a Click & Collect Order, you do not collect the products within the period set out in clause 7.4; or

10.1.4 you commit any other serious breach of this contract.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us by email at customer.service@turnbullsonline.co.uk. Alternatively, please speak to one of our staff in a branch.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your products are faulty, then you can get an immediate refund.

b) Up to six months: if your products are faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years*: if your products do not last a reasonable length of time you may be entitled to some money back, depending upon the circumstances.

* Please note that many of our products are not designed to last for six years, in which case this period will be shortened to a reasonable length of time for that product.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection (subject to clause 11.4 below). Please email us at customer.service@turnbullsonline.co.uk to arrange collection.

11.4 False allegation of faulty products. Where, following collection of products under clause 11.3, we determine that the products were not in fact faulty or that the faults were caused by your improper use or handling of the products, then:

11.4.1 we will be entitled to charge you for the costs we incurred in collecting the products from you; and

11.4.2 you will compensate us for any other costs and expenses which we incur as a result thereof.

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order via our website, or notified to you where you place your order in branch or over the telephone. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, we will usually contact you for your instructions before we accept your order. If we accept and process your order where a pricing error subsequently comes to our attention, we may end the contract, refund you any sums you have paid and require you to allow collection of any products provided to you (at our cost).

12.4 When you must pay and how you must pay. We accept payment with Visa (excluding Visa Electron), Mastercard, Maestro or cash (in-branch orders only, and subject to any regulatory limits on cash payments). We will add Paypal to this list in due course. We will take payment at the point of you placing your order, notwithstanding that the contract may not come into force until after that point in accordance with clause 3.

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice or request for payment is wrong. If you think an invoice is wrong please contact us promptly to let us know.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.

13.3 Limitation on our liability. Except for those types of liability set out in clause 13.2 above, our maximum aggregate liability to you of any nature (including negligence) will be the price that you have paid to us under the relevant contract.

13.4 We are not liable for business losses. We only supply the products to consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you in relation thereto, including without limitation for any loss of profit, loss of business, business interruption, or loss of business opportunity. You will also compensate us for any liability that we incur to any other person(s) as a result of your use of the products for any commercial, business or re-sale purpose.

14. HOW WE MAY USE YOUR PERSONAL DATA

How we may use your personal data. We will only use your personal data as set out in our Privacy Policy at https://www.turnbullsonline.co.uk/customer-service/privacy-policy/.

15. OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

27th July 2018