Terms & Conditions Relating to Products
1. The term 'Chartered Association of Building Engineers', ‘CABE’, 'us' or 'we' refers to the owner of www.cbuilde.com (the ‘Website’) whose registered office is Lutyens House, Billing Brook Road, Weston Favell, Northampton, Northants, NN3 8NW. Our company is limited by guarantee, registered in London, No. 384 609. The term 'you' refers to the user or viewer of our Website.
2. Application of Terms and Conditions
2.1 These terms and conditions set out the basis on which the user ("you") can use the Website and on which we supply any of the products listed on the Website (the "Products"). Please read them carefully as they contain important information.
2.3 All other terms and conditions, express, implied or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect your statutory rights.
3.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
3.2 Responsibility for the security of any passwords issued rests with you.
4.1 All orders for Products shall be deemed to be an offer by you to purchase Products pursuant to these terms and conditions.
4.2 You place the order for your Products on the Website by pressing the "Confirm" button. You are able to correct errors in your orders up to that stage in the ordering process. You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
4.3 No order submitted by you shall be deemed to be accepted by us unless and until we send you an email confirming the Product has been dispatched (the "Dispatch Confirmation"). Accordingly, the contract between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.
4.4 Should you be in breach of any other contract you have with us, we are entitled to terminate the Contract immediately and without notice; and in such circumstances we will have no obligation to fulfil any existing obligations to you under the Contract.
4.5 Please ensure you keep the Dispatch Confirmation, as you are required to supply us with it in the event you wish to exchange or return any Products you have ordered.
4.6 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.7 We are entitled to refuse any order placed by you and will not be required to provide an explanation.
5. Risk and Title
5.1 The Products ordered shall be at your risk from the time of their delivery to you.
5.2 Ownership of the Products ordered will only pass to you when we receive full payment of all sums due in respect of all the Products at that time ordered by you, including all outstanding delivery charges.
6. Consumer Rights
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our return of products policy (set out in paragraph 10 below).
6.2 To cancel a Contract, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk.
6.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.
7. Price and Payment
7.1 The price of the Products will be in Sterling and as quoted on our site from time to time, except in cases of obvious error. If we discover an error in pricing we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. Where payment has been taken in respect of an order, a refund will be issued in respect of any overpayment made by you.
7.2 We are under no obligation to provide you with a Product at an incorrectly advertised price which is lower than the correct price for the Product, even after we have sent you a Dispatch Confirmation in relation to the Product, if the price is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.
7.3 The price of any Products will exclude VAT (at the prevailing rate) and delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.
7.4 We reserve the right, at any time to increase the price of the Products. Changes in price will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.5 Payment for all Products must be by credit or debit card through a secure payment gateway. We accept payment by Visa, Mastercard and Maestro. Your credit or debit card will not be charged until we dispatch your order and provide you with a Dispatch Confirmation. By placing an order you consent to payment being charged to your credit/debit card account as provided on the order form.
7.6 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer through the SagePay system, which we use to process payments on the Website. If the issuer of your payment card refuses to, or for any reason does not authorise payment to us we will not dispatch the Products you have ordered, nor process your order. We will not be liable for any delay or non-delivery of Products in these circumstances.
8.1 While we make every effort to display the Products that appear on the Website as accurately as possible; the colour and other details of the Products as they appear on the Website may be affected by the computer system and internet browser software you are using. Also variances in manufacturing process may mean that the colour and other details vary. Accordingly, we cannot accept any responsibility for any variation in the colour and other details of the actual Products from their appearance on the Website.
8.2 Should you order a Product which is out of stock, we will inform you within 7 days of your placing your order.
8.3 We reserve the right to substitute a Product of a similar description and standard if a requested Product is not available, but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted Product you shall be entitled to return the Product for a full refund within 10 working days from the date of delivery, should the substituted Product not be acceptable to you.
9.1 The Products will be delivered to you at the address provided by you on the order form. It is your responsibility to ensure that the address details are correct and are suitable for delivery purposes.
9.2 The Dispatch Confirmation issued to you by us in respect of an order will confirm the expected date of delivery of the Products you have ordered, the place of delivery as specified by you and the cost of delivery.
9.3 Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products however caused.
9.4 We deliver worldwide, and will aim to dispatch your Products within 5 working days of your placing your order. Please allow:
9.4.1 7-8 working days from dispatch for delivery to addresses within the United Kingdom;
9.4.2 8-12 working days from dispatch for delivery in Europe (excluding the UK);and
9.4.3 12-18 working days from dispatch for delivery worldwide.
9.5 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.6 Please also note that you must comply with all applicable law and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
9.7 We shall not be liable to you for short delivery of the Products however caused but will provide you with the outstanding Products as soon as is reasonably practical, if short delivery is proved to have been caused by our own omission.
9.8 If we fail to deliver Products you have ordered in the 30 days following the date of issuing you a Dispatch Confirmation, we will inform you that we are unable to complete delivery, and will reimburse you any sums you have paid in respect of your order. Such reimbursement will contribute our entire liability arising out of our inability to supply the Products.
10. Return of Products
10.1 You will inspect the Products you have ordered as soon after delivery as is reasonably practicable and will notify us by email or telephone of any shortages or defects in these Products or any other complaint in respect of them within 10 working days from the date the Products ordered were delivered. You must then send to us the Products you wish to return or exchange within 30 days of the Dispatch Confirmation being issued, along with the Dispatch Confirmation relating to those Products.
10.2 We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we receive your returned Products or the day we confirmed to you via email that you were entitled to a refund.
10.3 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products, including the cost of sending the item to you within the UK. However, you will be responsible for the cost of returning the item to us and the original shipping costs cannot be refunded if you are returning or exchanging Products.
11. Limitation of Liability
11.1 Except where you are dealing as a consumer (as defined in s.12 of the Unfair Contract Terms Act 1977, as amended) we do not give any warranty, guarantee or indemnity as to the quality, fitness for purpose or suitability of the Products.
11.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
11.3 The restriction of liability in clause 11.2 does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.5 Nothing in these terms limits or excludes your statutory rights within the United Kingdom where you deal as a consumer.
12. Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1 Strikes, lock-outs or other industrial action;
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5 Impossibility of the use of public or private telecommunications networks; and
12.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and clause 9.8 shall not apply. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Written Communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on the Website 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Intellectual Property
15.1 The copyright in the material contained in the Website and any trademarks and brands included in that material belongs to us.
15.2 You may download or copy the content and other down-loadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
16. The Website
16.1 The Website includes descriptions of Products sourced from third parties. Whilst we will attempt to ensure that the information available on the Website at any time is accurate, in particular with regards to Product descriptions and prices, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
16.2 All drawings, descriptive matter and specifications of the Products on the Website are for the sole purpose of giving an approximate description of the Products.
16.3 Whilst we shall endeavour to ensure this Website is available 24 hours a day, we cannot accept liability if for any reason it is unavailable at anytime or for any period of time.
16.4 We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability.
16.5 We have placed links on the Website to other websites which you may wish to visit. We do not review or endorse those websites and have no control over their content. Therefore we can accept no liability if you visit those websites.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 Both you and we acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between the parties prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our Right to Vary These Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you use the Website and order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.