Terms & Conditions

1 Definition

1.1 The “company”, “we” or “us” means Brickhunter Ltd (Company No: 5245209) of Unit 3, Slated House Farm, Stonehill, Hatfield Woodhouse, Doncaster, South Yorkshire, England DN7 6NJ.

1.2 The “customer” or “you” means the individual or company who purchases goods from the company.

1.3 “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

2 Application of terms

2.1 These terms apply to all sales of goods and/or services by us to the exclusion of all other terms (including any which you purport to apply) unless expressly agreed in writing in advance by one of our Directors.

2.2 Each order or acceptance of a quotation for goods and/or services by you shall be deemed to be an offer by you to buy goods and/or services subject to these terms. No order or acceptance of a quotation by you shall be deemed to be accepted by us until written confirmation of order is issued by us or (if earlier) we begin to process your order. We shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).

2.3 Without prejudice to your rights if you are a Consumer (see clause 7), any typographical error or clerical omission in any sales literature, quotation, price list or other document issued by us may be corrected without liability on our part.

3 Supply of products

3.1 You acknowledge that except where you are a Consumer you have not relied on any statement, advice or representation made or given on our behalf including without limitation as to the suitability of any goods for a particular purpose. All customers are responsible for calculating the quantities of goods required (except where our estimating service is used), taking into account the fact that it is industry standard to allow a 5% tolerance to account for breakages and natural size variation. Any plan or measurement given by us is given for guidance only (based on your information) and without liability on our part. No allowance is made by us for additional materials, wastage or installation.

3.2 When you need to match new bricks to existing brickwork, we advise you to request a sample before placing an order. This is because whilst we always endeavour to display images of goods that accurately represent the goods, we cannot guarantee that accuracy due to differing light levels when the photos were taken and variations in monitor settings. Whilst every effort is made to exactly match bricks, we cannot guarantee a perfect match.

4 Price and payment

4.1 The price of the goods provided on our quotation and invoice will either be a price including delivery, or the delivery charge will be listed separately.

4.2 The price of delivery for the goods is for delivery to the exact postcode provided to us by you. As such, the quoted price is only valid for delivery to that postcode. If you require the delivery address to be changed after placing an order an additional charge may be made

4.3 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

4.4 Prices are inclusive of VAT unless otherwise stated.

4.5 We reserve the right to increase our prices to reflect any increase in the price of the goods charged by our suppliers in the period between the date of your order and our receipt of the goods from our supplier.

4.6 Where you have chosen to use our Brick Matching service, samples will be provided without further charge, as part of that service. Otherwise, we may make a nominal charge for each sample provided, as requested by you. We will confirm the current charge for samples upon request.

5 Availability

5.1 While we endeavour to only allow products to be sold when we have the level of stock available to meet your order, we reserve the right to cancel the contract between us if we subsequently find that we have insufficient stock to deliver the goods you have ordered or, with your agreement, to reduce the order quantity. In such cases we will inform you and refund the price paid for the cancelled order, or to reflect the reduction in order quantity, as soon as possible and in any case within 14 days. In the case of an account customer, we may instead raise a credit note, to be offset against your account balance, where applicable.

6 Delivery

6.1 We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days thereof. In the unlikely event that we are unable to make the goods available to you within 30 days of the stated delivery time, we will contact you to inform you. You will have the choice of agreeing a revised delivery date or cancelling the order and receiving a full refund.

6.2 Deliveries will be made to the address stated on the order.

6.3 You, or somebody appointed by you, should be at the delivery point to accept the delivery.

6.4 Delivery vehicles have a short time window for unloading the goods at the delivery point. If unloading is delayed beyond the applicable window, the delivery may be aborted.

6.5 Access to the delivery point must be via a made-up road over which a large delivery vehicle can pass without sustaining or causing damage of any kind. It is your responsibility to let us know if there are any access difficulties, including but not limited to, low bridges, narrow single lanes, weight limit roads, steep driveways or hills within the vicinity of the delivery address, which could reasonably be expected to restrict access.

6.6 Where there are stopping, parking or unloading restrictions at the delivery point, it is your responsibility to ensure that the necessary permissions have been obtained to allow the delivery vehicle to park and unload goods.

6.7 A hard, flat and level surface is required for unloading goods and it is your responsibility to ensure this is available at the delivery point.

6.8 Only a delivery to the kerbside can be guaranteed and you are responsible for moving the goods from the kerbside.

6.9 If a customer gives permission for any vehicle to leave the public highway and enter private property, then the customer accepts liability for any damages caused to that property, to the delivery vehicle or to any other vehicles within the curtilage of that private property.

6.10 We reserve the right to make an additional charge where:

• the delivery vehicle is unable to access, park at and/or unload at, the delivery point;

• you, or somebody appointed by you is not available at the delivery point to accept the goods; and

• you, or somebody appointed by you, redirects a delivery vehicle.

6.11 Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full. Until title in the goods passes from us:

• you shall hold the goods on our behalf and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property; and

• we may require you to deliver up the goods and if you fail to do so promptly, enter any premises (of you or of any third party where they are stored) in order to recover them.

7 Consumer customers

7.1 Where you are a Consumer this clause 7 shall apply (but shall not apply to any other customers) and if this clause 7 conflicts with any other provision of these terms, this clause 7 shall take precedence.

7.2 Nothing in these terms shall affect a Consumer’s statutory rights.

7.3 You can always end your contract with us. Your rights when you 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:

• If what you have bought is faulty or misdescribed you may have a legal right to end the contract and get some or all of your money back.

• If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.4.

• If you have just changed your mind about the goods, see clause 7.5. 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 goods.

7.4 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 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:

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

• there is a risk that supply of the goods may be significantly delayed because of events outside our control; and

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

7.5 For most products bought online you have a legal right to change your mind within 14 days of receipt of the goods and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. You do not have a right to change your mind in respect of goods made to your specifications (for example where they are manufactured or cut to meet your requirements).

• Phone or email. Call customer services on 0330 122 4060 or email us at customerservices@brickhunter.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

• By post. By writing to us at the address shown at the top of these Terms & Conditions, including details of what you bought, when you ordered or received it and your name and address.

7.6 If you end the contract for any reason after goods have been dispatched to you or you have received them, you must allow us to collect the goods from you. Please call customer services on 0330 122 4060 or email us at customerservices@brickhunter.com to arrange collection.

7.7 We will pay the costs of collection if the goods are faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind) you must pay the direct costs of collection and transport back to our supplier.

7.8 We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, if you are exercising your right to change your mind we may reduce your refund (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop, including without limitation ensuring that packaging and bands remain intact.

7.9 If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

7.10 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

7.11 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind.

8 Liability

8.1 If you notify us of a problem with the goods (in the case of a purchase by a business, within 5 working days of delivery), we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. If the goods ordered are facing bricks, then we would only consider the goods as damaged if more than 5% of bricks were damaged or broken.

8.2 We will not be liable to you for any indirect or consequential loss, damage or expenses (including without limitation loss of profits, business or goodwill) in relation to our obligations under this contract and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

8.3 All descriptions and samples of goods are approximate only and are intended to serve as a guide. The company shall not be liable to the customer for their accuracy.

8.4 Nothing in these terms and conditions limits any rights you might have as a Consumer nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

8.5 Goods are intended for use in the UK only and we do not confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

9 Force majeure

We shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control.

10 Law

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law and any dispute shall be subject to the exclusive jurisdiction of the English courts.