Terms and Conditions

01st January 2011. We’ve tried to keep our Terms and Conditions as clear as possible, and give you all the information we can (but not too much) about your online transactions so that you completely understand the whole process, from order to delivery and beyond.  It’s really important to us that your online shopping experience meets expectations, so please spend a few minutes and read on. You will need to accept our T’s & C’s every time you make a purchase – they might change from time to time, so do check the date at the top of the page.

Please note that different terms (including prices, charges for services, availability, delivery times and returns policies) apply to purchases made in one of our stores. In most browser’s you can use “Ctrl P” to print this document.

1. Customer service

2. Our Contract

3. Price & Payment

4. Delivery & Title

5. Cancellation & Returns

6. Liability

7. Termination

8. Force Majeure

9. General

 

1. Customer service

Tel: 01483 522288. Unit 12A, Lansbury estate. Lower Guildford Road. Knaphill. Woking. Surrey. United Kingdom GU21 2EP

 

2. Our Contract

These Terms and Conditions govern the supply of goods sold by D. W. Burns & Partner Ltd 768026 of Roy den House, Triggs Lane, Woking, Surrey, GU21 7PL (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto. All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.

 

3. Price & Payment

The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for delivery as set out on the website. On occasion, the prices payable for goods advertised on our web site may differ from those prices offered in store or our catalogue. We are under no obligation to honour any web site price if there is such a difference.Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price. We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery.

 

4. Delivery & Title

We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days of the stated estimated delivery date. In the unlikely event that we do not make the goods available to you within 30 days of the stated estimated date you will have the option of cancelling your order by notifying us accordingly prior to delivery. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.

For reasons of health and safety and to avoid any property damage, most ‘Big Stuff’ items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.

You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 5 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

Without prejudice, 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 and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee 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.

 

5. Cancellation & Returns

You may cancel your order by giving us notice of cancellation within 7 days of the date of delivery to you or collection from a trade counter.

To cancel by email: admin@dwburns.co.uk., phone or in person.  You must keep a record of this reference. Orders are only cancelled once this number is provided and any claims that an order was cancelled will not be entertained unless a cancellation reference is quoted. Orders cannot be cancelled once the order has been passed to our warehouse team for processing. If you no longer require goods that have entered our warehouse system you will have to return them under our Returns Policy – Please note that if you return the goods within 7 days in accordance with the Distance Selling Regulations then no restocking charge will be made, unless the goods ordered are “bespoke”, “made to order” or “none stocked by us” , in these case’s the order cannot generally be cancelled; All such products are clearly identified at the time of order by a red box highlighting the fact that these goods are “Non Returnable”. On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.

 

6. Liability  PLEASE READ THIS CLAUSE

If you have notified us of a problem with the goods within 7 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.

We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

Goods are intended for use in the UK only and we cannot 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.
If you are a trade customer, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

 

7. Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

 

8. Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

 

9. General

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.