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CUSTOMER TERMS AND CONDITIONS

Effective Date:10th January 2013

1. Introduction

1.1 This website is owned and operated by Trades Supersite Limited. We are registered in England & Wales under number 7086534. Our registered office is at 35 Coombe Road, Kingston Upon Thames, Surrey KT2 7BA and our trading address is at Unit 1, Image House, Fordbridge House, Sunbury Upon Thames, Middlesex TW16 6AX. Our VAT number is 994729160

1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site.

1.3 You are not eligible to buy any goods via this site if:

1.3.1 it is unlawful for you to buy or use the goods in, or import them into, your country.

1.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

1.4 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.

2. Discount codes

2.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Unless otherwise stated codes are only available for orders placed online, and can only be redeemed once per customer

2.2 All discount codes refer to the price excluding delivery charges. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

3.Payment and price

3.1 Payment is in advance by the means stated on our website. Despatch of the goods is subject to our receipt of full payment in cleared funds.

3.2 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.

3.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don't, we will provide a full refund of any payments already made.

4. Your order

4.1 Your order is an offer to buy from us.

4.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.

5.Acceptance / unavailability

5.1 There will be no binding contract of any kind between you and us unless and until we accept your offer by actually despatching the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.

6. Delivery

6.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.

6.2 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.

6.3 Any dates for delivery are estimated only and time for delivery shall not be of the essence. If no dates are specified, delivery shall be within a reasonable period. We are not liable for any losses of any nature arising from delay in delivery.

6.4 You will provide at your expense, adequate and appropriate equipment and manual labour for unloading the goods

6.5 If we are unable to deliver due to your fault or if you refuse to accept delivery when delivery is attempted, we reserve the right to charge for the abortive delivery and for any related storage, insurance and other charges.

6.6 If nobody is available to receive the goods when we attempt delivery, we reserve the right to leave them at the doorstep or reception as available and we are not liable for any damage or loss to the goods occurring as a result.

6.7 Risk of damage or loss to the goods passes to you on delivery or if we are unable to deliver due to your fault or if you refuse to accept delivery when delivery is attempted.

7. Inspection

7.1 You must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within three working days of delivery and within ten working days of delivery you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at our expense to the location specified by us to enable the examination to take place.

7.2 We will accept returns on goods within a 14 day period of you receiving them. Except for items such as cement based or liquid based products if they aren't faulty. All returns will be returned at your own cost to the relevant address given when arranging the return with us.

8. Quality

8.1 We warrant ("the Warranties") that (subject to the other provisions of this agreement) upon delivery, and for a period of twelve months thereafter, the goods will:

8.1.1 be of satisfactory quality; and

8.1.2 be reasonably fit for your purposes for which the goods have been bought and of which we have express knowledge.

8.2 We shall not be liable for a breach of any of the Warranties unless:

8.2.1 you have complied with your inspection obligations set out above;

8.2.2 you have given us written notice of the defect within ten working days of the time when you discover or ought to have discovered the defect; and

8.2.3 we are given a reasonable opportunity after receiving the notice of examining such goods and (if we asked you) you send the relevant goods at our expense to the location specified by us to enable the examination to take place.

8.3 We shall not be liable for a breach of any of the Warranties if:

8.3.1 you make any further use of such goods after giving such notice; or

8.3.2 the defect arises because you failed to follow the instructions as to the storage, installation, use or maintenance of the goods; or

8.3.3 you have not paid the total price for the goods by the due date for payment; or

8.3.4 you alter or repair such goods without our written consent.

8.4 Subject to the foregoing, if any of the goods do not conform with any of the Warranties, we shall at our option repair or replace such goods (or the defective part) or refund to you the price of the goods (or a proportionate part of the price) provided that, if we so request, you return to us at our expense the goods or the part of such goods which are defective.

9. Liability

9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

9.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

9.3 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.

9.4 We have no liability if you have made a transaction via this site despite not being eligible to do so, e.g. because you are a consumer.

9.5 Our liability of any kind (including our own negligence) is limited to the price paid for the goods to which the liability relates.

9.6 In no event (including our own negligence) will we be liable for any:

9.6.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

9.6.2 loss of goodwill or reputation;

9.6.3 special, indirect or consequential losses; or

9.6.4 damage to or loss of data

(even if we have been advised of the possibility of such losses).

9.7 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.

9.8 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

10.Intellectual property rights

10.1 All trade marks, logos, content (including our website's structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

11. Privacy

11.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link].

12. Your content on our site

12.1 If we allow you to upload any content to this website, you must ensure that such information is accurate, not misleading, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another's privacy or similarly inappropriate.

12.2 If you post a review, rating or comment you also promise that you have no personal or business relationship with the entity being reviewed, that you have not been offered any incentive by the entity to write the review, that you are not a competitor of the entity and that it is your independent, honest, genuine opinion.

12.3 We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.

13. Security

13.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

14. Availability of our site

14.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.

15. Guidance on our site

15.1 Any guidance or similar information which we ourselves make available on our service is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.

16. Third party websites

16.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.

17. Force majeure

17.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control including third party telecommunication failures.

18. General

18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

19. English law

19.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

20. Complaints

20.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

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