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thecodestore.co.uk Term & Conditions

  1. Interpretation

In these Conditions

“Seller” means thecodestore.co.uk Limited

“Buyer” means the person whose written order for the goods is accepted by the Seller.

“Contract” means the contract for the sale and purchase of the goods.

“Writing” and any similar expression, includes the facsimile transmission and comparable means of communication including electronic mail.

  1. Basis of the Sale

2.1 Contract and orders are accepted only subject to the Seller’s General Conditions of Sale as set out herein and the Sellers Special Condition of Sale (if any) endorsed on the reverse hereof and the Buyer shall be bound by such Conditions. No medication or variation of these Conditions or the particulars contained in the Seller’s accepted by the Seller in Writing. Unless so agreed any qualification thereof or terms stipulation in the Buyers own order forms shall be in inapplicable.

2.2 Any advice or recommendation given by the Seller or its employees or agent to the Buyer or its employee or agents as to the storage, application or use of the goods which is not confirmed in writing by the Seller is followed or acted on entirely at the Buyers own risk and accordingly the Seller shall not be liable for any such advice or recommendations which is not so confirmed.

2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

  1. Orders & Specification

3.1 The quantity, quality and description of the goods and any specification for them shall be as set out in the Seller’s sales literature.

3.2 The Seller reserves the right to make any changes in the specification of the goods which are required to perform with any applicable statutory or E.U. requirements or, were the goods are to be supplied to the Seller’s specification, which do not materially affect the quality of performance.

3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all lost. (including loss of profit), costs (including the cost of all labour and materials), damages, charges and expenses incurred by the Seller as a result of cancellation.

3.4 The Buyer confirms that he relies on his own skill and judgement in determining the suitable of the goods order for any particular purpose. The Seller gives no warranties to the suitable of its goods for any particular purpose. Unless agreed by the seller otherwise in writing, the Buyer is solely responsible for ensuring suitability of the goods for his purpose.

3.5 All goods supplied by the Seller are in accordance with the description stated in the product literature published and are subject to any tolerances stated in that literature. If the goods are ordered by brand name the Seller reserves the right to substitute similar goods which perform to the same standard.

3.6 The Seller in no way accepts any liability for the compliance or non-compliance of goods with The Code for Sustainable Homes. Any reference to The Code for Sustainable Homes (CSH) are merely included for guidance only and thecodestore.co.uk recommends that independent professional advice is sought.

  1. Prices

Prices quoted refer to the stipulation qualities only and will not necessarily hold good for other quantities. Unless otherwise stated all prices quoted are delivered prices including VAT. Quotations are also provided on the basis that the full amount will be paid upfront either by BACS bank transfer, cheque, or a debit card. Credit cards maybe liable to an additional surcharge.

5. Variation of Prices

The Seller reserves the right to alter the quoted price of all or any of the goods at any time, without notice of the event of any variation in costs incurred by the Seller after acceptance of the buyers order. Order are accepted at the prices current at the time of acceptance and on the understanding that they may be invoiced as prices ruling on the date of despatch irrespective of prices previously quoted. The quoted price is also subject to adjustment if any changes are made by the buyer in the specification or quantities of the goods or delivery requirements.

6. Payment

Unless otherwise specified, all payments must be made in full before the order is processed and delivered.

7. Packing

Unless otherwise agreed the goods shall be delivered in the Sellers or the manufacture’s standard packing. Special packaging specifications o meet the buyers requirements must be referred to the Seller for review and acceptance. The Seller shall make a change for this and the cost will be shown as a separate item on the invoice.

8. Delivery

(1) Every effort will be made to maintain delivery dated but the Seller accepts no liability for delay however occasioned or for the consequences of any delay. Time of delivery shall not be of the essence of the contract unless previously agreed by the Seller in writing.

(2) Delivery shall be when the good are ready and at the Buyer’s nominated place of delivery which shall be

(a) The Sellers premises if either the Buyer or the Buyer’s carrier or agent collects, or if written nomination has been received by the time the goods are ready, or

(b) At the Buyer’s own premises if carriage is affected by the Seller, its carriers or agents.

(3) Following delivery, the goods shall be at the sole risk of the Buyer. The Seller reserves the right to deliver by instalments in which case each delivery shall constitute a separate contract without prejudice to subsequent deliveries and shall be invoiced accordingly. The Seller shall use its reasonable endeavours to deliver on the date started but no guarantee or warranty as to the date or rate of delivery is given or implied and the Seller accepts no liability for late delivery or loss of profit or any consequential damage arising therefrom. No delivery shall be considered overdue until the buyer has made a written request for delivery and given the Seller reasonable to comply with such a request.

9. Risk of Property

(1) Risk of damage or loss to the goods shall pass to the Buyer:

(i) in the case of the goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the goods are available for collection; or

(ii) in the case of goods to be delivered that at the Seller’s premises, at the time of delivery or, if buyer wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery of the goods. Unloading of the goods from the transport at the Buyer’s premises is at the Buyer’s risk.

(2) Notwithstanding delivery and the passing of risk in the goods, or any other provision of there Conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the Buyer for which payment is then due.

(3) Until such time as the property in the goods passed to the Buyer, the Buyer shall hold the goods at the seller’s fiduciary agent and bailee, and shall keep the good separate from those of the buyer and third parties and properly sorted, protected and insured and identified as the Seller’s property, but the buyer may resell or use goods in there ordinary course of its business.

(4) Until such time as the property of the goods passes the Buyer (and provided the goods are still in existence and have not been resold), the seller may at any time require the Buyer to deliver up the goods to it and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the goods are stored and repossess the goods.

(5) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the Sellers property, but if the Buyer does so all monies owing to the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.

10. Force Majeure

The Seller shall not be liable to the Buyer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as cause beyond the Seller’s reasonable control:

10.1 Act of God, explosion, flood, tempest, fire or accident;

10.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;

10.3 Acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

10.4 Import and export regulations or embargoed;

10.5 Strikes, lock-outs or other industrial actions or trade disputed (whether involving employees of the Seller or of a third party);

10.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;

10.7 Power breakdown or breakdown in machinery.

11. Warranty and Liability

11.1 Subject as expressly provided in these Conditions, and except where the goods are sold to a person dealing as a customer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

11.2 Any warranties or guarantees available or referred to with the product is specific to and provided by the product manufacturer.

11.3 Where a claim in respect of any of the goods which is based on defect in the quality or condition of the goods or their failure to meet specification is notified to the Seller in accordance with these Conditions and the Seller has accepted such claim following an investigation by the Seller, the Seller may replace the goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the goods (or proportionate part of the price), in which case the seller shall have no further liability to the Buyer.

11.4 Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods (including any delay in supplying or any failure to supply the goods in accordance with the Contract or at all) or their use or resale by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the goods, except as expressly provided in these Conditions.

12. Insolvency of Buyer

12.1 This clause applies if

12.1.1 The Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) or becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise that for the purpose of amalgamation or reconstruction): or

12.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property assets of the Buyer; or

12.1.3 the Buyer ceases, or threatens to cease, to carry on business; or

12.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

12.1.5 If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

13. Claims for No Delivery/Short Delivery/Goods Damaged in Transit

The Buyer shall inspect the goods immediately on delivery thereof. If the Buyer fails to give notice or report in accordance with these provisions the Buyer shall be bound to accept and pay for the same at the time or times specified in these conditions unless a written claim is received:-

(i) by both the Seller and the carrier within three days of delivery in respect of damage, delay or partial loss in transit;

(ii) by both the Seller and the carrier within 28 days of despatch in respect of non-delivery; goods subject to any claim must be stored free of charge for the Seller’s inspection.

14. General

14.1 The Seller’s rights shall not be affect or restricted by any indulgence or forbearance granted to the buyer. No waiver by the Seller of any breach shall operate as a waiver of any later breach.

14.2 The Seller is a member of the group of companies, and

Accordingly the Seller may perform any of its obligations or

exercise any of its rights under the Contract by itself or through

any other member of its group, provided that any act or omission of any such other member shall be deemed to be the act or omission of the Seller.

14.3 The Contract shall be governed by the laws of England and the

Buyer agrees to submit to the non-exclusive jurisdiction of the

English courts.

14.4 If any provision of the Contract is held by a court or other

competent authority to be invalid or unenforceable in whole or

in part, the validity of the other provisions of the Contract and

the remainder of the provision in question shall not be affected.

Returns Policy

Please check goods thoroughly upon delivery and do not accept or sign for damaged goods. Damaged goods cannot be returned. Please note that orders of different product lines may arrive in different deliveries at different times.

Goods which are unopened and undamaged may be returned within 14 days of receipt to thecodestore.co.uk, however, they are subject to a 20% handling and administration fee. To return goods please contact us immediately to arrange return delivery.


© thecodestore.co.uk Ltd. Company Registration 7055646

*Whilst thecodestore.co.uk Ltd. strives to ensure that all products listed on our website comply with the Code for Sustainable Homes, we cannot be held liable for any products sold which do not satisfy the Code for Sustainable Homes criteria, or any further costs or damages whatsoever. thecodestore.co.uk recommends professional advice is sought to accompany the information & products provided by this website. An independent local advisor can be found in our consultants and assessors directory. Please see our full terms and conditions for further details.