Terms and Conditions

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These terms tell you the rules for using our website www.theunderfloormegastore.co.uk ("our site").

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www.theunderfloormegastore.co.uk is a site operated by The Building Megastore Ltd.

 

The Building Megastore, Unit 1, Mayfair Industrial Area, Maldon Road, Latchingdon, Chelmsford, Essex, CM3 6LF

 

(“We”). We are registered in England and Wales under company number 12510783.

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To contact us, please email Support@thebuildingmegastore.com or telephone us on 01277 572021

 

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

 

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

• Our Cookie Policy which sets out information about the cookies on our site.

If you purchase goods from our site, our Consumer Terms and Conditions of supply will apply to the sales.

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We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in Feb 2023.

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We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

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We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

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Our site is only for users in Mainland UK

Our site is directed to people residing in Mainland UK. We do not represent that content available on or through our site is appropriate for use or available in other locations.

 

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

 

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

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User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.

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We may share your information with other services related to our website such as Wix and Trustpilot. 

 

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Consumer Terms and Conditions of supply.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or

  • use of or reliance on any content displayed on our site.

• In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user.

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact support@thebuildingmegastore.com

 

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Our trade marks are registered

The trade marks on our site are registered trademarks of The Building Megastore Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under 'How you may use material on our site'.

 

Consumer Terms & Conditions

 

Consumer Online Terms and Conditions

Please read the following important terms and conditions before you buy anything on our site.

This contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

In this contract:

• We, us or our means The Building Megastore Ltd. registered in England and Wales with Company Number 12510783 whose address is at Unit 1, Mayfair Industrial Area, Maldon Road, Latchingdon, Chelmsford, Essex, CM3 6LF.

•  VAT No 353 1377 10

• You or your means the person using our site to buy goods from us.

If you don't understand any of this contract and want to talk to us about it, please contact us by:

• Email support@thebuildingmegastore.com Inbox monitored Monday-Friday 8:30am-5pm.

• Telephone 01277 572021 calls will be answered, Monday to Friday 8:30am to 5pm. We may record calls for quality and training purposes.

 

1                 Introduction

1.1            If you buy goods on our site you agree to be legally bound by this contract.

1.2            You may only buy goods from our site for non-business reasons.

1.3            This contract is only available in English. No other languages will apply to this contract.

2                 Information we give you

2.1            By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1        read the acknowledgement email (see clause 3.2.1); or

2.1.2        contact us using the contact details at the top of this page.

2.2            The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3            If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3                 Ordering goods from us

3.1            Below, we set out how a legally binding contract between you and us is made.

3.2            You place an order on the site by following the onscreen prompts after clicking on the item you want to purchase. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

3.2.1        When you place your order at the end of the online checkout process (e.g. when you click on the place order and pay), we will acknowledge it by email “(Order Acknowledgement”). This Order Acknowledgement does not, however, mean that your order has been accepted.

3.2.2        We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a)             the goods are unavailable;

(b)             we cannot authorise your payment;

(c)             you are not allowed to buy the goods from us;

(d)             we are not allowed to sell the goods to you;

(e)             you have ordered too many goods; or

(f)               there has been a mistake on the pricing or description of the goods.

3.2.3        Unless we contact you to confirm that we are unable to accept your order, our acceptance of your order will occur automatically on the date we deliver the goods to you or 7 days following the date we send our Order Acknowledgement. The Contract between us will only be formed at this time.

3.2.4        All orders are subject to stock availability. If we are unable to supply any of the goods that you have ordered we will inform you as soon as possible. In the event that a product that is out of stock is part of an order and we cannot contact you, we will send what goods we have in stock, refunding the purchase price of any unavailable product where payment has already been made.

3.3            Where you place an order for an age restricted good such as knives, blades, solvents and axes you confirm that you are over the age of 18 and that, where applicable, delivery will be accepted by a person over 18.  We reserve the right to cancel your order if we reasonably believe you do not meet the age requirements.

4                 Returns

4.1            You have the right to cancel this contract within 28 days without giving any reason.

4.2            The cancellation period will expire after 28 days from the date of delivery to you or your collection of the goods from a trade counter (as applicable).

4.3            To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) or by returning the goods to your local store.

4.4            To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

4.5            The right to cancel the contract set out above is subject to the following exclusions:

4.5.1        goods which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered;

4.5.2        goods which are liable to deteriorate or expire rapidly, including perishable goods such as plants or turf, will not be exchanged or refunded unless they are faulty or incorrectly delivered;

4.5.3        your right of cancellation does not apply to goods which are not suitable for return due to health or hygiene reasons, if you have opened the goods packaging after delivery or collection; and

4.5.4        your right of cancellation does not apply to goods which become mixed inseparably with other items after delivery or collection (which may be the case where the goods are installed).

4.6            If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

4.7            We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

4.8            We will make the reimbursement without undue delay, and not later than:

4.8.1        14 days after the day we received back from you any goods supplied; or

4.8.2        (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

4.8.3        if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

4.9            We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

4.10         If the goods have been delivered to you:

4.10.1      you shall send back the goods or return them to your local store without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you return the goods before the period of 14 days has expired. If you are unable to return the goods please contact your local store who can arrange for the goods to be collected;

4.10.2 you will have to bear the direct cost of returning the goods;

4.10.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5                 Delivery

5.1            There are four types of goods that you can order from us, which, depending on your location, will affect delivery (see specific sections below):

5.1.1        'Standard' goods are goods that do not fall into our 'Big & Bulky' or ‘Power Tool’ goods categories;

5.1.2        'Big & Bulky' goods;

5.1.3        Power Tools.

5.1.4        Direct Delivery

5.2            Big & Bulky items can only be delivered within our normal trading area, and this will be clearly marked on the website.  Our normal delivery area will be as described to you at the time you place your order or as shown on our website.  We reserve the right not to deliver outside this area.  Please check our postcode checker.

5.3            Power Tools are stored in our Specialist Tool Centre in Taunton, Somerset UK. If you do not live in the normal trading area of this branch, you will receive these goods via a third party courier.

5.4            Direct deliveries will be fulfilled by the supplier. In most instances the supplier or their courier service will contact you directly regarding a delivery day and time. Delivery may take 7-10 days depending on the goods. If your order also contains items not stated as direct delivery, then these items will be delivered separately.

5.5            The estimated date and time window for delivery of the goods will be discussed on the telephone once we have received your order.

5.6            If something happens which:

5.6.1        is outside of our control; and

5.6.2        affects the estimated date of delivery,

we will let you have a revised estimated date for delivery of the goods.

5.7            Delivery of the goods will take place when we deliver them to the address that you gave to us.

5.8            Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

5.8.1        let you know;

5.8.2        cancel your order; and

5.8.3        give you a refund.

5.9            If nobody is available to take delivery, please contact us using the contact details at the top of this page.

5.10         You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

5.11         We may deliver your goods in instalments.

5.12         Unless otherwise agreed in writing, our delivery price includes the cost of delivery on weekdays during our normal working hours of 7.30am and 5.00pm. An additional charge may be made if we agree to your request to deliver outside normal working hours.

5.13         If you keep our delivery vehicle waiting for an unreasonable time or the delivery driver is obliged to return without completing delivery, or if due to the nature of the goods we must provide additional staff to unload the goods, a reasonable additional charge will be made that reflects the extra services provided.

5.14         We pride ourselves on a reliable delivery service and always do our utmost to deliver on the date or time frame specified.  However, please note it acts as a guideline only and cannot be guaranteed, although rare, factors beyond our control can sometimes cause delay and we will endeavour to contact you as soon as we are able to in these cases.

 

7                 Payment

7.1            We accept Visa and MasterCard credit cards and Maestro, Delta, Visa, Electron and Solo debit cards. We do not accept 'prepaid' credit cards or American Express. 

7.2            We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

7.3            Your credit card or debit card will only be charged when the goods are dispatched.

7.4            All payments by credit card or debit card need to be authorised by the relevant card issuer.

7.5            If your payment is not received by us and you have already received the goods, you:

7.5.1        must pay for such goods within 14 days; or

7.5.2        must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

7.6            If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

7.7            Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 4.

7.8            The price of the goods:

7.8.1        is in pounds sterling (£)(GBP);

7.8.2        includes VAT at the applicable rate.

8                 Nature of the goods

8.1            The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

8.1.1        are of satisfactory quality;

8.1.2        are fit for purpose;

8.1.3        match the description, sample or model; and

8.1.4        are installed properly (if we install any goods).

8.2            We must provide you with goods that comply with your legal rights.

8.3            The packaging of the goods may be different from that shown on the site.

8.4            Any goods sold:

8.4.1        at discount prices;

8.4.2        as remnants; or

8.4.3        as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

8.5            For safety reasons, we reserve the right to restrict sales of gas fittings and appliances to professionally registered plumbers and heating engineers.

8.6            We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our goods (and their packaging) in the images that appear on the website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical goods (or its packaging). The goods (and their packaging) may vary slightly from those images.

8.7            Natural goods may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.

8.8            Any information on the website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of goods is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any goods you require, we recommend that you contact us prior to placing an order and/or purchasing goods.

8.9            If your order includes goods that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return as set out in clause 4 will not be available unless the goods are faulty or incorrectly delivered.

8.10         The prices displayed on the website may be different prices for the same goods purchased in the stores. These prices may be higher or lower.

8.11         Our site contains a large number of goods, and it is always possible that, despite our best efforts, some of the goods listed may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where the goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the goods to you.

8.12         If a good’s correct price is higher than the price stated on our site, we will let you know as soon as reasonably possible.  We will then offer you the option of reconfirming your order at the correct price or cancelling it in exchange for a full refund.

8.13         All prices are subject to change without prior notice.

8.14         Our ability to supply the goods is subject to us holding them in stock or being able to obtain them.  If on receipt of your order, the goods you have ordered are not available either in stock or by special order we will inform you as soon as reasonably possible and if we are unable to obtain them in an agreed time we will refund or re-credit you for any sum that has been paid by you or debited from your credit card or debit card for the goods.

8.15         Whilst we try to maintain continuity of supply in relation to our product lines, we reserve the right to discontinue any goods at any time and we shall be under no obligation to supply you with discontinued goods in the future.  If you have already placed your order, we will notify you as soon as reasonably possible that the goods are not available and offer you an alternative product if one is available or a full refund.

8.16         In the case of certain goods, variations may arise in the finish of those goods where they originate from different factory batches.  We shall not be liable for any loss caused by such variation where such variation does not diminish the quality of the goods and where goods bought for a specific job or purpose are not purchased at the same time.

8.17         We take every precaution in the preparation of our catalogues, technical circulars, price lists and other literature, but these documents are for your general guidance only and do not form part of the contract (in the absence of fraud on our part). If you require advice in relation to the goods, a specific request for advice should be made.

9                 Manufacturer Warranties

Some of our goods are sold with a manufacturer’s warranty or guarantee.  The goods description will provide details of any warranty or guarantee.  Any compliant, query or claim under the manufacturer’s guarantee must be made direct to the manufacturer.  These rights are in addition to your statutory rights.

10              Faulty goods

10.1         Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out below.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

For goods the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:

• up to 30 days: if your goods are faulty, then you can get an immediate refund.

• up to six months:

• if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

• up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

10.2         Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3         Please contact us using the contact details at the top of this page, if you want:

10.3.1 us to repair the goods;

10.3.2 us to replace the goods;

10.3.3 a price reduction; or

10.3.4 to reject the goods and get a refund.

11              End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12              Limit on our responsibility to you

12.1         Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

12.1.1 losses that:

(a)             were not foreseeable to you and us when the contract was formed; or

(b)             that were not caused by any breach on our part;

12.1.2     business losses; and

12.1.3 losses to non-consumers.

13              Disputes

13.1         We will try to resolve any disputes with you quickly and efficiently.

13.2         If you are unhappy with:

13.2.1 the goods;

13.2.2 our service to you; or

13.2.3 any other matter;

please contact us as soon as possible.

13.3         If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

13.3.1 let you know that we cannot settle the dispute with you; and

13.3.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal:  https://webgate.ec.europa.eu/odr .

13.4         If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.

13.5         The laws of England and Wales will apply to this contract.

14              Third party rights

 

No one other than a party to this contract has any right to enforce.