Woodfit Fittings General Web Site Terms and Conditions
1. Terms of Website Use
This page (together with the documents referred to on
(“our site”), whether as a guest or a registered user. Please read these terms
of use carefully before you start to use the site. By using our site, you agree
3. Information About Us
Our site is operated by Burbidge & Son Ltd
("We"). We are registered in England and Wales under company number
00376700 and have our registered office at Burnsall Road, Canley, Coventry, West Midlands, CV5 6BS, England.
4. Accessing Our Site
Access to our site is permitted on a temporary basis,
and we reserve the right to withdraw or amend the service we provide on our site
without notice (see below). We will not be liable if for any reason our site is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of our site, or our entire site, to users who have
registered with us. 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, and 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 opinion you have failed to comply with any of the
provisions of our acceptable use policy. You are responsible for making all
arrangements necessary for you to have access to our site. You are also
responsible for ensuring that all persons who access our site through your
internet connection are aware of these terms, and that they comply with them.
5. Intellectual Property Rights
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 reference and you may draw the
attention of others within your organisation to material 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 material on our site must always be acknowledged. You must not use
any part of the materials on our site for commercial purposes without obtaining
a licence to do so from us or our licensors. If you print off, copy or download
site will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
6. Reliance on Information Posted
Commentary and other materials posted on our site are
not intended to amount to advice on which reliance should be placed. We
therefore disclaim all liability and responsibility arising from any reliance
placed on such materials by any visitor to our site, or by anyone who may be
informed of any of its contents.
7. Accuracy of Information
Our site contains information relating to us and our
subsidiaries. All information or advice provided as part of our site is correct
at the time of inclusion but we make no representation or warranty as to the
completeness, accuracy, currency or adequacy or suitability of that
information. We are not liable for any action you may take as a result of
relying on such information or advice nor for any loss or damage suffered by
you as a result of you taking such action. The information included in our site
has been compiled from a variety of sources and is subject to change without
notice. We recommend that you print these Terms and Conditions and update your
records from time to time.
8. Our Site Changes Regularly
We aim to update our site regularly, and may change the
content at any time. If the need arises, we may suspend access to our site, or
close it indefinitely. Any of the material on our site may be out of date at
any given time, and we are under no obligation to update such material.
9. Availability of our Site
We cannot guarantee that our site will always be
accessible due to the nature of the internet, as our site may be unavailable or
suspended to allow for repairs, maintenance or the introduction of new
facilities or services.
10. Our Liability
The material displayed on our site is provided without
any guarantees, conditions or warranties as to its accuracy. To the extent
permitted by law, we, other members of our group of companies and third parties
connected to us hereby expressly exclude:
a) All conditions, warranties and other terms which
might otherwise be implied by statute, common law or the law of equity.
b) Any liability for any direct, indirect or
consequential loss or damage incurred by any user in connection with our site
or in connection with the use, inability to use, or results of the use of our
site, any websites linked to it and any materials posted on it, including,
without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however
arising and whether caused by tort (including negligence), breach of contract
or otherwise, even if foreseeable. This does not affect our liability for death
or personal injury arising from our negligence, nor our liability for
fraudulent misrepresentation or misrepresentation as to a fundamental matter,
nor any other liability which cannot be excluded or limited under applicable
11. Emails and Information sent to us
Any email or attachment sent to us will not be encrypted
and we therefore do not accept any liability if emails sent by you are
compromised (including, but not limited, to their security or confidentiality).
We do not, to the extent permitted by law, accept any liability as set out in
Clause 9 above for any external compromise of any security and/or
confidentiality in relation to transmissions sent by email.
12. Information About You and Your Visits to Our Site
We process information about you in accordance with our
warrant that all data provided by you is accurate.
13. Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing
viruses, trojans, worms, logic bombs or other material which 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. We
will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our site or to your downloading of any
material posted on it, or on any website linked to it.
14. Username and Password
If you use our site you are responsible for maintaining
the confidentiality of your username and password and for restricting access to
your computer to prevent unauthorised access to your account. You agree to
accept responsibility for all activities that occur under your account or
password. You should take all necessary steps to ensure that the password is
kept confidential and secure and should inform us immediately if you have
reason to believe that your password has become known to anyone else, or if the
password is likely to be used in an unauthorised manner. Please ensure that the
details provided to us are accurate and complete. Do inform us immediately of
any changes to the information that you provided when registering. We reserve the
right to refuse access to the site, and to terminate accounts, remove or edit
content or cancel orders at our discretion. If we cancel an order it will be
without charge to you unless, due to your negligence, you have allowed
unauthorised use of your username and password.
15. Linking to Our Site
You must not create links to any part of our site
without our prior written permission. Linked web sites whether permitted or not
do not have implied affiliation with our site. If we grant you permission to
create links to any part of our site, the website from which you are linking
must comply in all respects with the content standards set out in our
acceptable use policy.
Subject to the provisions of clause 5, all information
presented, unless specifically indicated otherwise is under copyright to us or
our licensors. Information is freely available for downloading and browsing but
may not be altered, transmitted, distributed, reproduced, duplicated, copied,
or re-sold without our prior written consent.
17. Links from our Site
Where our site contains links to other sites and
resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that
may arise from your use of them.
18. Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over
any claim arising from, or related to, a visit to our site although we retain
the right to bring proceedings against you for breach of these conditions in
governed by English law.
this page. You are expected to check this page from time to time to take notice
of any changes we have made, as they are binding on you. Some of the provisions
published elsewhere on our site.
Woodfit Fittings (Woodfit Fittings/we/us) are committed to
protecting your privacy. We use the information we collect about you to provide
services you request, to communicate with you and to personalise our
information to you.
What information do we collect? How do we use it?
We record the information from forms you complete on our
website. We may use the information to personalise the information we send you.
We also use the information to provide products or information that you
request. We may also use the information we collect to occasionally notify you
about important functionality or content changes to the website, new Woodfit
Fittings services and special offers we think you'll find valuable. When we ask
for your telephone number it is to enable us to contact you if there is a
problem with an order you have made or to ask you if you would like to take
part in a market research questionnaire or through telemarketing. If you don’t
want to take part, you can tell us when we telephone. When you enter a contest,
online survey or promotional feature we will use your entered details to
administer the contest or to notify you about special offers or content we
think you will find valuable. Each time we contact you, you have the option to
decline to receive further marketing information relating to Woodfit Fittings.
Data gathered on our website is gathered in two ways:
indirectly for example, through cookies, see below and/or directly for example,
when you provide information on various response forms. This information
includes your internet address so that we can track unique visits to our site
for analytical purposes. We collect information when you choose to submit it to
us. Throughout our site, for example, we may provide the opportunity to participate
in an online survey or request a brochure. It is completely up to you whether
or not you want to provide it. We also collect information directly from you in
a number of ways, some of which we describe in this Privacy Statement, where we
do not describe it here it is described at the point of collection. One way is
Cookies help us to improve our website and to deliver a better and more
personal service. For example cookies store information about your preferences
and recognise when you next visit our website. The cookies we use identify you
only as a number unless specifically stated otherwise at the place you choose
to accept a cookie. You can disable cookies on your computer by changing the
settings in preferences or options menu in your browser. If you are unsure how
to disable cookies, please consult your software's "help" section.
However, if you disable cookies you may be unable to access certain areas of our
How do we protect customer information?
The UK Data Protection Act 1998 requires us to follow
strict security procedures in the storage and disclosure of the information
which you have given us. If you would like to learn more about Data Protection
then click here: http://www.ico.gov.uk/for_organisations/data_protection_guide.aspx
Will Woodfit Fittings disclose personal information
it collects to outside parties?
No, we will never disclose information about you to third
parties, except to fulfil your specific orders for a product or information as
some of our services are fulfilled by our dealers, distributors and agents. In
these instances, we contractually require that they only use the information to
fulfil your requirements and do not use it for their own marketing purposes.
We will never sell, trade or rent your personal
information to others.
By using our website, you give us permission to collect, use and
process this information to provide and send you the information about our
services. Our site may, from time to time, contain links to and from other web
sites. If you follow a link to any of these websites, please note that these
websites have their own privacy policies. Please check these policies before
you submit any personal data to these web sites.
changes on this page so that you are always aware of what information we
collect, use and disclose.
CONDITIONS OF SALE
1. (A) In these conditions “the Company” means Woodfit
Fittings, a trading division of Burbidge & Son Ltd, “the Customer” means
the person, firm or company named on the Company’s Invoice and “the Goods”
means the items to which the Company’s invoice relates.
(B) No contract for the sales and purchase of the Goods shall
arise following the issue of a quotation by the Company and its acceptance by
the Customer until such time as the Company shall confirm acceptance of the
Customer’s order on its acknowledgement of order form.
2. Goods supplied by but not manufactured by the Company
are sold subject to the conditions of sale imposed by the manufacturers and the
Customer shall only be entitled to such benefits as the Company may receive
under any guarantee given in respect thereof.
3. The description of goods in the leaflets, catalogues
or other written matter shall not constitute a contract of sale of goods by
description so as to impose the relevant clauses of the Sale of Goods Act 1979.
4. All implied conditions and warranties recognised by
the custom of statute as to the quality or fitness of the goods for specific
purpose are hereby expressly excluded from the Company’s contract.
5. The Company accepts no responsibility for
non-delivery or delayed delivery of goods due to causes beyond its control,
such as fires, strikes, government control or shortages of material, and any
such delay shall not entitle the Customer to rescind his contract.
6. The Company will accept no claim for shortage of
goods delivered unless notice is received within 48 hours of delivery.
7. All references to weights, dimensions or performances
contained in catalogues, leaflets or other written matter are approximate only
and shall not be taken to be an implied term of contract between the Company
and the Customer.
8. The Company will in no circumstances accept liability
for any consequential loss, or loss of profits or third party claims or
detention or delay or expenses of any kind howsoever caused.
9. (A) Risks in the goods shall pass to the Customer
immediately upon delivery of the goods and accordingly the Customer shall be
responsible for all loss, damage or deterioration of the goods from and after
(B) Property in the goods shall remain with the Company,
which reserve the right to dispose of the goods, until payment in full for all
of the goods has been received by it in accordance with the terms of the
contract to which these conditions relate or such time as the Customer sells
the goods to its customer by way of bona-fide sale at full market value. If
such payment is overdue in whole or in part the Company may (without prejudice
to any of its other rights) recover or re-sell the goods or any of them and may
enter upon the Customers premises by its servants or agents to repossess the
goods for those purposes. Payment shall be deemed to become due immediately
upon the commencement of any act proceeding calling into question the
Customer’s solvency or upon the appointment of any Administrator or an
(C) If any goods are incorporated in or used in the
manufacture of other items before such payment is received property in the
whole of such other items shall remain with the Company until such payment has
been made, or the other items have been sold as aforesaid, and all the
Company’s rights hereunder in the goods shall extend to those other items.
(D) In the event of the Customer having disposed of the
goods to a third party the Customer shall hold any proceeds arising on such
disposal as trustee for the Company until the Customer has paid the Company for
(E) If any of the provisions of this condition 9 shall
be found void but would be valid if some part of thereof were deleted such
provisions shall apply with any deletion as may be necessary to make it valid
10. (A) Terms of payment are immediate, unless otherwise
agreed by the Company in writing.
(B) The Company shall be entitled to suspend or cancel
future deliveries under this or any contract between the parties hereto:
i) If any payment is overdue
ii) Upon the commencement of any act or procedure
calling into question the Customer’s solvency
iii) Upon the appointment of an Administrator or
(C) Without prejudice to any of its rights the Company
shall be entitled to charge the Customer interest on any overdue payment at the
rate of 4% per annum above the base rate from the time of time in force of
National Westminster Bank PLC (calculated with quarterly rests) from the date
on which payment falls due until the date of payment both before and after
11. These conditions shall apply to all orders placed
with the Company. Any stipulations or conditions in a Purchase Order Form which
conflict with, qualify or negate any of these conditions shall only apply if expressly
agreed in writing by the Company.
12. All prices shall be subject to increases in the
event of increases in wages or raw materials and/or government regulations
and/or other relevant increases which may occur before completion of any order.
13. The contract shall be constructed and operate in all
respects as a contract made in England and in conformity with English Law.
14. The Company is constantly improving their product range and
therefore reserve the right to amend colours, specification or products without
prior notification. It is the Customer’s responsibility to ensure at all times
that any samples used as a reference point are representative of current
production standards. Please contact Customer Services who can advise of any
changes of specification.
15. Delivery. (A) The Company will notify
you by way of email when your goods are to be dispatched to you. The message
will contain details of estimated delivery times in addition to any reasons for
a delay in the delivery of the Goods purchased by you.
(B) If the Company receives no communication
from you, within 7 days of delivery, regarding any problems
with the Goods, you are deemed to have received the Goods in full working order
and with no problems.
16. Returns Policy. The Company aims to always provide high
quality Goods that are fault free and undamaged. On occasion however, goods
may need to be returned. Returns are governed by these Terms and Conditions.
(A) If you receive Goods which do not match those that you
ordered, unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options, you should
contact us within 7 days to arrange collection and return. The Company is
responsible for paying shipment costs. You will be given the option to have
the Goods replaced with those ordered (if available) or to be refunded through
the payment method used by you when purchasing the Goods. Refunds and
replacements will be issued upon our receipt of the returned Goods.
(B) If any Goods you have purchased have faults when they are
delivered to you, you should contact the Company within 7 days to arrange
collection and return. The Company is responsible for paying shipment costs.
Goods must be returned in their original condition with all packaging and
documentation. Upon receipt of the returned Goods, the price of the Goods, as
paid by you, will be refunded to you through the payment method used by you
when purchasing the Goods.
(C) If any Goods develop faults within their warranty period,
you are entitled to a repair or replacement under the terms of that warranty.
(D) If Goods are damaged in transit and the damage is apparent
on delivery, you should sign the delivery note to the effect that the goods
have been damaged. In any event, you should report such damage to the Company
within 7 days and arrange collection and return. The Company is responsible
for paying shipment costs. Upon receipt of the returned Goods, the price of
the Goods, as paid by you, will be refunded to you through the payment method
used by you when purchasing the Goods.
(E) You have a statutory right to a “cooling off” period. This
period begins once your order is complete and ends 7 days after the Goods have
been delivered. If you change your mind about the goods within this period,
please return them to the Company within 7 days of receipt. You are
responsible for paying shipment costs if Goods are returned for this reason.
This statutory right does not apply to goods that have been made to your specification.
(F) If you wish to return Goods to the Company for any of the
above reasons, please contact us to make the appropriate arrangements.
(G) The Company reserves the right to exercise discretion with
respect to any returns under these Terms and Conditions. Factors which may be
taken into account in the exercise of this discretion include, but are not
i) Any use or enjoyment that you may have already had out of
ii) Any characteristics of the Goods which may cause them to deteriorate
or expire rapidly;
iii) Any discounts that may have formed part of the purchase
price of the Goods to reflect any lack of quality made known to the Customer at
the time of purchase.
Such discretion to be exercised only within the confines of the