By accepting these Terms and Conditions you (‘The Customer’) enters an agreement (‘Contract’) with Angus Maciver Ltd  (‘AML’) for the supply of goods (‘the Goods’) referred to on our website at www.angusmaciverltdbuildingsupples.co.uk (the ‘Site’).

 

By ordering any of our Goods you, The Customer, accepts and agrees to be bound by these Terms and Conditions of business.

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By placing an order, you warrant to us that:

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• you are legally capable of entering binding contracts, and that you are, at least, 18 years’ old.

 

1. Payment

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• If The Customer's order was made on-line we will confirm the price before accepting the order by phone. Payment over the phone is confirmation of the order and is deemed to be acceptance of the Terms and Conditions.

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• Occasionally an error may occur and Goods may be incorrectly priced, in such circumstances AML will not be obligated to supply the Goods at the incorrect price.

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• Although we endeavour to hold stock of all the items we are selling (if not mentioned otherwise e.g. in a product description) this cannot be guaranteed, so that by acknowledging receipt of The Customer's order we are not creating a binding contract to supply a non-stock order.

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• All products are subject to manufacturers’ updates and price changes.

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• Goods are intended for use in UK and we make no warranties that the Goods are suitable for outside UK, or comply with laws, regulations, or standards of any jurisdiction outside the UK.

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• A Customer providing AML with fictional details (address, name, bank details, etc.) may result in a full investigation and a possible prosecution.

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• AML will only accept payments made by credit/debit cards, cash or bank transfers.

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2. Privacy

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We are required by law to ensure that when processing any of The Customer's personal data that it is:

 

• Used lawfully, fairly and in a transparent way;

• Collected only for valid purposes that we have clearly explained to The Customer;

• Accurate and kept up to date;

• Kept in a form which permits The Customer to be identified for only as long as necessary for valid purposes;

• Kept securely.

 

In order to process quotations and sales enquiries we receive and store the following information about The Customer:

 

• The Customer's name, address and contact details, including email address and telephone number;

• Details of other addresses linked to The Customer or their client(s) which may be required for delivery purposes;

• Email communications relating to enquiries and sales. The Customer can choose not to provide certain information but this may limit the accuracy of quotations or prohibit the successful processing of sales.

 

We will collect this information:

 

• From online quotation requests or newsletter subscriptions via our website;

• Via email;

• Over the phone;

• In person.

 

We also use website cookies to enable our online systems to recognise The Customer's device and provide features to him/her.

 

We collect personal information in the form of an email address. We might only use that information to send an e-newsletter and do not use it for any other marketing purposes. We do not rent or trade email lists with other organisations and businesses. We will use a third-party provider, e.g. Mailchimp, to deliver the newsletter.

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3. Delivery Terms

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• We will deliver the Goods in The Customer’s order to the address provided for delivery.

• We will attempt to deliver the Goods within 1 to 28 working days from the date the order was placed. Shall this not be possible we will endeavour to keep The Customer informed and to secure the earliest possible delivery date.

• Giving AML the incorrect information will cause a delay in processing the order.

• We will contact The Customer to agree a delivery date. 

• The Customer must ensure that reasonable access is available. Deliveries will usually be to the kerbside only. Sometimes pallet trucks are not available or cannot be used so pallets may have to be opened and decanted at the point of delivery. The Customer must ensure that someone will be available to unload the truck (available person/persons to do heavy lifting).

• We cannot be held responsible for any direct or indirect expenses caused due to late delivery. We will always do everything within our power to keep to a delivery date, but there may be reasons outside of our control that cause delays.

• Late delivery does not constitute a reason for The Customer to cancel the contract or refuse payment.

• AML remains the legal owner of the Goods until delivered and signed for, at which time The Customer takes responsibility for the Goods.

• The Customer acknowledges that delivery to the delivery address does not include delivery to a specific person.

• AML will not be responsible for any loss or damage where the Goods are correctly delivered to the delivery address but where any person misrepresents their authority to receive the consignment on behalf of The Customer.

• Please be aware that most of our products are heavy items and require assistance to offload. The Customer must ensure that at least one able bodied person is available to offload.

• The Customer is solely responsible for unloading the Goods at the delivery address. The Customer must ensure that each consignment is unloaded immediately on arrival of the delivery vehicle at the delivery address.

• If the Customer is not available to receive the delivery,he/she may be liable for re-delivery charges.

• The Customer shall agree on a re-delivery date within the following two working days for the Goods to be finally delivered.

• Goods failed to be re-delivered due to The Customer failing to agree on a date or to attend will be returned to us and The Customer will be charged for the relevant return transport costs.

•  The Goods may arrive in more than one delivery.

• It is advised that The Customer inspects the Goods upon delivery. Any claims of missing items must be reported immediately to the driver. Any claims after this period may not be accepted.

• AML will not be liable for damages occurred while unloading the Goods at the delivery address.

• It is The Customer’s responsibility to ensure that the unloading of the Goods is made with due care and diligence.

 

4. Damages

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• All Goods must be examined by The Customer at the time of delivery.

• The signing of a delivery note shall be conclusive evidence as to The Customer’s acceptance of the Goods which are in order, undamaged and correct as to quality specification.

• AML shall not be liable in any way for any discrepancies, shortages, or incorrect specifications, quality or otherwise, unless the same are noted clearly on the delivery documents by The Customer upon receipt. 

• The Customer must not seclude or commence any installation work until after he/she has received all of the Goods from the order, and checked all the Goods for any defects, missing parts and damages.

• If Goods are damaged during transit or missing, AML will not be liable for their replacement, unless the damage is noted on the carrier’s delivery documents, and/or reported within 24 hours from delivery to AML.

• The packaging must be examined for damage in transit and if there is any it must be noted at time of signature on the delivery documents.

• AML will not be liable for damages occurred during unloading the Goods at the delivery address.

• It is The Customer’s responsibility to ensure that the unloading of the Goods is made with due care and diligence.

• Goods that are replaced due to damage, manufacturing faults, or any other reason, will be subject to normal delivery lead times. AML will make reasonable effort to reduce the lead time, but can accept no liability for subsequent delays or consequential losses.

• All claims for damages must be supported by photographic evidence and sent to us. In case of door or frame complaint the guarantee card provided with the doors is essential for processing any complaints.

 

5. Returns Policy

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• All unwanted Goods can be returned for a refund, but must be returned within 28 days after the delivery date. No refund will be issued on any non-stock or specially ordered products.

• The Customer must inform us of this refund request either by post or e-mail within this timescale.

• All Goods should be returned as received. They should be returned unused and undamaged in the original packaging materials or an equivalent, together with any paperwork that was included with them. (Please note that you have a legal obligation to take care of the Goods whilst they are in your possession, and we may have a right to claim compensation from you if you do not do this).

• For whatever the reason for returning the Goods, we request that The Customer contacts us to agree a practical way to return them in advance. 

• Once we have received the returned Goods we will inspect them and refund accordingly.

• AML will refund any money received from The Customer using the same method originally used by him/her to pay for the purchase.

• The Customer will be responsible for arranging delivery of the Goods back to AML.

• If Goods are returned to AML in a damaged condition which was not the declared reason for their return, a refund will not be provided. 

 

6. Liability

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• AML’s liability to The Customer in connection with any Goods purchased through the Site is strictly limited to the purchase price of the Goods in question.

• AML shall not be liable to the Customer in contract, common law or otherwise for any of the following losses or damages, arising out of, or in connection with, the supply, non-supply or delay in supplying the Goods or otherwise in connection with the Contract:

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a. loss of income or revenue;

b. loss of business;

c. loss of profits or contracts;

d. loss, costs, damage, costs or expenses incurred by the Customer as a result of third party claims;

e. loss of actual or anticipated profits;

f. loss of business opportunity;

g. loss of anticipated savings;

h. loss of goodwill;

i. injury to reputation;

j. loss of production;

k. loss of contribution to overheads;

l. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

m. loss of life;

n. or any indirect, special or consequential loss or damage howsoever caused.

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• AML will not be liable for any loss or delays arising from circumstances beyond our control.

 

7. Notices

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In certain circumstances, the law requires that AML must communicate with The Customer in writing. When using the Site, The Customer accepts that our principal means of communicating with him/her will be by electronic means. AML will contact The Customer by e-mail or provide him/her with information by posting notices on the Site. For the purposes of The Customer’s  contract with AML, The Customer agrees to our communicating with him/her by electronic means, and  acknowledges that any contracts, notices, information and other communications that AML provides to The Customer by those means comply with any legal requirements that such communications be in writing. The Customer’s statutory rights are not affected.

 

8. Law and Jurisdiction

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Contracts for the purchase of Goods through the Site will be governed by Scots Law. Any dispute arising from, or related to, such Contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Scotland.