By placing orders for goods on this website will mean that you agree to be bound by the most current version of the Sales Terms. These Sales Terms apply to all contracts between you and us. These Sale Terms may be changed at any time by us. If we make any changes to these we will include a notice on the Home Page and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration.
These Sales Terms were last updated on 1st January 2018.
"we", "us", "our", WEST'S DIY Limited, 10 Apple Tree Mews, Kippax, Leeds, West Yorkshire, LS25 7SE.
"you", "your" means the person ordering products under these Sales Terms.
"working days" means all days other than Saturdays, Sundays, Public Holidays and Days that we are closed.
1 You the Customer
1.1 By placing an order through our website, you agree to the following:
1.2 You are 18 years of age or over;
1.3 You have read and understood these Terms & Conditions of Sale;
1.4 You are legally capable of entering into a binding contract.
2.2 For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is WEST'S DIY Limited of 10 Apple Tree Mews, Kippax, Leeds. West Yorkshire, LS25 7SE
2.3 Information that you provide by filling in forms on our site www.westsdiy.co.uk This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by WEST'S DIY Limited or when you report a problem with our site;
2.3.1 We may collect and process the following data about you:
2.3.2 If you contact us, we may keep a record of that correspondence;
2.3.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
3.3.4 Details of transactions you carry out through our site and of the fulfilment of our orders;
2.3.5 Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access
2.4 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to a to estimate our audience size and usage pattern; to store information about your preferences, and so allow us to customise our site according to your individual interests; to speed up your searches; and to recognise you when you return to our site
2.7 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone
2.8 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access
2.9 We use information held about you in the following ways
2.9.1 to ensure that content from our site is presented in the most effective manner for you and for your computer
2.9.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
2.9.3 to carry out our obligations arising from any contracts entered into between you and us
2.9.4 to allow you to participate in interactive features of our service, when you choose to do so; and
2.9.5 to notify you about changes to our service
2.10 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006
2.11 We may disclose your personal information to third parties:
2.11.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, or
2.11.2 If substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets, or
2.11.3 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms; or to protect the rights, property, or safety of our self, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction
2.12 If you have the right to ask us not to process your personal data for marketing purposes we will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
2.13 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
2.14 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
2.15 We do not store your credit or debit card details under any circumstances.
3 Placing an order from us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
3.4 You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order and we will not be obliged to accept an order unless all details requested on the order have been entered correctly.
3.5 We are entitled to refuse any order placed by you and will not be required to provide an explanation.
4 Prices and Payment
4.1 The price of any Products will be as priced on our site from time to time, except in cases of obvious error. All prices and transactions will be in UK £ Sterling.
4.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as detailed on our website.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4.4 We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
4.5 In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery.
4.6 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price; we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
4.8 Payment for all Products must be by credit or debit card or other means accepted by our check-out payment process. By placing an order, you, the buyer, consent to payment being charged to your credit or debit card account or any other method of payment processed by our check-out payment procedures.
4.9 The Products will be at your risk from the time of delivery.
4.10 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5.1 We will deliver the goods to the address as listed by the payment card holder only. A valid signature will be required on delivery of the goods to you.
5.2 We will normally expect to make delivery to you within 5 to10 days of receipt of your order. In the event that we are unable to deliver any item on your order within 14 days of receipt of your order, we will give you the option of cancelling your order for that item.
5.3 You must do all that you reasonably can to ensure that delivery can take place. If you have not received all the goods within the stated delivery time you must notify us immediately at email@example.com
5.4 We reserve the right to charge additional delivery charges if the goods are returned to us after 2 delivery attempts by our courier to you and you have not accepted delivery of such goods.
5.5 We reserve the right to charge additional delivery charges for all goods to be delivered to Northern Ireland, Republic of Ireland, Scottish Islands, Channel Islands, Isle of Man, and all other areas outside the UK. These additional charges will be determined by location and weight. Please e-mail us at firstname.lastname@example.org for a quote prior to placing your order.
6 Our Products
6.1 Our website offers DIY & Tools, Gardening, Plumbing, Electrical, Security & Fire, Car Care, Pet Care, Stationery and Seasonal related products for sale to you at the prices quoted therein.
6.2 Products may be updated and improved by us or by our suppliers without product illustrations being updated.
6.3 At certain times the colour of products may differ from the product illustrated.
6.4 All photographs of the Products and Product images are for illustrative purposes only.
6.5 We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods in the same condition in which you received them for a full refund within 7 working days from the date of delivery, should the substituted product not be acceptable to you. In such cases, the cost of returning the goods will be met by us.
6.6 All Products on the website are sold subject to compliance with the laws of England and Wales. If you are not intending on using the Products in England and Wales Scotland, Ireland, Northern Ireland please contact us prior to placing your order to ensure the Products are suitable for use in the jurisdiction you are intending to use them in.
7 Consumer Rights
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 to 9 below).
7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 This provision does not affect your statutory rights.
8 Our Refunds Policy
8.1 When you return a Product to us:
8.1.1 Because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
8.1.2 for any other reason (for instance, because you have notified us in accordance with clause 8.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 28 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.2 You must notify us immediately of any alleged defect in or damage to the goods within three days from the date of delivery, via e-mail to email@example.com
8.3 All returned products must be in their original packaging.
8.4 We will not accept responsibility for returned items damaged or lost in the post. We therefore advise you to take out postal insurance.
8.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9 Our Liability
9.1 Our liability for losses you suffer as a result of us breaking this Agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us
9.2 We shall be under no liability in respect of any defect arising from; fair wear and tear, wilful damage, negligence, abnormal working conditions and use of goods, failure to follow manufacturer’s instructions and guidelines, misuse or alteration or repair of the goods or any failure or defect arising out of use of Products which are designed specifically for use in England and Wales when those Products are being used by you outside of England and Wales.
9.3 This does not include or limit in any way our liability:
9.3.1 For death or personal injury caused by our negligence;
9.3.2 Under section 2(3) of the Consumer Protection Act 1987;
9.3.3 For fraud or fraudulent misrepresentation; or
9.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
9.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
9.5.1 loss of income or revenue;
9.5.2 loss of data;
9.5.3 loss of profits or contracts;
9.5.4 loss of anticipated savings;
9.5.5 loss of business;
9.5.6 loss of data, or
9.5.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.6 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
10 Events Outside our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”)
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
10.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
10.2.3 Impossibility of the use of public or private telecommunications networks
10.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
10.2.5 Strikes, lock-outs or other industrial action
10.2.6 The acts, decrees, legislation, regulations or restrictions of any government
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event
11 Transfer of Rights and Obligations
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract
12 Your Warranty
12.1 You, the buyer, warrant that all details provided on the order for the purpose of purchasing the Products are correct, that the credit or debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Products.
13.1 We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
13.2 All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods
13.3 We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or the entire website without notice or liability
14 Our Right to vary these Terms and Conditions
14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products
15 Queries and Complaints
15.1 We aim to respond to e-mail queries within 48 hours
15.2 In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done
16 Law and Jurisdiction
16.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing or via e-mail.
18.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
19 Intellectual Property
19.1 You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
19.2 The copyright in the material contained in this website and any trademarks and brands included in that material belongs to DO IT ALL Limited or its licensors.
20 Loyalty Points Scheme
20.1 The WEST'S DIY Loyalty Points Scheme, cards, coupons, vouchers and points, in whatever form, are issued by and remain the property of WEST'S DIY LIMITED which may, at any time, terminate the scheme or alter or amend the conditions of operation of the scheme
20.2 The WEST'S DIY Loyalty Points Scheme and card, in whatever form, is not transferable, cannot be copied and can only be used by the member who is named and registered for the Scheme, card and coupons and vouchers.
20.3 The WEST'S DIY Loyalty Points Scheme, accounts, cards, coupons, points and vouchers cannot be transferred, bought, sold or in any way traded.
20.4 Members can choose to leave the scheme at any time. By leaving the scheme members forfeit the right to any points or vouchers already accrued or issued.
20.5 Members may inherit the points or vouchers of a family member who has died by providing a written request informing us of the membership details of the deceased.
20.6 Members may be required to quote their loyalty points number to collect points on purchases made through any phone or online transaction.
20.7 WEST'S DIY LIMITED is entitled to remove loyalty points at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products with an equivalent points value.
20.8 Points have no value until used against a purchase on our website or over the phone by the loyalty card holder. The current conversion value of points is one point equals two pence.
20.9 WEST'S DIY Loyalty Points are valid for 3 years from date of issue beyond which they cannot be used or reissued. Vouchers that are lost or mislaid may be reissued with the original expiry date, providing they have not previously been redeemed. Additional terms and conditions may be found on the back of the vouchers.
20.10 Members can earn a maximum of 20,000 points in any one collection period.
20.11 Vouchers are the property of WEST'S DIY LIMITED and have no cash value. They are not for resale / publication and are valid in the UK only. Defaced / copied vouchers will not be accepted. Valid for use only by the recipient.
20.12 WEST'S DIY Loyalty Points awarded at the time of the transaction or vouchers already issued may be removed or cancelled if WEST'S DIY LIMITED determines that the points were collected in breach of these terms and conditions or were awarded in error.
20.13 WEST'S DIY LIMITED is under no obligation to award WEST'S DIY Loyalty Points for any reason outside of qualifying transactions.
20.14 The promoter of the WEST'S DIY Loyalty Points Scheme is WEST'S DIY LIMITED, 10 Apple Tree Mews Kippax, Leeds, West Yorkshire, LS25 7SE.