Terms and Conditions
This website www.trade1st.co.uk is owned and operated by Bromborough Paint & Building Supplies Ltd. As a User of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions (the "Terms") below which includes any hyper-linked sections. These Terms apply to the sale and supply of goods Bromborough Paint & Building Supplies Ltd ("Bromborough Paint/We/Our/Us") to you. We recommend that you print out a copy of the Terms for your records. Please also click and view our Privacy and Security Policy. The submission of your order will form an offer to purchase the Goods and our email accepting your order will constitute the formation of a legally binding contract between us. If you do not accept the Terms please terminate this session immediately (if you have ‘logged in’ and have products in your trolley please empty your trolley before you ‘log out’). Please note that use of this Web Site is restricted to customers from UK.
All orders that you place on this Web Site will be subject to acceptance in accordance with these Terms. These Terms may be amended at any time by Bromborough Paint. They may also be extended to include other conditions applicable to specific goods or services offered by Bromborough Paint from time to time. It is your responsibility to read the Terms every time you place an order. Bromborough Paint reserves the right in its absolute discretion at any time and without notice to remove, amend or vary the content, which appears on any page of the Web Site. This Web Site is directed towards businesses and it is assumed that each order is placed on behalf of a business. By your acceptance of these terms you confirm that you have the necessary authority to bind the business you are placing the order on behalf of. You agree, by your acceptance of these Terms, that any material, information and ideas that you transmit to this Web Site or otherwise shall become and shall remain the property of Bromborough Paint.
If you wish to register with us you should complete the online registration form giving a user ID and password, which should be kept secure at all times, after which you will become a Registered User. Registration will enable you to have your details retained in our database for future convenience. Non-Registered Users may still browse the Web Site and place orders. The details provided by you on Registration are important and you confirm and undertake that all such information is true, correct and complete in all respects. You agree to notify us immediately of any changes that are relevant to your registration by updating your details on this site by clicking on My Account.
The "Goods" means the items purchased by you from us via this website, the sale and supply of which are subject to these Terms; Bromborough Paint will sell and you will purchase the Goods on these Terms. Bromborough Paint reserves the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements, or where the Goods are to be supplied to Bromborough Paint specifications, which do not materially affect their quality or performance. Whilst all sizes and measurements are approximate only we will use our best Endeavour’s to ensure that they are as accurate as possible.
You will be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving any necessary information relating to the Goods and delivery requirements within a sufficient time to enable Bromborough Paint to perform the contract in accordance with the Terms. We do not file details of your order for you to subsequently access direct on this website unless you are a Registered User in which case you can view all the products ordered on this site by clicking on Order History in 'My account'. In addition, we suggest that you print out a copy of all order confirmations for your own records. Once your order has been submitted, we will email you confirming your order. This confirmation email will form our acceptance of your offer and will constitute the formation of a legally binding contract between us.
The price of the Goods will be Bromborough Paint quoted price, all costs or charges in relation to packaging, loading, unloading, carriage and insurance. Bromborough Paint reserves the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Bromborough Paint which is due to any factor beyond the control of Bromborough Paint (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture). Any such increase in price shall be intimated to you and you shall have a period of five working days to confirm whether you wish to proceed with the Order. Your failure to reply to our said intimation will be deemed to be acceptance of the price increase. Any increase in price due to a change in delivery dates, quantities or specification of the Goods which is requested by you, or any delay caused by any instructions of you or failure of you to give Bromborough Paint adequate information or instructions may also result in an increase in price, which will not be subject to further agreement by you. We try and make sure that all prices on our website are correct but occasionally errors may occur. If we identify a pricing error with the goods you have ordered we will attempt to contact you and you can either accept the correct price and confirm you wish to proceed with the new order or cancel it. If we are unable to contact you we will automatically cancel the order and if a refund is due you will be refunded.
All users are required to provide card details when placing an order as Bromborough Paint is entitled to payment for the Goods before commencing delivery of the Goods. If you fail to make payment for the Goods Bromborough Paint will be entitled to cancel the contract or suspend delivery of the Goods to you until payment is made in full. You are responsible for maintaining the confidentiality of your user ID and your chosen password. As a result, you are fully responsible for all activities that occur under them. You must contact us immediately of any unauthorised use to which you became aware. Bromborough Paint reserves the right to limit sales at its sole discretion and without explanation.
This website is restricted to the delivery of Goods to the UK only. Delivery of the Goods will be made once the Goods have been delivered to the place of delivery notified by you to Bromborough Paint and the accompanying consignment note has been signed by an individual aged 18 or over on your behalf. It will be your responsibility to check that the number of boxes or items delivered matches the accompanying consignment note before signing. We aim to deliver a very high standard of service and we will make every effort to deliver the Goods, as near to the specified delivery date as possible, however delays are sometimes inevitable due to unforeseen factors. Therefore, any dates quoted for delivery of the Goods are approximate only and Bromborough Paint will not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the contract. The Goods may be delivered by Bromborough Paints in advance of the quoted delivery date. If Bromborough Paint fails to deliver the Goods for any reason other than any cause beyond Bromborough Paint reasonable control or your fault, and Bromborough Paints is accordingly liable to you, Bromborough Paint liability shall be limited to a refund of the Price of the Goods. If you fail to take delivery of the Goods or fail to give Bromborough Paint adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of Bromborough Paint fault) then, without prejudice to any other right or remedy available to Bromborough Paint, Bromborough Paint may: store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
Risk and Property
Risk of damage to or loss of the Goods will pass to you at the time when Bromborough Paint has tendered delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Terms, the property in the Goods will not pass to you until Bromborough Paint has received cleared funds in full payment of all sums due.
Warranties and Liability
Subject to the conditions set out below Bromborough Paint warrants that the Goods will correspond with their specification at the time of delivery. Where Bromborough Paint sells Goods supplied by a Third Party, Bromborough Paint does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but will assign to you the benefit of the manufacturer’s warranty given by the third party supplying the Goods to Bromborough Paint. The above warranty will be assigned by Bromborough Paint subject to the fact that Bromborough Paint shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, or storage in a hostile environment, failure to follow Bromborough Paint instructions or a third party’s instructions (where the Goods have been supplied by a third party to Bromborough Paint - whether oral or in writing) misuse or alteration or repair of the Goods without Bromborough Paint approval. Subject as expressly provided in these Terms, all warranties, conditions or other Terms implied by statute or common law are excluded to the fullest extent permitted by law. Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by you) be notified to Bromborough Paint within 5 working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify Bromborough Paint accordingly, you will not be entitled to reject the Goods and Bromborough Paint shall have no liability for such defect or failure and you will not be entitled to a refund of the price (if applicable) as if the Goods had not been delivered in accordance with the contract. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Bromborough Paint in accordance with these terms, Bromborough Paint shall be entitled to replace the Goods (or the part in question) free of charge or, at Bromborough Paint sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but Bromborough Paint shall have no further liability to you. Except in respect of death or personal injury caused by Bromborough Paint negligence, Bromborough Paint shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit, goodwill or reputation or otherwise), economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings) costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Bromborough Paint, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and the entire liability under or in connection with the contract shall not exceed the price of the Goods paid by you for the Goods supplied, except as expressly provided in these terms. Notwithstanding the above, Bromborough Paint aggregate liability (whether in contract, tort or otherwise) for loss of damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Goods in respect of one incident or series of incidents attributable to the same clause. Bromborough Paint shall not be in breach of contract by reason of any delay in performing, or any failure to perform, any of Bromborough Paint obligations in relation to the Goods, if the delay or failure was due to any cause beyond Bromborough Paint reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Bromborough Paint reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Bromborough Paint or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
You have a period of 14 days (the "Cancellation Period") within which to withdraw from the contract between you and Bromborough Paint by notice in writing to Bromborough Paint. The Cancellation Period begins the day after the day the Goods are delivered to you.
Without prejudice to your statutory rights, Goods may only be returned if they are unused, unassembled, in their original packaging and in a resalable condition. Goods to be returned will be collected by us or our agents. Bromborough Paint s reserves the right to charge a minimum handling fee of 15% of the value of the goods for items returned when orders were placed in error or not wanted. This will be deducted from any refund given. Goods to be returned will be kept safe and secure until such time as they are collected by us. Any damage to the Goods will be deducted from any refund given in addition to the minimum handling fee (if applicable) referred to above. We will refund the price of the Goods (if a refund is applicable) to you less any deductions in terms of the above clause once the Goods have been examined and within 30 days of their collection from you by Bromborough Paint.
All Copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of this site shall remain at all times vested in us and our licensors. You may only use this material only as expressly authorised by our licensors and us. You may only download the material and content contained within this site for the purpose of using this site and any other use of the material and content of this site is strictly prohibited and you agree not (and agree not to assist or facilitate any third party) to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The contents of these pages are copyright © Bromborough Paint & Building Supplies Ltd 2017. You may only download the material and content contained within this site for the purpose of using this site and any other use of the material and content of this site is strictly prohibited, without our prior consent in writing. By your use of this site you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. None of the content of this web site may be copied or otherwise incorporated into or stored in any other design, logo, web site, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, linking to or framing of this site or any part of it is not permitted without express permission.
This Web Site and all information, names, images, logos and icons is provided on an 'as is' basis without any representation or endorsement made and without any warranty or condition of any kind given, whether express or implied, including, but not limited to, any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, accuracy, currency or non-infringement of any intellectual property right. No information, whether oral or written, obtained by you from Bromborough Paint shall give rise to any duty of care, contract, warranty or any other obligation which is not expressly stated. Further, whilst information is given and updated in good faith, Bromborough Paints does not warrant that the information contained on this web site will always be complete, accurate, up-to-date or reliable. You are solely responsible for the content of any comments made in any transmissions and you are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under law. Bromborough Paint assumes no responsibility or liability for any information published on this web site and further disclaims all liability in respect of such information. In particular, Bromborough Paint hereby excludes all liability for any claims, losses, demands or damages whatsoever in relation to any information, content, advertisements, procedures, products or methods contained in or referred to in the material published on the site. No exclusion is made however in respect of death or personal injury arising from our negligence. Bromborough Paint makes no warranty or representation that the use of this web site will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs.
These terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except with the prior written approval of Bromborough Paint. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Bromborough Paint reserves the right to terminate the contract as set out in these Terms, by notice to you sent via e-mail, fax or by letter addressed to you as set out in your registration details. Termination will occur at the time Bromborough Paint transmits the message or posts the letter. Any communication sent electronically by e-mail or otherwise will be deemed to have been sent once it enters a system for generating, sending, receiving, storing or otherwise processing electronic communications ('Information System'); will be deemed to have been received by you at the time that in a readable form it enters an Information System which is capable of access by you; will be deemed have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides; and will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides. You must not assign or sub-contract any of your rights or obligations under these Terms or any related order for Goods to any third party unless agreed upon in writing by Bromborough Paint. Bromborough Paint reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of it's right or obligations under these terms and conditions or any related contract to any third party. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. No failure or delay of Bromborough Paint to exercise any powers, rights or remedies under these terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. To be effective any waiver must be in writing and signed by an authorised representative of Bromborough Paint.
BROMBOROUGH PAINT & BUILDING SUPPLIES LTD is a Company incorporated in England Company Number 00867825 with our registered office and place of business at 38 Bromborough Village Road, Bromborough, Merseyside, CH62 7ET. United Kingdon. VAT Number 163349754. For contact numbers please go to Contact Us.