Terms & Conditions
These are the terms and conditions of Lothian Building Supplies Ltd, a company registered in Scotland under company number SC242078, and with registered office at Unit 4, Macmerry Industrial Estate, Tranent, East Lothian EH33 1RD (“we” or “us”).
These terms and conditions apply to you when you make a purchase of goods from us. If you do not agree with these terms and conditions, please do not proceed to make a purchase.
How the contract works
When you place an order with us for goods, whether online, over the phone or in person, we will provide you with a quotation to confirm the price, specification and quantity of goods you have enquired about. Our quotation is an offer to you, and is only valid for 7 days.
When you confirm your agreement to our quotation (whether by phone, online or by email), you and us have a legally binding contract, comprising the quotation and these terms and conditions.
Online orders
Where you place an order on our website (lothianbuildingsupplies.com), you will be directed to a page that allows you to place your order and enter your payment details. Once you make payment, our website will automatically generate a payment confirmation email to you. On the next working day, a member of our team will call you to confirm the order and arrange delivery.
Depot orders
Where you place an order directly with our depot, you are offered the option to pay upfront or via a credit account. In either case, once you have confirmed your acceptance of our quotation (including verbally, over the phone), a binding contract comes into existence.
We accept payment upfront (using cash or card), or via credit account. Where you have set up a credit account with us, all payments made in any month are paid for at the end of the month.
Where you operate a credit account with us, we are entitled to terminate this account at any time, for any reason, including where we have reasonable concerns that you may be unable to make payments on your credit account on an ongoing basis. This means we are also entitled to cancel orders that have been placed, but not yet paid for.
Pricing
Our pricing is as specified in the quotation. This is regardless of the pricing that may be displayed in our marketing material or on our website.
Generally prices quoted over the phone are exclusive of value added tax, where applicable and tax is shown at the bottom of any quote, but prices online on our website are shown including VAT.
Delivery
Please note that delivery dates are approximate, although we will always do our best to meet your requirements. We will call you the day before delivery to confirm the timeframe for delivery the following day. We may make partial deliveries to you, depending on stock availability.
Please make sure that your premises is suitable for accepting the delivery, and that there is adequate access to the premises and space to leave the delivery, where this is required.
If you are unable to accept delivery of goods at any time for any reason, you are responsible for compensating us for storage and insurance of those goods until delivery can be made.
Risk and title to the goods passed to you on delivery, where you have made payment in advance. Where you are operating a credit account with us, title to the goods does not pass until you have settled your credit account at the end of the month. This means that we own the goods until this time, although you are responsible for insuring them and keeping them safe. Until title transfers, you should keep the goods received from us separate and easily identifiable.
If you do not make payment at the end of the month, we are entitled to enter your premises and retrieve the goods that have not been paid for.
You are deemed to have accepted delivery where you (or your agent) has signed for the delivery, or where we have complied with your instructions for delivery (for instance, to leave the goods in a safe place).
If you wish to make a claim for non-delivery, please email this to info@lothianbuildingsupplies.com
If you wish to make a claim for damage to the goods in transit, please do so by email to the above address within 7 days of delivery.
Your right to cancel
Where you purchase goods from us as a consumer, this section will apply to you. This does not apply to you where you make a purchase in the course of your trade, profession or business.
As a consumer, you have 14 days from the date of receipt of the goods to cancel your order for any reason. If you wish to exercise this right, please email us at info@lothianbuildingsupplies.com
We will be happy to accept a return of the goods, and provide you with a refund, provided that:
- The goods are in the same condition as they were on delivery, in their same packaging, and packaging is undamaged
- The goods have not been made to your bespoke requirements
- You make payment for the delivery (which may include us arranging for a specific type of vehicle to come to your premises to collect the goods, depending on their nature)
We also cannot accept returns of the following goods:
- Powdered products, such as cement, postmix, plasters or fillers
- Perishables and other items that may deteriorate with a short shelf life
- Building chemicals such as silicones and wood fillers
- Paint
- Bulk bags/poly bags of aggregates, topsoil, sand and decorative bark
- Specially sourced and/or machined timber or sheets
- Artificial grass which has been cut to order
- Products that are not stocked by us and have been purchased specifically for your order
- PIR insultation boards
These goods are not accepted for return on the basis that they can deteriorate quickly.
This does not affect your statutory rights.
Issues with products
If we have delivered goods to you that are of unsatisfactory quality, not fit for purpose, or not as described, you may contact us by email for a refund, repair or replacement within 30 days of the date of delivery.
After 30 days, you are entitled to a repair or replacement only, but not to a refund.
Cancelling your order
Once you have made payment for the goods, a legally binding contract is formed. You cannot cancel your order (subject to your consumer rights, described above).
We may cancel your order at any time. Where we do so, we will refund you the price you have paid.
Liability
Our liability under these terms is limited to the value of the goods you have purchased. We are not liable for any indirect, special or consequential loss, including loss of profit, loss of revenue, loss of goodwill or loss of business opportunity.
Nothing in these terms is intended to exclude or limit our liability for death or personal injury caused by negligence.
We are not liable for any failure to perform our obligations under these terms where this is due to a force majeure event, being an event that occurs outside our control. This may include, but is not limited to, an Act of God, an earthquake, fire, storm, natural disaster, failure of our third party suppliers, strike, industrial action, war, terrorist attack, epidemic, pandemic or government rules or regulations.
General
No third parties have any rights under these terms and conditions, and the Contract (Third Party Rights) (Scotland) Act 2017 is expressly excluded.
These terms and conditions are not capable of being assigned or transferred by you.
We process your personal data in accordance with the UK Data Protection Act 2018, and our privacy policy, which can be found on our website www.lothianbuildingsupplies.co.uk or is available on request.
These terms and conditions, and any non-contractual obligations arising hereunder, are governed and construed in accordance with Scots law, and the Scottish courts have exclusive jurisdiction to deal with any dispute arising hereunder. These are the
terms and conditions of Lothian Building Supplies Ltd, a company registered in
Scotland under company number SC242078, and with registered office at Unit 4,
Macmerry Industrial Estate, Tranent, East Lothian EH33 1RD (“we” or “us”).
These terms and
conditions apply to you when you make a purchase of goods from us. If you do
not agree with these terms and conditions, please do not proceed to make a
purchase.