STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
These terms and conditions are the standard terms for the sale of goods by J and A Phillips Builders Merchants Limited. Registered in England & Wales. Registration number 8959963 whose registered address is Unit 3 Uskway Industrial Estate, Newport. NP20 2DS
General terms and conditions - UPDATED 20.03.2023
If you have any queries about these terms and conditions or if you have any comments or complaints, you can contact us at
staff@jandaphillips.co.uk or telephone number 01633 244073
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before you receive goods. This can be paid when the order is placed or before delivery of the items. Payment of the price for the goods represents an offer on your part
to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding
contract created between us.
2. Acknowledgement of your order
To enable us to process your order, online you will need to provide us with your e-mail address. We will notify you by e-mail as soon as
possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute
a contract between us.
3. Ownership of rights
All rights, including copyright, on our website are owned by or licensed to J and A Phillips Builders Merchants Limited. Any use of our
website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use,
is prohibited without our permission. You may not modify, distribute or repost anything on our website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights,dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that our website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using our website.
6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by
phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your
order.
7. Ordering Errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8. Price
The prices payable for goods that you order are as set out on our website exclusive of VAT. All prices are inclusive of VAT at the current rates at the checkout process and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Delivery charges
Delivery charges vary according to the location of the delivery address.
10. Delivery
10.1 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be
precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to
the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We
will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the
essence. If delivery is delayed, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
10.2 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
10.3 No responsibility will be accepted for any damage incurred when customer orders our vehicle off the public highway to effect delivery.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to collect the materials yourself or use
your own courier, then the risk passes to you as soon as the goods are handed to you or your courier. You will only own the goods once they have been successfully delivered.
12. Cancellation rights
12.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items or powdered products). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
12.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
12.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order) or if the supply of goods where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
12.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
12.5 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
12.6 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
12.7 We may make a deduction from your refund for any re-stocking charge loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example taking items out of a pack).
13. Cancellation by us
13.1 We reserve the right not to process your order if:
13.1.1 We have insufficient stock to deliver the goods you have ordered;
13.1.2 We do not deliver to your area; or
13.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
13.2 If we do not process your order for the above reasons, we will notify you as soon as possible and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
14. If there is a problem with the goods
14.1 If you have any questions or complaints about the goods please contact us. You can do so at staff@jandaphillips.co.uk
or telephone 01633 244073.
14.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
14.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the
cost of postage or collection.
15. Liability
15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 13), we will provide you with a full refund.
15.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
15.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or
other permits to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
16. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit 3 Uskway Industrial Estate, Newport. NP20 2DS and all notices from us to you will be displayed in our premises, on
our website from time to time or given to you verbally.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to
time and you should look through them as often as possible.
18. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the
enforceability of any other part of these conditions will not be affected.
19. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
20. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
21. Other Important terms
19.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.
19.2 Please adhere to the manufacturers instructions or recommendations when using or installing their products. All of the details are
available in the manufacturers brochures or are available from us on your request.
19.3 We are unable to accept the return of any powdered products
PRIVACY NOTICE - UPDATED SEPTEMBER 2023
BACKGROUND:
J&A Phillips Builders Merchants Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described
here, and in a way that is consistent with our obligations and your rights under the law.
1 - Information About Us
J & A Phillips Builders Merchants.Limited company, registered in England and Wales under company number 08959963. Registered address: Unit 3 Uskway Industrial Estate, Newport. NP20 2DS. VAT number: 379051632.
2 - What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3 - What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.
4 - What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you
need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
h) Rights relating to automated decision-making and profiling. We do not use your personal data in this way
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11. Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
5 - What Personal Data Do You Collect?
We may collect some or all of the following personal data (this may vary according to your relationship with us):
a) Name
b) Address
c) Email address
d) Telephone number
e) Business name
f) Payment Information
6 - How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:
a) Supplying our products or services to you. Your personal details are required in order for us to enter into a contract with you.
b) Communicating with you. This may include responding to emails or calls from you.
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email or telephone or text message or post with information, news, and offers on our products or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR
and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
We use the following automated systems for carrying out certain kinds of decision-making and profiling. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact us to find out more using
the details in Part 11.
The following automated decision-making method(s) may be used:
We use a Barclaycard terminal to accept card payments in person or over the telephone If in person, a PIN number is entered. If payment taken over the telephone we are required to provide the card number, expiry date, Security Code (on the signature strip of the card), numbers from post code and house number. Barclaycard will issue us with a decision whether the payment
has been accepted or declined. We remain compliant with the Payment Card Industry Data Security Standard (PCI DSS) version 3.2 and is reviewed on an annual basis.
The following automated profiling may take place:
We use Experian to assist us in making a decision when a customer applies for a credit account. This is an information only website and does not make any decisions for the company.
We have a credit insurance to insure our credit account customer balances. Information will be sent to the current insurer as a matter of course to make any decisions for the company and to control our offer of credit limits.
7 - How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to
determine how long it is kept):
We are required to keep bookkeeping records for 7 years for the purpose of HMRC and VAT. This includes invoices which show name and address details [We need to keep copies of card receipts for 3 years]
8 - How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.
The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:
a) Invoices are stored in Staff Only areas which are only accessible through a key code
b) All confidential waste is kept in a locked cabinet and is destroyed on site every 8 weeks.
9 - Do You Share My Personal Data?
We may sometimes contract with the following third parties to supply products to you on our behalf. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that
we hold.
a) Concrete Manufacturers for direct loads (on customer request) of Blocks. The companies we use are Gryphonn Concrete and Castle Concrete Products.
b) Sand and Stone Suppliers for direct loads (on customers request) of Aggregates. The companies we use are Breedons and Alan Counsell.
c) Premier Forest for any Truss enquiries.
d) Concrete beams direct delivery will be sent to F.P. McCann Limited.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved
in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10 - How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
11 - How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use
the following details
Email address: staff@jandaphillips.co.uk
Telephone number: 01633 244073.
Postal Address: Unit 3 Uskway Industrial Estate, Newport. NP20 2DS.
12 - Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our
business in a way that affects personal data protection.
Any changes will be made available on our website www.jandaphillipsbuildersmerchant.co.uk or a hard copy can be requested.
Last update to Privacy policy: 08.09.2023