Terms


 

diy2go.com Terms & Conditions
Last updated: 05 February 2011


‘diy2go’ is a trading name of DIY2GO Limited, Registered in England and Wales Number 5050601
 



Copyright

All rights, including copyright and database right, in diy2go websites and its contents, are owned by or licensed to diy2go, or otherwise used by diy2go as permitted by applicable law. In accessing the diy2go web pages, you agree that you will access the contents solely for your own private use but not for any commercial or public use. You can download and use the service on a single CPU at a time and you can print out a single hard copy of any part of the content on the diy2go websites for your personal use. Except as permitted above, you undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of diy2go websites without the prior written permission of diy2go or in accordance with the Copyright, Designs and Patents Act 1988.
 



Terms and Conditions

Access to, and use of, diy2go websites is provided by DIY2GO Ltd subject to the following Terms and Conditions:

1. Use of diy2go websites constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. DIY2GO Ltd reserves the right to change these terms and conditions at any time by posting changes online.

2. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of diy2go Websites after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

3. diy2go websites are available only to individuals who can form legally binding contracts under applicable law. The contents of our websites are suitable for and thus aimed at users of 18 years of age and over, you must be at least 18 years old to purchase products on diy2go websites.

4. Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of diy2go. You agree not to adapt, alter or create a derivative work from any of the material contained in diy2go websites or use it for any other purpose other than for your personal non-commercial use. You agree to use diy2go websites only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of diy2go websites by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within diy2go websites.

4. diy2go websites and the information, names, images, pictures, logos and icons regarding or relating to diy2go, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will diy2go be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site. diy2go does not warrant that the functions contained in the material contained in diy2go websites will be uninterrupted or error free, that defects will be corrected, or that diy2go websites or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials. The names, images and logos identifying diy2go companies and brands, or third parties and their products and services are proprietary marks of diy2go and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or patent of diy2go, or any other third party.

5. No contract will exist between you and diy2go for the sale of products by us to you until we have received your payment in full. This will be deemed to be our acceptance of your order and to have been effectively communicated to you. Our acceptance of your order will create a legally binding contract between us. This is to be interpreted and enforced with the laws of England, in its entirety and will be subject to the jurisdiction of the English courts. For the avoidance of doubt, any such contract will be deemed to have been concluded in England. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and you and diy2go irrevocably submit to the non-exclusive jurisdiction of the English Courts.
 



Pricing, Availability and Delivery

6. The delivery times given are approximate and delays can sometimes occur. You will receive an email when your order is dispatched. Please note that estimated times are based on working days only.

7. Our availability information is updated regularly but it is possible that in some instances, a product may become unavailable between updates. In such cases, we will recommend a suitable alternative product for you to consider. We will also let you know if it's advisable to cancel your order.

8. On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.

9. If we discover a pricing error for an item in your order, we will cancel the order and contact you as soon as possible. We will give you the option of re-ordering the item at the correct price. If we are unable to contact you, the order will remain cancelled. Products made to order may take over 28 days to manufacture, if this occurs we will inform customers as soon as possible.

10. Payments will only be taken in British Pounds Sterling at the price shown for the product in British Pounds Sterling.

11. We reserve the right to change prices listed without notice. All orders for products are subject to availability and we reserve the right to refuse to supply to any individual or company at our discretion.
 



Carriage

12. Carriage costs shown within the body of the website are intended as a guide only, and may be subject to change when the delivery address is confirmed at Checkout.
 



Payment Details

13. Payment methods are as detailed on the website and include credit card, debit card and cheque.

14. If you pay by card, we take payment from your card at the time we receive your order, once we have checked your card details and stock availability.

15. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

16. Payments by credit card will incur a 3% surcharge. 
 
Stortages / damaged parts
 
17. All shortages / damaged parts must be notified within manufacturers’ timescales, within 48 hours of delivery. We therefore suggest all customers check for shortages as soon as they receive their conservatory.
 

Product Guarantee

 

18. 

  1. Definitions
  2. In these conditions (unless the context otherwise requires):
    • “Buyer” means the person, firm or company with whom the contract is made;
    • “Company” means DIY2Go Ltd and also (where the context so permits) its assigns and any sub-contractor for the said company;
    • “Companies Premises” means the premises mentioned in the companies quotation or other contractual documents in respect of the goods or if not so mentioned means the company’s premises at Cooke Works Denton;
    • “Contract” means the contract between the buyer and the company for the sale and purchase of goods.
    • “goods” means the goods (or any installment or part of them) to be supplied pursuant to the contract;
  3. Words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa.
  4. The headings in these conditions are intended for reference only and shall not affect their construction.
  5. General
  6. These conditions shall apply to the contract to the exclusion of any other terms and conditions contained or referred to in any order, letter, form of contract or other communication sent by the Buyer to the Company and the provisions of these conditions shall prevail unless expressly varied in writing and signed by a director on the company’s behalf.
  7. Any concession made or latitude allowed by the company to the Buyer shall not affect the strict rights of the Company under the Contract.
  8. If in any particular case and of these conditions shall be or be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
  9. Delivery
  10. No liability (whether in contract or for negligence or otherwise howsoever) for loss of or damage to the goods occurring prior to delivery or for any claim that any item delivered pursuant to the contract is defective or is otherwise not in accordance with the contract (being a defect or loss, damage or non-compliance which would be obvious upon a reasonable inspection of the goods) or for non-delivery will attach to the Company unless claims to that effect are notified in writing by the Buyer to the Company (and in the case of claims for loss, damage or non-delivery with a copy to the carrier if the Company’s own vehicles have not been used to deliver the goods.) Please note that products may be delivered in more than one delivery. Conservatories and steel bases are sent out under separate cover. We do not advise instructing fitters or builders prior to the arrival of the products ordered.
    • Within 7 days of delivery for loss, damage, defect or non-compliance with the Contract; or
    • Within 10 days of the date of delivery for non delivery.
  11. In the event of a valid claim for defect, loss, damage, or non-compliance with the Contract or non-delivery the Company undertakes at its option to either to reprocess or replace the items concerned at its expense but shall not be under any further or other liability in connection with such non-delivery, loss, damage or non-compliance.
  12. If the Buyer shall fail to give notice in accordance with condition 10 above the items delivered shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Buyer it shall be bound to accept and pay for the same accordingly and all claims in respect of non-delivery, loss, damage, or non-compliance shall (save as set out in condition 5 below) thereafter be wholly barred.
  13. Conditions and warranties
  14. Sealed glazed units may suffer minor imperfections, such as bubbles, blisters, hairlines, blobs, fine scratches or small pinpricks, which when viewed at 90 degrees in normal daylight and from 3 metres are not obvious. These imperfections are not covered by clauses 10, 11 and 12. Excluded from this warranty is any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence, faulty installation by you or any third party, the use of silicone sealant in glazing the product causing seal failure, or any alterations or repair carried out without our approval. No warranty is given by the Company that the installation of double glazed units will reduce the incidence of condensation, and in no circumstances whatsoever will the company be liable in respect thereof.
  15. Defective Goods
  16. Subject to clause 17, in substitution for all rights which the buyer would or might have but these conditions the Company undertakes that in the case of any goods manufactured by the Company that if within 28 days of delivery a defect in materials or workmanship appears therein being a defect which would not be obvious on reasonable inspection thereof (whether such an inspection was carried out or not) it will at its own discretion either credit to the Buyer the full price paid by the Buyer to the Company for such item or repair it or supply a replacement thereof free of charge at the place of delivery specified by the Buyer for the original goods provided that in any case the original goods have been accepted and paid for and have been handled, stored, installed, maintained and applied in compliance of any guidelines issued by the Company.
  17. The Company undertakes that in relation to:
    • white and woodgrain profiles (not including rain water gutter systems) it will replace or repair, at our option, free of additional charge Goods found by the Buyer to be defective in their aesthetic or mechanical functionality within a period of 10 years from the date of delivery provided the Buyer notifies the Company within 28 days of discovery of the defect;
    • rainwater gutter systems and coloured components (excluding brown or caramel gutter where no guarantee will apply) it will replace or repair, at our option, free of charge Goods found by the Buyer to be defective in their aesthetic or mechanical functionality within a period of 5 years from the date of delivery provided the Buyer notifies the Company within 28 days of discovery of the defect; and
    • powder coated aluminium components it will replace repair, at our option, free of additional charge Goods found by the Buyer to be defective in their aesthetic or mechanical functionality within a period of 10 years from the date of delivery provided the Buyer notifies the Company within 28 days of discovery of the defect
    • Sealed glazed units to replace a unit suffering seal failure within a period of 10 years of manufacture, provided that this unit has been correctly installed.
  18. In the case of goods not manufactured by K2 Conservatories Ltd, the company will pass on to the Buyer to the extent that it is able any benefits obtainable under any warranty given by product manufacturer's supplier provided that the goods have been accepted and paid for.
  19. The Company reserves the right to verify any claims made by the Buyer under this condition 5 by way of an inspection of the goods, which may be prior to their return to the companies premises, if it so wishes.
  20. In order to exercise its rights under this condition the Buyer shall inform the Company in writing within 28 days of the date when such a defect appeared or ought reasonably to have been discoverable and shall at the Companies written request return the defective goods carriage paid to the companies premises.
  21. Nothing herin shall impose and liability upon the company in respect of any defect in or damage to the Goods arising out of the acts, omissions, negligence or default of the Buyer, its servants or agents including in particular (but without prejudice to the generality of the foregoing failure by the Buyer to comply with any recommendations of the Company as to storage, handling and care of the Goods or any damage or defect caused by vandalism, misuse and wear and tear.
  22. Nothing herin shall have the effect of excluding or restricting the liability of the Company for death or personal injury resulting from its negligence in so far as the same is prohibited by United Kingdom Statue.
  23. The Company reserves the right to verify any claim under these terms with K2 Conservatories Ltd (the product manufacturer), for their acceptance and verification. The terms of this warranty are not valid without K2 Conservatories written acceptance of each claim; on a claim by claim basis. 

 

 

The above terms and conditions and for use on all consumer purchases. The following terms and conditions apply for business to business transactions.

BUSINESS TO BUSINESS TRANSACTIONS CONDITIONS OF SALE

 

1 Definitions

 

Business Customer means the person, firm or company placing an order with DIY2GO.

 

Contract means the contract for the supply Goods formed by DIY2GO’s acceptance (which, however made or communicated, shall be deemed made subject to these Conditions) of the Business Customer’s order.

 

Goods means all the goods or services which are the subject of the Business Customer’s order and which are to be supplied to the Business Customer by DIY2GO subject to these Conditions of Sale.

 

2 Formation of Contract

 

2.1 All Goods sold by DIY2GO are sold subject to these Conditions of Sale and these Conditions of Sale shall be the sole terms and conditions of any sale by DIY2GO to the Business Customer.  Terms and conditions on the Business Customers order form or other similar document shall not be binding on DIY2GO and the placing of an order for or the acceptance of the Goods by the Business Customer shall indicate unqualified acceptance of these Conditions of Sale.

 

2.2 No representative, agent or sales person has the authority of DIY2GO to vary, amend or waive any of these Conditions of Sale on behalf of DIY2GO and no amendment or addition to any of these Conditions shall be deemed to have been accepted unless accepted in writing by DIY2GO.

 

3 Quotations

 

The prices, quantities and delivery times stated in any quotation are not binding on DIY2GO.  They are commercial estimates only which DIY2GO will make all reasonable efforts to achieve.

 

4 Specifications

 

All drawings, photographs, illustrations, dimensions, weights and other technical information and particulars of the Goods whether included in the DIY2GO catalogue, web site or otherwise are given by DIY2GO in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of the Contract.

 

5 Orders and delivery 

 

5.1 Orders are accepted by DIY2GO subject to the availability of Goods for delivery.

 

5.2 Delivery is deemed to be complete

 

5.2.1 In the case of transport arranged by DIY2GO, at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading

 

5.2.2 In the case of goods to be collected by the Business Customer or the Business Customers carrier, the earlier of the date notified to the Business Customer by DIY2GO when the Goods are available for collection or the actual time and date when the Goods are loaded onto the Business Customers carrier

 

5.3 Times and dates named by DIY2GO for delivery are intended as estimates only and whilst DIY2GO will use all reasonable efforts to meet such delivery dates, it shall not be liable to the Business Customer for any loss or damage, whether direct, indirect or consequential if it is delayed or prevented, in whole or in part, from delivering the Goods, and the Business Customer will not be entitled to rescind the contract for late delivery whether or not such delay in delivery is caused by the fault of DIY2GO

 

5.4 If the Business Customer refuses or fails to take delivery of the Goods on the date of delivery, DIY2GO will be entitled at its discretion to store the Goods at the risk of the Business Customer and the Business Customer shall in addition to the price payable under clause 7 pay all costs and expenses of such storage and any additional costs of carriage incurred.

 

5.5 Unless otherwise agreed, delivery of Goods within mainland UK will be made at the cost of the Business Customer to the address specified in the Business Customer’s order by any method of transportation regarded as suitable by DIY2GO at its discretion and delivery of Goods destined for export outside the UK will be as stated in the Contract.

 

5.6 The Business Customer shall provide at the address specified for delivery, and at its expense, adequate and appropriate equipment and manual labour for unloading the Goods.

 

5.7 The DIY2GO reserves the right to deliver in instalments at its discretion.

 

5.8 All Goods must be inspected by the Business Customer immediately on delivery.  If any Goods are damaged or lost or if there has been short delivery, the Business Customer must endorse the consignment note accordingly and submit a detailed written claim to the carrier within 3 days of delivery of the Goods and supply a copy of such claim to DIY2GO within 7 days of delivery of the Goods.  The Business Customers signature on the consignment note without any such endorsement shall release DIY2GO from any liability in respect of damage or loss in transit or short delivery.

 

6 Risk

 

Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Business Customer upon delivery of the Goods in accordance with clause 5

 

7 Price

 

7.1 The price payable for the Goods shall be as stated on the DIY2GO price list or quotation relating to the Goods unless otherwise stipulated in writing by DIY2GO but DIY2GO reserves the right to alter its prices without prior notice to the Business Customer.

 

7.2 The price is exclusive of the cost of delivery in accordance with clause 5.2 and exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods all of which shall be added to the price for the Business Customer’s account unless otherwise stipulated in writing by DIY2GO.

 

8 Payment

 

8.1 payment is due prior to delivery and may be recovered by DIY2GO whether or not actual delivery or collection of the Goods has occurred.

 

8.3 If payment is not made when due then DIY2GO may, without prejudice to its other rights, charge interest at an annual rate of 4 per cent above the current base rate of Royal Bank of Scotland Plc to be calculated on a day to day basis on the balance outstanding until payment is made in full.

 

8.4 The Business Customer shall not purport to set off or withhold any payments claimed or due to DIY2GO under this or any other contract.

 

9 Title and lien

 

9.1 DIY2GO shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Business Customer.  If payments received from the Business Customer are not stated to refer to a particular invoice DIY2GO may appropriate such payments to any outstanding invoice.

 

9.2 If any of the Goods owned by DIY2GO are attached to, mixed with or incorporated into any other goods not owned by DIY2GO so that the Goods in question are not separate from the resulting composite or mixed goods, then immediately upon manufacture all such composite or mixed goods shall belong to DIY2GO absolutely and not by way of charge until the Goods have been paid for in full or until DIY2GO recovers possession of and resells sufficient of the composite or mixed goods to discharge the purchase price in full and DIY2GO’s costs recovered, any excess to be accounted for to the Business Customer.

 

9.3 Until payment of the purchase price the Business Customer shall be the bailee of the Goods for DIY2GO and the Goods shall be stored separately from any Goods which belong to the Business Customer or any third party, and shall be clearly marked and identifiable as being DIY2GO’s property.

 

9.4 DIY2GO hereby licences the Business Customer to sell, as DIY2GO’s agent and bailee Goods which belong to DIY2GO.  All monies received from any such sale shall be held on trust to settle any sums due in respect thereof to DIY2GO and pay any balance to the Business Customer.  Such monies shall be placed to the credit of a separate fiduciary bank account which shall not be permitted to become overdrawn and shall not be released to the Business Customer until payment for the Goods has been received.

 

9.5 If the Business Customer fails to make any payment to DIY2GO when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if DIY2GO has reasonable cause to believe that any of these events is likely to occur, DIY2GO shall have the right, without prejudice to any other remedies:

 

9.5.1 to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Business Customer under this or any other contract;

 

9.5.2 to require the Business Customer not to resell or part with possession of any Goods owned by DIY2GO until the Business Customer has paid in full all sums owed by it to DIY2GO under this or any other contract;

 

9.5.3 to withhold delivery of any undelivered Goods and stop any Goods in transit.

 

9.6 Unless DIY2GO expressly elects otherwise, any contract between it and the Business Customer for the supply of Goods shall remain in existence notwithstanding any exercise by DIY2GO of its rights under this clause 9.

 

9.7 The Goods shall, once the risk has passed to the Business Customer in accordance with clause 6 (Risk) or otherwise, be and remain at the Business Customer’s risk at all times unless and until DIY2GO has retaken possession of them, and the Business Customer shall insure accordingly.

 

10 Warranty

 

10.1 DIY2GO warrants that the Goods will be of merchantable quality and reasonably fit for purpose for a period of 12 months from the date of delivery and DIY2GO will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:

 

10.1.1 the Business Customer makes a full inspection of the Goods immediately upon delivery;

 

10.1.2 the Business Customer notifies DIY2GO forthwith of any defects which it discovers;

 

10.1.3 the Business Customer has used the Goods in accordance with any instructions or recommendations of DIY2GO;

 

10.1.4 the Goods have not been adjusted, altered, adapted or repaired by any party other than DIY2GO;

 

10.1.5 the Goods are either made available to DIY2GO for inspection or returned to DIY2GO at the Business Customer’s own expense, as DIY2GO may request.

 

10.2 In no circumstances shall DIY2GO’s liability to the Business Customer for any breach of warranty exceed the price paid for the Goods with respect to which the claim is made.

 

10.3 DIY2GO shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Business Customer.

 

10.4 DIY2GO shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, frost, negligence, lightning, the electrical supply, abnormal working conditions, or the introduction of any water additives or materials not supplied by DIY2GO.

 

10.5 Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title.  In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded.

 

11 Liability

 

11.1 DIY2GO shall under no circumstances be liable for any indirect, special or consequential loss (including, without limitation, loss of anticipated profit, loss of business, depletion of goodwill and similar loss or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if DIY2GO has been advised of the possibility of such potential loss, except that in the case of contracts which are not international supply contracts as defined in section 26 Unfair Contract Terms Act 1977 DIY2GO shall be liable for loss arising from death or personal injury resulting from the proven negligence of DIY2GO and except that nothing in these Conditions of Sale shall have the effect of excluding or limiting liability under the Consumer Protection Act 1987 to a person who has suffered damage caused by a defective product, or to a dependent or relative of such person.

 

11.2 The Business Customer shall fully indemnify DIY2GO in respect of all actions, suits, claims, demands, costs, charges or expenses arising from damage to or destruction of property, personal injury or death whether caused by the negligence of DIY2GO, its servants, agents or subcontractors in executing the Contract or howsoever caused, provided that in the case of contracts which are not international supply contracts (as defined above) the Business Customer shall not be liable to indemnify DIY2GO in respect of any action, suit, claim, demand, cost, charge or expense arising from personal injury or death caused by the proven negligence of DIY2GO.

 

11.3 All recommendations and advice given by or on behalf of DIY2GO to the Business Customer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied are given without liability on the part of DIY2GO.

 

11.4 DIY2GO makes no representation or warranty that use of the Goods does not infringe the rights of any third party and DIY2GO accepts no liability in this respect.

 

11.5 Nothing in these Conditions excludes or limits the liability of DIY2GO for any matter which it would be illegal for DIY2GO to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.

 

12 Regulations and labelling

 

The Business Customer shall be responsible for compliance with all relevant laws and regulations and for obtaining and maintaining at its expense any necessary import or export licences, customs clearance, exchange control consent or other authorisations and permits whatsoever and the Business Customer shall ensure that the Goods are at all times labelled in such a way as to ensure the safety which a person is entitled to expect from the Goods.

 

13 Termination

 

Should the Business Customer make default in any payment or otherwise be in breach of its obligations to DIY2GO under the Contract or under any other contract with DIY2GO, or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or become insolvent or should DIY2GO have reasonable cause to believe that any of these events is likely to occur, DIY2GO may, by notice in writing to the Business Customer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.

 

14 Assignment

 

14.1 The Business Customer shall not be entitled to assign, transfer or otherwise dispose the Contract or any part of it without the prior written consent of DIY2GO.

 

14.2 References in these Conditions to a party shall, except where the context requires otherwise, include its successors in title and permitted assigns.

 

14.3 Unless the Contract expressly states otherwise:

 

14.3.1 a person who is not a party to the Contract has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999; and

 

14.3.2 if a person who is not a party to the Contract is stated to have the right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999, the parties may rescind or vary the Contract (and any documents entered into pursuant to or in connection with it) without the consent of that person.

 

15 Force majeure

 

DIY2GO shall not be liable to the Business Customer for any loss or damage caused to or suffered by the Business Customer as a direct or indirect result of the supply of the Goods by DIY2GO being prevented, restricted, hindered or delayed by reason of any circumstances outside the reasonable control of DIY2GO including, without limitation, circumstances affecting the provision of all or any part of the Goods by DIY2GO’s usual source of supply or delivery or by DIY2GO’s normal route or means of delivery.

 

16 Relationship between the parties

 

Nothing in these Conditions is to be construed as establishing or implying any partnership or joint venture between the parties, or as appointing any party as agent or employee of any other party.  No party shall hold out any other party as its partner or joint venturer.  Except, and to the extent, that these Conditions expressly states otherwise, no party may, incur any expenses or negotiate on behalf of any other party or commit any other party in any way to any person without that other party’s prior written consent.

 

17 Intellectual Property

 

17.1 In this clause “Intellectual Property” means patents, trademarks, service marks, rights (whether registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright, rights in and to software, rights in and to confidential information and know-how, rights in and to databases and all other intellectual property rights and similar property rights of whatever nature subsisting in any part of the world.

 

17.2 Each party acknowledges that the other owns Intellectual Property which has been independently developed and which relates to that party’s business or operations.  It is acknowledged that, save only as expressly agreed in writing by the parties, the Intellectual Property owned by either party will remain the exclusive property of the owning party.

 

18 Waiver

 

The failure of DIY2GO to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect DIY2GO’s right to enforce such provision later.

 

19 Severability

 

If any of the terms and conditions of the Contract (or part thereof) shall be found to be invalid, ineffective or unenforceable, the invalidity, ineffectiveness or unenforceability of such term or condition (or part thereof) shall not affect any other term or condition (or the other part of the term or condition of which such invalid, ineffective or unenforceable part forms part) and all terms and conditions (or parts thereof) not affected by such invalidity, ineffectiveness or unenforceability shall remain in full force and effect.

 

20 Communications

 

20.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:

 

20.1.1 (in case of communications to DIY2GO) to its registered office or such changed address as shall be notified to the Business Customer by DIY2GO; or

 

20.1.2 (in the case of the communications to the Business Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Business Customer set out in any document which forms part of the Contract or such other address as shall be notified to DIY2GO by the Business Customer.

 

20.2 Communications shall be deemed to have been received:

 

20.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

 

20.2.2 if delivered by hand, on the day of delivery; or

 

20.2.3 if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

 

20.3 Communications addressed to DIY2GO shall be marked for the attention of the Directors.

 

21 Governing law

 

The construction, validity and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the jurisdiction of the English courts.

 

22 Copyright and use of our images and videos.

 

Images, videos and text on this site or in DIY2GO published literature are copyright to diy2go Ltd. Please contact us if you wish to use one of our images or videos: use of our images or videos without our permission is theft. diy2go Ltd can offer all images / video clips for use to authorised Business Customers free of charge, please contact us to request the use of our images. Alternatively, images and videos owned by diy2go Ltd may be hired for an initial fee of £1000 + VAT per image or video plus £100 + VAT per week per image or video. Your use of one of our images or videos on your website or literature without prior consent signifies your agreement to these terms and conditions. They constitute a contract between you and us governing your use of these images or videos.


 


Returns Policy

19. You have the right to cancel your order for items purchased on this website for a full refund within seven days of delivery. This does not apply to products personalised or made to your specification including conservatories. To do so, you must notify us in writing or by email at returns@diy2go.com within seven working days of delivery. You will then be entitled to a refund from diy2go which will be paid as soon as possible but in any event within 30 days. You must arrange for and pay the costs of returning the products to its original place of dispatch (details of which will be provided by diy2go) or, on request, we will arrange for collection of the products from you, the costs of which will be charged to you and will be deducted from your refund. While in your possession you must keep any products you intend to return to us in good condition and in its original undamaged packaging and pay us for the cost of any damage.
 

 



Statutory Rights

20. Your statutory rights are not affected
 



General Terms and Conditions

21. Except as specifically stated on this Web site, to the fullest extent permitted at law, neither diy2go nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, diy2go does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of diy2go, its affiliates, directors, employees or other representatives.

22. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

23. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.

24. If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.
 



diy2go

diy2go is a trading name of DIY2GO Ltd
Registered in England and Wales Number: 5050601

VAT Registration Number: 843 0826 34
 



We recommend you print out a copy of these terms and conditions for your future reference

 

diy2go.com Privacy Statement

The following statement explains our policy regarding the personal information we collect about you through DIY 2 GO.com  website.
 


1. Statement of intent
From time to time, you will be asked to submit personal information about yourself (eg name and email address etc) in order to receive or use services on our websites.

By entering your details in the fields requested, you enable DIY 2 GO and its service providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you want to receive. DIY 2 GO will act in accordance with current legislation and aim to meet current Internet best practice.
 


2. Information on visitors
During the course of any visit to DIY 2 GO. COM Websites, the pages you see, occasionally along with something called a cookie, are downloaded to your computer (see point 3 for more on this). Most, if not all, websites do this, because cookies allow the website publisher to do useful things like find out whether the computer (and probably its user) has visited the site before, so that the site can be personalised for that user. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.

Any information that is supplied by cookies can help us to provide you with a better service and assists us to analyse the profile of our visitors.
 


3. What is a cookie?
When you enter a site your computer will automatically be issued with a cookie. Cookies are text files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many sites do this whenever a user visits their site in order to track traffic flows.

Cookies themselves only record those areas of the site that have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user.

NB: Even if you haven't set your computer to reject cookies you can still browse our site anonymously until such time as you register for DIY 2 GO. COM services.
 


4. Submitting personal information
When you supply any personal information to DIY 2 GO we have legal obligations towards you in the way we deal with that data. We must collect the information fairly, that is, we must explain how we will use it (see the notices on particular webpages that let you know why we are requesting the information) and tell you if we want to pass the information on to anyone else. In general, any information you provide to DIY 2 GO will only be used within DIY 2 GO group of companies. It will never be supplied to anyone outside DIY 2 GO without first obtaining your consent, unless on a temporary basis to one of our suppliers or partners who we require the involvement of in order to provide the service to you, or unless we are obliged by law to disclose it. We will hold your personal information on our systems until you request to be removed. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.

If you are notified on one of DIY 2 GO websites that your information may be used to allow DIY 2 GO to contact you for "service provision purposes", this means that DIY 2 GO may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that the particular service has been suspended for maintenance. We will not contact you for promotional purposes, such as notifying you of improvements to the service or new services on DIY 2 GO unless you specifically agree to be contacted for such purposes at the time you submit your information on the site, or at a later time if you sign up specifically to receive such promotional information.
 


5. Access to your personal information
You have the right to request a copy of the personal information DIY 2 GO holds about you and to have any inaccuracies corrected. (We charge £10 for information requests.) Please address requests to the Data Protection Officer (email: support@diy2go.com).
 


6. Users 16 and under
If you are aged 16 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to DIY 2 GO's websites. Users without this consent are not allowed to provide us with personal information.

7. How to find and control your cookies
If you're using Netscape 6.0:
On your Task Bar, click:
1. Edit, then
2. Preferences
3. Click on Advanced
4. Click on Cookies

If you're using Internet Explorer 5.0 or 5.5:
1. Choose Tools, then
2. Internet Options
3. Click the Security tab
4. Click on Custom Level
5. Scroll down to the sixth option to see how cookies are handled by IE5 and change to Accept, Disable, or Prompt for action as appropriate.

If you're using Internet Explorer 4.0:
1. Choose View, then
2. Internet Options
3. Click the Advanced tab
4. Scroll down to the yellow exclamation icon under Security and choose one of the three options to regulate your use of cookies.

In Internet Explorer 3.0:
You can View, Options, Advanced, then click on the button that says Warn before Accepting Cookies.

If you're using Netscape Communicator 4.0:
On your Task Bar, click:
1. Edit, then
2. Preferences
3. Click on Advanced
4. Set your options in the box that says Cookies.

8. How do you know which of the sites you've visited use cookies?
If you're using Netscape 6.0:
On your Task Bar, click:
1. Edit, then
2. Preferences
3. Click on Advanced
4. Click on Cookies
5. Click the View Cookies button

If you're using Internet Explorer 5.0:
1. Choose Tools, then
2. Internet Options
3. Click the General tab
4. Click Settings
5. View Files

If you're using Internet Explorer 4.0:
On your Task Bar, click:
1. View, then
2. Internet Options
3. Under the tab General (the default tab) click
4. Settings
5. View Files.

Internet Explorer 3.0:
On your Task Bar, click:
1. View
2. Options
3. Advanced
4. View Files.

Netscape Communicator 4.0:
Netscape bundles all cookies into one file on your hard drive. You'll need to find the file, which it calls Cookie.txt on Windows machines.

9. How to see your cookie code
Just click on a cookie to open it. You'll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.

diy2go.com

Cooke Works
Patatine Street
Denton
M34 3LY

Tel:      0845  094 2271
Fax:     0845 094 2377

diy2go.com Website Security

We recognise the importance of protecting you and your payment card details. We take this responsibility very seriously.

This is how we protect you:

  1. When you need enter private information such as your payment card details, you are taken to our secure server. You will see a small locked padlock icon Closed padlock sign in the bottom of your browser to confirm this.
  2. This server is not only protected from hackers, it is also in a high security building in a secured location, protecting it from the most common form of serious computer security breach in which unauthorised people get physical access to the server itself.
  3. Your payment is processed for us by Worldpay, part of the Royal Bank of Scotland Group, one of the most trusted financial organisations in the world.

The Trading Standards Agency in the UK also has these top ten tips for safe online shopping:
  • Be careful when you give your credit or debit card details on the Internet. Always find out whether the company has a secure site, and look for information about the protection the company has put in place.
  • their name, address and telephone number, not just their e-mail address. They must also fully describe the goods for sale and orders must be confirmed in writing.
  • As with any other type of purchase, shop around for the best deals and prices. You are now entitled to a 7 day "cooling off" period when you can change your mind.
  • Watch out for high postage rates and for other hidden costs, such as VAT and other duty payable, particularly if goods are being sent from abroad.
  • See if you can get personal recommendations for companies you have not done business with before.
  • Remember, goods being sent from abroad may take some time to be delivered. Check with the trader how long this will take, and set a delivery date that you must have them by, if that is important. Where no delivery date has been agreed then delivery must be within 30 days. Goods & Services ordered from UK & European Countries will be covered by the "Distance Selling" Regulations. Check out our leaflet “Shopping from Home” for more information on your rights under this important law.
  • Check what the company’s policy is on returning goods that you don’t like or have changed your mind about. Again, if they have come from abroad, you may be faced with a hefty postage bill to return them. Refunds must be made within 30 days.
  • On the subject of buying from abroad, remember that if you have problems like faulty goods or non-delivery, it might be very difficult to get your complaint dealt with. Although your contract will probably be covered by U.K. law, allowing you to sue in your local court, getting money out of a company based abroad may be impractical.
  • For that reason, don’t buy very expensive items from companies outside the UK or Europe unless you know them well - that way, if things do go wrong, you limit the risk. Most importantly, print out the order, and keep any terms and conditions that appear on the web site, just in case of any disputes or problems later on.