Our Returns Policy
Changed your mind?
If you change your mind about a product, you can notify us within 14 days and return it to us. The item must be in its original packaging and fit for resale. The return maybe subject to a restocking charge.
Any refunds will made within 7 days of receiving your returned item.
Refunds will not be given for the following items.
- If the item is a special order
- Perishable goods, or items that are susceptible to deterioration over time or due to incorrect storage.
- Any item that has been fitted, damaged, or so altered that it is not fit for resale.
Can Silverton collect the product?
If you need to return a product delivered by Silverton, please contact the supplying branch (details of which are shown at the bottom of the delivery note), so that we can arrange a timely collection and arrange a credit or refund.
Where we have arranged to collect the goods, it may be appropriate to apply a collection charge to cover the cost of transport, which will be discussed prior to collection.
Faulty products
All claims for damage, errors or shortages must be reported to Silverton Builders Merchants Ltd within 48 hours of receiving your order. No goods are to be returned without our authority, and the ownership of goods does not pass to the purchaser until full payment is received. Where available, digital images should be taken showing any damages or discrepancies with your delivery, and sent to web.enquiry@silverton.uk.com. This may save time and allow us to make a quicker assessment of your situation and be as helpful as possible, as quickly as possible.
When we are informed within 48 hours after delivery of any of the above, we can arrange a replacement, credit or refund for the faulty goods or delivery.
Privacy Notice
This is the privacy notice of Silverton Builders Merchants Limited, company registration number 04824618 (‘we’, ‘our’, or ‘us’).
Our registered office is at Devereux farm, Walton Road, Kirby-le-Soken, Essex. CO13 0DA
Introduction
This notice describes how we collect, store, transfer and use personal data. It tells you about your privacy rights and how the law protects you.
In the context of the law and this notice, ‘personal data’ is information that clearly identifies you as an individual or which could be used to identify you if combined with other information. Acting in any way on personal data is referred to as ‘processing’.
This notice applies to personal data collected through our website and through social media platforms, including Facebook and Instagram.
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
Data Protection Officer
We have appointed a data protection officer (‘DPO’) who is responsible for ensuring that our privacy policy is followed.
If you have any questions about how we process your personal data, including any requests to exercise your legal rights, please contact our DPO, at dpo@silverton.uk.com
Personal data we process
- How we obtain personal data
The information we process about you includes information:
- you have directly provided to us
- as a result of monitoring how you use our website or our services
- Types of personal data we collect directly
When you use our website, our services or buy from us, for example, when you create an account on our website, we ask you to provide personal data. This can be categorised into the following groups:
- personal identifiers, such as your first and last names, your title
- contact information, such as your email address, your telephone number and your postal addresses for billing, delivery and communication
- account information, including your username and password
- payment information, such as a debit or credit card number and expiry date and bank account details
- records of communication between us including messages sent through our website, email messages and telephone conversations
- marketing preferences that tell us what types of marketing you would like to receive
- Types of personal data we collect from third parties
We confirm some of the information you provide to us directly using data from other sources. We also add to the information we hold about you, sometimes to remove the need for you to provide it to us and sometimes in order to be able to assess the quality of the services you offer.
The additional information we collect can be categorised as follows:
- information that confirms your identity
- business information, including your business trading name and address, your company number (if incorporated), and your VAT number (if registered)
- information that confirms your contact information
- unsolicited complaints by other users
- Types of personal data we collect from your use of our services
By using our website and our services, we process:
- your username and password and other information used to access our website and our services
- technical information about the hardware and the software you use to access our website and use our services, including your Internet Protocol (IP) address, your browser type and version and your device’s operating system
- usage information, including the frequency you use our services, the pages of our website that you visit, whether you receive messages from us and whether you reply to those messages
- transaction information that includes the details of the products services you have bought from us and payments made to us for those services
- your preferences to receive marketing from us; how you wish to communicate with us; and responses and actions in relation to your use of our services.
- Our use of aggregated information
We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.
For example, we may aggregate usage information to assess whether a feature of our website is useful.
However, if we combine or connect aggregated information with your personal data so that it can identify you in any way, we treat the combined information as personal data, and it will be used in accordance with this privacy notice.
- Special personal data
Special personal data is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
It also includes information about criminal convictions and offences.
We do not collect any special personal data about you.
- If you do not provide personal data we need
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.
In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal data, and to notify you of the basis for each category.
If a basis on which we process your personal data is no longer relevant then we shall immediately stop processing your data.
If the basis changes, then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
- Information we process because we have a contractual obligation with you
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal data.
We may use it in order to:
- verify your identity for security purposes when you use our services
- sell products to you
- provide you with our services
- provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
- Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities our products and services, you provide your consent to us to process information that may be personal data.
Wherever possible, we aim to obtain your explicit consent to process this information, for example, we ask you to agree to our use of non-essential cookies when you access our website.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us at info@silverton.uk.com. However, if you do so, you may not be able to use our website or our services further.
We aim to obtain and keep your consent to process your information. However, while we take your consent into account in decisions about whether or not to process your personal data, the withdrawal of your consent does not necessarily prevent us from continuing to process it. The law may allow us to continue to process your personal data, provided that there is another basis on which we may do so. For example, we may have a legal obligation to do so.
- Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
- improving our services
- record-keeping for the proper and necessary administration of our business
- responding to unsolicited communication from you to which we believe you would expect a response
- preventing fraudulent use of our services
- exercising our legal rights, including to detect and prevent fraud and to protect our intellectual property
- insuring against or obtaining professional advice that is required to manage business risk
- protecting your interests where we believe we have a duty to do so
- Information we process because we have a legal obligation
Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal data.
How and when we process your personal data
- Your personal data is not shared
We do not share or disclose to a third party, any information collected through our website.
- Payment information
Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.
At the point of payment, you are transferred to a secure page on the website of SagePay or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.
- Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
- Credit reference
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
- Service providers and business partners
We may share your personal data with businesses that provide services to us, or with business partners.
As examples:
- we may pass your payment information to our payment service provider to take payments from you
- we may use fraud prevention agencies and credit reference agencies to verify your identity and we may pass your information to those agencies if we strongly suspect fraud on our website
Use of information we collect through automated systems
- Cookies
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.
They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.
They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.
Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.
Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.
The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.
When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.
If you choose not to use cookies or you prevent their use through your browser settings, you may not be able to use all the functionality of our website.
We use cookies in the following ways:
- to track how you use our website
- to record whether you have seen specific messages we display on our website
- to keep you signed in to our website
We provide more information about the cookies we use in our cookie policy.
- Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Other matters
- Your rights
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.
We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
- Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
- Data may be processed outside the UK
Our websites are hosted in the United Kingdom.
We may also use outsourced services in countries outside the UK from time to time in other aspects of our business.
Accordingly data obtained within the UK or any other country could be processed outside the UK.
We use the following safeguards with respect to data transferred outside the UK:
- the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority.
- Control over your own information
It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.
At any time, you may contact us to request that we provide you with the personal data we hold about you.
At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
To obtain a copy of any information that is not provided on our website you should contact us to make that request.
When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Please be aware that we are not obliged by law to provide you with all personal data we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
If you wish us to remove personally identifiable information from our website, you should contact us to make your request.
This may limit the service we can provide to you.
We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.
- Communicating with us
When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business.
We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
- Complaining
If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.
When we receive a complaint, we record the information you have given to us on the basis of consent. We use that information to resolve your complaint.
If your complaint reasonably requires us to notify some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
If you are in any way dissatisfied about how we process your personal data, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
- Retention period
Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:
- to provide you with the services you have requested
- to comply with other law, including for the period demanded by our tax authorities
- to support a claim or defence in court
- Compliance with the law
Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic Communications Regulations (‘PECR’).
- Review of this privacy policy
We shall update this privacy notice from time to time as necessary.
What are Cookies?
We’re not talking about the cookie that you eat (unfortunately). Cookies are text files containing small amounts of information which allow our site to recognise your device and are downloaded to your device when you visit a website if you agree to the site doing so. Cookies are then sent back to the website on each subsequent visit, or to another website that recognises that cookie.
Cookies are useful because they allow a website to recognise a user’s device and are widely used in order to either make websites, work more efficiently, let you navigate between pages, remember your preferences, and generally improve your user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
Our site uses cookies to distinguish you from other users of Silverton Builders Merchants . This helps us to provide you with a better experience when you browse our website and make improvements. Some of the cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites. Please note that our advertisers and affiliates may also use cookies, over which we have no control.
Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies and download them onto your device when you log on to our site. If you don’t want to allow us to download any cookies onto your device, simply click the link below;
Change Browser Settings
If you don’t change your browser settings and continue to use our site, we will assume that you consent to us continuing to download cookies onto your device.
Whether or not you allow us to download cookies is up to you, but if you choose to disable cookies by changing your Browser Settings, our Website and its features may not necessarily work in the same way or produce the same personalised experience. If you delete all of your cookies, you will have to update your preferences with us again. If you use a different device, computer profile or browser you will have to tell us your preferences again.
You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu
For a video about cookies visit www.google.co.uk/goodtoknow/data-on-the-web/cookies
Terms of use
Welcome to the Silverton Builders Merchants Web Site (the "Site"). By accessing and using the Site, you agree to follow and be bound by the following terms and conditions relating to your use of the Site ("Conditions of Use") and our Privacy Policy. We may revise the Conditions of Use and Privacy Policy at any time without notice to you. If you are a customer of Silverton Builders Merchants then you are also bound by the provisions of your contract with Silverton Builders Merchants (your "Silverton Builders Merchants Contract").
Areas of the Site may have different terms of use posted. If there is a conflict between the Conditions of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site. If there is a conflict between the Conditions of Use, any terms of use posted for a specific area of the Site and the terms of your Silverton Builders Merchants Contract, then your Silverton Contract shall have precedence.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may only be used for commercial purposes where used in accordance with your Silverton Contract and otherwise are solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, licence, post, transmit or distribute any information from this Web Site in whole or in part without the express written authorisation of Silverton Builders Merchants.
2. Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software licence agreement between you and Silverton Builders Merchants. You must read the licence agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, letter to Silverton Builders Merchants, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums if available shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use, join or become members of any commercial online or offline service or other organisation. Except where expressly authorised by Silverton Builders Merchants, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Silverton Builders Merchants, you automatically grant (or warrant that the owner of such rights has expressly granted) Silverton Builders Merchants a perpetual, royalty-free, irrevocable, nonexclusive right and licence to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Silverton Builders Merchants immediately of any unauthorised use or disclosure of your password(s).
Silverton Builders Merchants is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorised access to that information.
5. Termination of Use
You agree that Silverton Builders Merchants may, at its sole discretion and at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Silverton Builders Merchants.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web Sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Silverton Builders Merchants is not responsible for the availability of, and content provided on, third party Web Sites. You should refer to the policies posted by other Web Sites regarding privacy and other topics before you use them. You agree that Silverton Builders Merchants is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Silverton Builders Merchants is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Silverton Builders Merchants is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Silverton Builders Merchants Logo and Trademarks
Silverton Builders Merchants trademarks and service marks, logos, logotypes, signatures and design marks ("Silverton Builders Merchants marks and logos") are valuable assets that Silverton Builders Merchants needs to protect. Accordingly, we ask that you follow these guidelines with respect to Silverton Builders Merchants logos. You are generally not able to use Silverton Builders Merchants marks and logos unless you are specifically licenced to do so. Information regarding such licensing can be obtained from Silverton Builders Merchants.
8. Disclaimer
Except as expressly provided in these Conditions of Use, the Site, and all content, materials, information, software, products and services provided on the Site, are provided on an "as is" and "as available" basis. Silverton Builders Merchants expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Silverton Builders Merchants makes no warranty that:
(a) the Site will meet your requirements;
(b) the Site will be available on an uninterrupted, timely, secure, or error-free basis;
(c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable; or
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained by the use of the Site is done at your own discretion and risk. Silverton Builders Merchants shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
Silverton Builders Merchants reserves the right to make changes or updates to the Site at any time without notice.
9. Limitation of Liability
In no event shall Silverton Builders Merchants be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort (including negligence), arising from your access to, or use of, the Site.
Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
10. Indemnity
You agree to defend, indemnify and hold harmless Silverton Builders Merchants, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Site.
11. Privacy Policy
Silverton Builders Merchants is concerned about your privacy and has developed a policy to address privacy concerns. You can find a link to its current privacy policy on the Site
12. Applicable Laws
Your access to and use of the Site shall be governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with the Conditions of Use. This clause 12 is for the benefit of Silverton Builders Merchants only. As a result, Silverton Builders Merchants will not be prevented from taking proceedings relating to a dispute in any other courts with jurisdiction. To the extent allowed by law, Silverton Builders Merchants may take concurrent proceedings in any number of jurisdictions.
13. Copyright/Trademark Information
All rights reserved. Copyright © 2023 Silverton Builders Merchants.
14. Contact Information
If you have any questions regarding these Conditions of Use, please contact Silverton Builders Merchants Ltd at Devereux Farm, Walton Road, Kirby Le Soken, Essex. CO13 0DA.
Terms of Sale
1. INTERPRETATION
1.1 In these Conditions the following words have the following meanings:
Word Meaning
the “Buyer” the person(s), firm or company who purchases the Goods from the Company; the “Company” Silverton Builders Merchants Limited of Devereux Farm, Walton Road, Kirby Le Soken, Essex. CO13 0DA. (Company Registration Number: 04824618); “Contract” any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions; “Delivery Point” the place where delivery of the Goods is to take place under Condition 7; “Goods” any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them); “Price” the price of the Goods payable by the Buyer to the Company;
1.2 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 Headings will not affect the construction of these Conditions.
2. APPLICATION OF TERMS
2.1 Subject to any variation under Condition 2.2 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). The Company reserves the right to refuse to trade with any Buyer who does not accept the Company’s terms and conditions.
2.2 These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company.
3. ORDERS
3.1 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and shall be accepted entirely at the discretion of the Company.
3.2 Orders placed by telephone will be accepted by the Company only if an order number is quoted by the Buyer and shall be confirmed in writing by the Buyer. Such confirmation must be clearly marked by the Buyer as confirmation of a telephone order.
3.3 No order placed by the Buyer whether by telephone or otherwise shall be accepted by the Company until the Company delivers the Goods to the Buyer. The Company will not accept liability or responsibility for any duplication of delivery of an order placed by telephone where the Buyer fails to clearly mark the written confirmation as confirmation of a telephone order.
3.4 Each order which is so accepted shall constitute an individual legally binding contract between the Company and the Buyer.
3.5 Any quotation supplied by the Company is given on the basis that it is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it. Any quotation does not represent an obligation on the Company to supply until the Buyer’s order is accepted by the Company.
4. SPECIFICATION
4.1 The specification of the Goods shall be in accordance with (a) the manufacturer’s current catalogue or brochure as published from time to time and (b) any further specifications or descriptions (if any) expressly listed or set-out on the face of the Contract.
4.2 No other specification descriptive material written or oral representation correspondence or statement promotional or sales literature shall form part of or be incorporated by reference into the Contract.
4.3 The Company does not accept any responsibility for damage, injury, loss or expense resulting from variations in manufacturers’ data or specification or from curtailment or cessation of supply following such variations. The Company will use its reasonable endeavours to advise the Buyer of any such variations as soon as notification is received by the Company from manufacturers.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Where products advertised in any of the Company’s publications or on its website are subject to any patent, trademark, registered or unregistered design or copyright (‘Intellectual Property Rights’) of third parties, the Buyer acknowledges that all such rights are the property of their respective owners.
5.2 Any design or instruction furnished or given by the Buyer shall not be such as will cause the Company to infringe the intellectual property rights of third parties.
6. PROPRIETARY RIGHTS IN SOFTWARE PRODUCTS
6.1 The Buyer acknowledges that all Intellectual Property Rights in any software supplied by the Company shall at all times and for all purposes remain vested in the software owners.
7. DELIVERY
7.1 Unless stated in the Contract, the Price excludes delivery to the address specified in the Contract. The Company reserves the right to make an additional charge to cover any transport costs incurred in delivering the Goods to the address specified in the Contract.
7.2 Any time or date for delivery given by the Company is given in good faith but is an estimate only. Time for delivery shall not be made of the essence by notice. If no time or date is given, delivery will be within a reasonable time.
7.3 Risk in the Goods shall pass to the Buyer upon delivery.
7.4 If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
7.4.1 risk in the Goods will pass to the Buyer (including risk for loss or damage caused by the Company’s negligence);
7.4.2 the Goods will be deemed to have been delivered; and
7.4.3 The Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance).
7.5 The Buyer shall provide at its expense at the Delivery Point adequate and appropriate equipment and manual labour for unloading the Goods.
7.6 The Company reserves the right to make delivery of the Goods by instalments. Where the Goods are delivered by instalments, these Conditions shall apply to each delivery by instalments as if each instalment were the subject of a new Contract.
8. NON-DELIVERY, DAMAGE IN TRANSIT AND RETURNS
8.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
8.2 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note to the Buyer at the pro rata Contract rate against any invoice raised for such Goods.
8.3 The Company will replace free of charge any Goods proved to the Company’s satisfaction to have been damaged in transit provided that within 3 days after delivery both the Company and the carriers have received from the Buyer notification in writing of the occurrence of the damage and also, if and so far as practicable, of its nature and extent.
8.4 Return of the Goods by the Buyer can only be made in accordance with the Company’s prevailing returns policy which is available from the Company on request.
9. RISK/TITLE
9.1 The Company warrants to the Buyer that (except in relation to intellectual property rights of third parties) it has good title to the Goods.
9.2 Title to the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and of all other goods agreed to be sold by the Company to the Buyer for which payment is then due.
9.3 Until such time as title in the Goods passes to the Buyer the Buyer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Company’s property.
9.4 The Buyer may resell the Goods before title has passed to it in the ordinary course of its business but shall account to the Company for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and in the case of tangible proceeds properly stored protected and insured.
9.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
9.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for an indebtedness any of the Goods which remain the property of the Company but if the Buyer does so all moneys owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
10. PRICE AND PAYMENT
10.1.1 Unless otherwise agreed by the Company in writing the Price shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery. All prices quoted in the Company’s price list, are payable in Great Britain £ sterling unless otherwise agreed.
From time to time, despite rigorous checks by the Company, Goods for sale may occasionally be incorrectly priced. The Company checks prices during the despatch procedure and where Goods correct price is less than the Company’s stated price, the lower amount will be charged when despatching Goods to the Buyer. If the Goods correct price is higher that the stated price, at the Company’s discretion, will either contact the Customer for instruction, or cancel the order and the Buyer will be duly notified.
10.1.2 The invoice is payable at the end of month following the date of the invoice (e.g. April invoice is payable at the end of May).
10.1.3 The Company reserves the right, without prior notice to the Buyer, to vary any advertised prices on the Company’s web site, price lists or literature.
10.2 The Price shall be exclusive of any value added tax which will be applied at the rate in force at the time that the invoice is prepared for the Buyer by the Company.
10.3 The Company reserves the right to cancel or suspend any further deliveries or suspend any service due to the Buyer under the Contract or under any other contract between the Buyer and the Company, or the Company may require the Buyer to provide such financial security as the Company may deem necessary before making any further supply of Goods.
10.4 Time for payment shall be of the essence.
10.5 No payment under these Conditions shall be deemed to have been received until the Company has received cleared funds.
10.6 All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
10.7 The Buyer shall make all payments due under the Contract without any deduction whatsoever whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
10.8 If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay compensation and interest on overdue unpaid sums at the rates set out at the relevant time in accordance with The Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002 and subsequent regulations.
10.9 The Buyer will pay any additional fees incurred by the Company in relation to the collection of any outstanding amounts due and payable by the Buyer to the Company.
11.GUARANTEE
11.1 In respect of all goods manufactured and supplied to the Company by third parties the Company will pass on to the Buyer (in so far as possible) the benefit of any warranty given to the Company by such third parties and will (on request) supply to the Buyer details of the terms and conditions of such warranties and copies of any relevant product information sheets, technical data sheets or product leaflets issued by such third parties and the Buyer shall be solely responsible to the entire exclusion of the Company for complying with all of these.
11.2 The Company’s liability under this condition shall be to the exclusion of all other liability to the Buyer whether contractual tortuous or otherwise for defects in the Goods or for any loss or damage to or caused by the Goods and (subject to sub-clauses 11.3 and 11.4) all other conditions warranties stipulations or other statements whatsoever concerning the Goods whether express or implied by statute or common law or otherwise howsoever are hereby excluded; in particular (but without limitation of the foregoing) the Company gives no warranties regarding the fitness for purpose, performance, use, nature or quality of the Goods, whether express or implied by statute, at common law or otherwise howsoever.
11.3 If and to the extent that s. 6 and/or s. 7(3a) of the Unfair Contract Terms Act 1977 applies to the Contract no provision of these terms and conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Company for breach of the express warranties contained in condition 9 or for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the Contract by s.12(3) of the Sale of Goods Act 1979 or s. 2(3) of the Supply of Goods and Services Act 1982, whichever Act applies to the Contract.
11.4 The Company shall not be held liable for any loss, damage or destruction of any data or image placed by the Buyer on memory products which are supplied to the Buyer by the Company under the terms of the Contract.
12. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
13.GENERAL
13.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
13.5 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Terms and Conditions
DEFINITIONS (1) In these conditions, “we” or “us” means Silverton Builders Merchants Ltd of Devereux Farm, Walton Road, Kirby-le-Soken, Essex. CO13 0DA
and “you” means the buyer of Goods and “our” and “your” shall be construed accordingly. “Goods” means the articles of materials or any item to be supplied by
us as described in the Order. “Order” means the order placed by you for the supply of Goods based on our quotation. “Contract” means the contract between us
and the Buyer, created upon acceptance by us of the Order. (2) These conditions apply to all sales of Goods by us and shall prevail over any other terms and
conditions contained or referred to in your order or in correspondence or elsewhere or implied by trade custom, practice or course of dealing, unless such other
terms or conditions are specifically agreed in writing in advance by one of our Partners. (3) A person who is not a party to the Contract with us has no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is
available apart from that Act. You may not assign the Contract with us or any part of it without our prior written consent.
QUOTATIONS (1) A quotation is given on the basis that only these Conditions will govern the supply of Goods and to the exclusion of any other terms and
conditions which you may seek to impose on us. (2) A quotation is open for acceptance within 60 days of its issue and is subject to withdrawal by us on written
notice. (3) Quotations are given by us subject always to the Goods being available to supply to you.
PRICE (1) We reserve the right to increase our prices at any time before delivery of Goods by giving written notice of any increase to you. (2) An extra charge
will be made if you require delivery of Goods in quantities of less than a full load or if we are required to effect discharge of a load in any manner other than by
immediate and continuous tipping at one point of discharge. (3) Prices apply to deliveries, and work executed within our normal working hours namely Mondays
to Fridays 7.00am - 4.00pm and Saturdays 7.30am - 12.00pm. Surcharges will be applied for deliveries and work outside these hours and for Sundays and Public
and/or Bank Holidays.
PAYMENT (1) Credit accounts may be opened, subject to satisfactory credit references being obtained, at our sole discretion. payment of Goods supplied on a
credit account shall be due and payable not later than 30 days from the date of the invoice. any credit facility extended to you by us may be altered or varied at
any time by written notice from us. If you default in making any payment to us, the entire balance of your account shall be payable immediately. You shall pay
compensation and interest on overdue unpaid sums at the rates set out at the relevant time in accordance with The Late Payment of Commercial Debts(Interest)
Act 1998, as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002 and subsequent regulations. (2) You may not withhold
or set off payment of any amount due to us whether in respect of any claim by you relating to Goods supplied by us or for any other reason which is contested or
for which we do not admit liability. (3) If at any time you are an existing credit account customer and intend, being a corporate entity, to alter your constitution or,
being a sole trader or partnership, to become incorporated or amalgamated with others, you shall give prior written notice to us of the intended change, if you wish
to continue credit account facilities following the intended change. Continuance of trading, or commencement of trading with such new legal entity, shall be at our
discretion and shall be effective only if a written acknowledgment is issued by our Credit Controller or one of our Partners. You hereby agree that we may obtain,
retain and provide to third parties, references as to your financial standing.
DELIVERY (1) You will provide and clearly indicate to our driver a safe route from the public highway to the point of discharge which must have good access and
hard standing and you will indemnify us, our servants and agents against any damage or injury resulting from any failure to do so. We cannot accept any liability
for damages to property during delivery. If our vehicles are kept on site for longer than 20 minutes or are unable to effect proper and full delivery due to your default
we reserve the right to charge for additional costs incurred. (2) You will inspect the Goods on delivery or collection (as the case may be) to ensure that the Goods
delivered are fit for their intended use and will sign our delivery note in confirmation of this. Except in respect of any defects or shortages which are not apparent
on reasonable inspection at the time of delivery you must notify us in writing of any defects or shortages within two working days of delivery. (3) Delivery times
quoted are approximate only and unless we agree a delivery programme and confirm delivery times in writing, the times of delivery shall not be of the essence and
we shall not be liable for any delays in deliveries of Goods to you.
PARTICULAR APPLICATIONS OF GOODS You are under a duty to specify in writing at the time of your enquiry and prior to the issue of any quotation by us if
you require any special quality or properties in the Goods and in particular if the Goods are intended to be used for the production of high quality concrete floor
finishes or if the appearance of a concrete finish is essential. In the absence of such advice from you we shall not be liable for any loss or damage arising due to
the quality of the Goods used in such applications.
WARRANTY We warrant that the Goods supplied to the point of delivery will be in accordance with the specification set out in the quotation. Subject thereto no
representations or warranties are given by us as to the suitability or fitness of the Goods for any particular purpose and it is incumbent on you to be satisfied that
the Goods are fit for the particular purpose required by you. All warranties, conditions or other terms implied by statute or at common law are hereby excluded to
the fullest extent permitted by law. No terms and conditions shall affect your statutory rights.
LIABILTY (1) Although we will endeavour in good faith to supply Goods in accordance with the specification, if any Goods are supplied by us which are shown to
be defective and not in accordance with the specification our liability will be limited to the direct costs only of the replacement of such defective Goods and we shall
not be liable for any further loss or damage including but not limited to, any loss or profit, or loss of custom of any other indirect or consequential loss or damage
howsoever arising. (2) If any defects are found in the Goods they should not be used or installed. Under no circumstances are we liable for any additional cost of
installation of Goods cannot be replaced or accepted back if they have already been used or installed. (3) Due to the nature of the product, natural stone paving
and other products may be subject to variation in colour. Photographs in our brochure and samples show general characteristics of colour and markings which
might differ from the actual products delivered. Choice of product should always be made from actual products rather than photographs. We will not be responsible
nor admit liability for the colour and markings variation. (4) Due to the nature of the product, natural stone paving and other products sizes and dimensions are
approximate and may differ from the actual products delivered. The thickness variation is due to splitting of the stone along the naturally formed seams of the block
extracted from the quarry. We will not be responsible or admit liability for any size or dimension variation. We endeavour to ensure that our website is continuously
available throughout the year, however, should there be any interruption to our online service, we will not be held liable for its unavailability.
TERMINATION If you commit any breach of these Conditions or shall go into liquidation either voluntary or compulsory or shall enter into any composition with
your creditors or shall suffer any distress or execution levied on your assets or being an individual, shall commit any act of bankruptcy, we may without prejudice
to our rights terminate the Contract and refuse to supply and/or deliver Goods to you without any liability to us.
TITLE OF GOODS The risk or damage to the loss of Goods shall pass to you upon delivery but the property and title in the Goods shall not pass to you until full
payment for the Goods has been received by us.
SET OFF We shall be entitled to deduct from, or set off against, any monies lawfully due or becoming due from us to you against any monies which are due by
you or becoming due to pay to us or to any subsidiary or associated companies by way of damages or otherwise.
FORCE MAJEURE In the event of our inability to deliver Goods due to any Act of God, not limited to, civil commotion, government order or legislation, fire,
accident, strike, lock-out, adverse weather conditions, delays to our transport, breakdown of our plant machinery, non-availability of Goods from our suppliers or
due to any other matter over which we have no reasonable control, we may suspend deliveries of Goods under the Contract and we shall not be liable for any loss
or damage howsoever arising.
Disclaimer
The information set out in the publication is provided by Silverton Builders Merchants "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of such information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Silverton Builders Merchants, its related corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in the publication or for any direct, indirect, incidental, consequential, special or similar damages, loss of revenue, profits or data even if advised of the possibility of such damages. Nothing in this Disclaimer shall exclude or limit Silverton Builders Merchants’ liability for any liability which cannot be excluded or limited under applicable law.
Kerridge Commercial Systems may make changes to the content of the publication at any time without notice. No part of the publication may be produced, transmitted, transcribed, stored in a retrieval system, translated into any language or computer language, in any form or by any means, without the prior written permission of Silverton Builders Merchants.
© 2023 Silverton Builders Merchants. All Rights Reserved
Delivery Terms and Conditions
Cancelling an order
Any customer wishing to amend or cancel a web order must contact web.enquiry@silverton.uk.com as soon as possible, a minimum of 24 hours prior to the scheduled delivery date.
Delivery
We deliver to all CO postcodes (CO1 – CO16), selected CM postcodes (CM1 – CM17) CM20, CM22, CM23, CM24 & CM77, CB8 – CB11, SS5, SS6, SS11, SS14, SS15, RM17, RM18, IP1 – IP25 and NR1 – NR35.
We aim to carry out all orders placed online within 3 working days. However, on occasion, during busy periods and due to stock availability, this delivery time may vary. Deliveries are made between 07:00 and 17:00 Monday to Friday & 07:00 – 12:00 on Saturday. An exact delivery time cannot be guaranteed. Should we provide you with a delivery time, please note, this is approximate. We shall not accept liability should this time not be met. If necessary, we reserve the right to adjust the delivery time provided and you shall be notified accordingly. Please note, this is a kerb side delivery.
We reserve the right to refuse to unload goods unless payment has been received in full and the delivered goods have been signed for. We also reserve the right to delay delivery or cancel an order if you have exceeded any credit limit extended to you by us, or the customer account has been placed on stop.
Our branches primarily use heavy goods vehicles for deliveries, therefore, factors such as road access and weight limit, need to be taken into consideration when placing an order. Should you require delivery to a location with restricted access, please make sure you highlight this in the ‘delivery comments’ field.
We offer a kerbside only delivery service. Customers who request our vehicles leave the public highway do so at their own risk. By requesting the vehicle to leave the public highway to fulfil the delivery, the customer agrees that we, Silverton Builders Merchants Ltd, will not be held responsible for any direct, indirect, or consequential loss, costs, damages, charges or expenses incurred by this action. Delivery is carried out at the driver’s discretion. Any obstruction, including, but not limited to, parked vehicles, power/telephone lines or any other which the driver perceives as problematic to completing the task, we reserve the right to refuse delivery. In this eventuality we will contact you directly to rearrange, or discuss alternative delivery options.
Goods will be supplied to the customer without a pallet unless requested, in which case, a charge will be applied, payable by the customer. Selected pallets are refundable, and as such, upon receipt of them back to us, in good condition and to our satisfaction, within 7 days of delivering the goods.
Offload Times
All deliveries must be unloaded within 45 minutes of the vehicle arriving at the customer’s delivery location. Any delays in off-loading will incur an hourly charge plus VAT, for each hour the vehicle is delayed at the delivery point.
