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Landscaping

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1. First things first<br />

1.1 In these Terms, when we say:<br />

1.1.1 you or your, we mean you, the trade customer;<br />

1.1.2 we, us or our, we mean TradePoint; TradePoint<br />

is a trading name of B&Q plc, a limited company<br />

registered in England (Company No: 00973387),<br />

whose registered office is B&Q House, Chestnut<br />

Avenue, Chandler’s Ford, Eastleigh, Hampshire SO53<br />

3LE, United Kingdom and whose VAT registration<br />

number is GB 232 5555 75; 1.1.3 Delivery Terms, we<br />

mean the terms that apply to our delivery services,<br />

full details of which can be found in store and on<br />

our Website; 1.1.4 order, we mean an order placed<br />

by you for Product(s) in store, through our Website,<br />

by telephone or using such other means as we may<br />

permit from time to time; 1.1.5 our agreement, we<br />

mean our agreement as defined in clause 2.1; 1.1.6<br />

Privacy Policy, we mean our privacy policy, full details<br />

of which can be found in store and on our Website;<br />

1.1.7 Product or Products, we mean the goods<br />

and products that we sell; 1.1.8 Scheme, we mean<br />

the TradePoint Membership Scheme; 1.1.9 Terms,<br />

we mean these terms and conditions of sale; and<br />

1.1.10 Website, we mean the website (www.tradepoint.co.uk)<br />

that is operated by us or on our behalf.<br />

1.2 These Terms set out the basis on which we may<br />

sell Products to you as a Scheme member. Subject<br />

to clause 3.3, by submitting an order for and/or<br />

purchasing any Product, you are indicating your<br />

acceptance of these Terms and you agree to be bound<br />

by these Terms. If you do not accept these Terms, you<br />

will not be able to order or purchase any Products<br />

from us.<br />

1.3 Any standard terms which appear on your orders or<br />

your other documentation or communications shall<br />

not apply to our sale of Products to you.<br />

1.4 These Terms are only in the English language.<br />

1.5 If you view these Terms via our Website, you should<br />

print a copy of these Terms or save them to your<br />

computing device for future reference.<br />

2 Your agreement<br />

2.1 Any orders you place and purchases you make of<br />

Product(s) are subject to these Terms, our Privacy<br />

Policy, our Delivery Terms (where relevant), and<br />

any additional terms that apply to any quote we may<br />

give or any promotional or special offers (together<br />

our agreement). Our agreement constitutes the<br />

entire agreement between you and us. You can find<br />

the latest version of all our terms in store and on the<br />

Website. You acknowledge that you have not relied on<br />

any statement, promise or representation made or<br />

given by or on behalf of us which is not set out in our<br />

agreement. Nothing in this clause limits or excludes<br />

liability for fraud or fraudulent misrepresentation.<br />

2.2 You confirm that you have authority to bind any<br />

business on whose behalf you enter into our<br />

agreement.<br />

122<br />

3 Buying from us and formation of the contract<br />

between us<br />

3.1 You must be a member of the Scheme to purchase<br />

Products from us. You must be 18 or over to purchase<br />

Products from us.<br />

3.2 Your order is an offer to purchase from us. When you<br />

place an order with us, you do so in accordance with<br />

the terms of our agreement, subject to our acceptance<br />

of your order. If you place an order via our Website<br />

(or where we have otherwise stated that we will), we<br />

will send you an email acknowledging receipt of your<br />

order.<br />

3.3 We will only accept your order on despatch of the<br />

Products ordered by you or on making the Products<br />

ordered by you available for collection in store by you<br />

(as the case may be), unless we have notified you that<br />

we do not accept your order. If you place an order via<br />

our Website (or where we have otherwise stated that<br />

we will), we will send you an email confirming despatch<br />

of the Products ordered by you or their availability for<br />

collection in store (as the case may be). We may choose<br />

not to accept your order for any reason and we will not<br />

be liable to you or to anyone else in those circumstances.<br />

Our agreement is formed when we accept your order.<br />

Where Products you have ordered are despatched and/<br />

or made available for collection in store separately, a<br />

separate agreement is formed for each Product when<br />

we accept your order for that Product. The processing<br />

of your payment and acknowledgment of your order<br />

(whether by email, telephone or otherwise) does not<br />

constitute legal acceptance of your order.<br />

3.4 Without prejudice to clause 7, you may not cancel your<br />

order once it is submitted, unless otherwise agreed<br />

with us or where we offer you the facility to do so.<br />

Our Website order process allows you to check and<br />

amend any errors before submitting your order to us.<br />

Please carefully check your order at each stage of the<br />

order process.<br />

3.5 We will take reasonable steps to display as accurately<br />

as possible the colours and other detailing of our<br />

Products (and their packaging) in the images that<br />

appear on the Website and in our catalogues and other<br />

print media. However, we do not guarantee that the<br />

images and other detailing that appear on the Website<br />

and in our catalogues and other print media will<br />

exactly reflect the colour or detailing of the Product (or<br />

its packaging). Your Products (and their packaging)<br />

may vary slightly from those images.<br />

3.6 Any information on the Website and in our catalogues<br />

and other print media regarding sizing of Products is<br />

included as a guide only. If you are in any doubt as to<br />

the size of any Product you require, we recommend<br />

that you contact us prior to placing an order.<br />

4 Price and availability<br />

4.1 Prices for Products indicate whether the price is<br />

inclusive or exclusive of VAT. VAT will be applied and<br />

will be shown on your invoice at the current applicable<br />

rate. VAT amounts stated may be subject to rounding<br />

variances. The exact amount of VAT will be confirmed<br />

on the VAT invoice. This will not affect the total price<br />

inclusive of VAT.<br />

4.2 To take advantage of promotional prices, you must<br />

quote the relevant promotion code when you order.<br />

4.3 Prices for Products exclude delivery charges unless<br />

expressly stated otherwise. Delivery charges vary<br />

depending on the Product(s) you order and the<br />

delivery method you select; please see our Delivery<br />

Terms for details.<br />

4.4 We may update prices at any time. Despite our best<br />

efforts, a small number of the thousands of products<br />

we sell may occasionally be mispriced. If this happens<br />

then we will not be obliged to supply the Products<br />

at the incorrect price or at all. We will endeavour to<br />

contact you if this happens.<br />

4.5 From time to time we may apply promotional prices<br />

to Products, including Website or in-store only<br />

prices. These promotional prices will only apply in<br />

the context in which the promotion is given and are<br />

subject to the terms of that promotion. For example,<br />

Website only prices will not be applicable to in store<br />

orders or purchases, and in store only prices will not<br />

be applicable to Website orders or purchases.<br />

4.6 Prices for commodity goods will be updated regularly,<br />

please visit our Website or ask in store for further<br />

details.<br />

4.7 Where we provide a quote to you it will be subject to<br />

the terms and conditions applicable to that quote.<br />

4.8 All Products are subject to availability. If you order<br />

Products which are not available from stock, we will<br />

endeavour to contact you to discuss how you wish<br />

to proceed. You will have the option to wait until the<br />

Products are available from stock, or cancel your<br />

order.<br />

5 Payment<br />

5.1 We must receive payment for Products in advance<br />

before your order can be processed, unless we have<br />

agreed otherwise in advance in writing.<br />

5.2 You are responsible for all orders placed by your<br />

authorised employees.<br />

6 Getting your Products<br />

6.1 If you order Products for delivery then the terms that<br />

apply to that delivery will depend upon the Product(s)<br />

that you order and the delivery method you select.<br />

Unless we specifically agree otherwise, we only<br />

deliver to the areas indicated in our Delivery Terms.<br />

We do not deliver to the Republic of Ireland or the<br />

Channel Islands.<br />

6.2 You can see a full set of our Delivery Terms on the<br />

Website.<br />

6.3 Subject to availability and our Delivery Terms, where

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