MINIMAL TERMS OF SALE
Last updated 6 April 2022
These Minimal Terms of Sale are referred to in the Terms and Conditions and apply to any contract made on the Site between the Supplier and the Customer (the “Parties”).
Materials Market is not a party to any contract aforementioned. However, in order to protect users of the Site, these Minimal Terms of Sale shall be incorporated into the contract between the Parties and apply to all Products purchased via the Site.
No terms or conditions of the Supplier delivered with or contained in an order for the Products, or any similar document (whether disclosed or exchanged before or after the date of the order) shall form part of the contract between the Supplier and the Customer. In this respect, these Minimal Terms of Sale shall apply in every case to the exclusion of any other terms or conditions except where the Supplier’s own terms or conditions provide the Customer with more comprehensive legal rights than those set out in these Minimum Terms of Sale.
Capitalised terms contained herein but not defined shall have the meaning set in the Terms and Conditions.
In some areas, these Minimal Terms of Sale will offer different rights depending on whether the Customer is a business or consumer. The Customer is a consumer if:
- they are an individual; and
- they are buying Products wholly or mainly for their personal use (not for use in connection with a trade, business, craft or profession).
Provisions specific to consumers only are clearly marked.
Contract between Customers and the Suppliers – Enquiry Function
When a Customer makes an order through the Site, it constitutes an offer to buy the Products in the order. When such an order is placed, the Customer will be sent an e-mail confirming receipt of their order containing the order details (“Order Acknowledgement E-mail“). The Order Acknowledgement E-mail is an acknowledgement that the Supplier has received the offer and does not confirm acceptance of that offer. The acceptance of the offer for Products will only take place when the Customer receives a notification that their order has been confirmed (“Order Confirmation E-mail“), at which point a contract will come into existence between the Supplier and the Customer.
Contract between Customers and the Suppliers – Instant Purchase Function
When a Customer places an order using the Instant Purchase Function, it constitutes a unilateral offer to any Supplier to fulfil that order. At that point, a hold is put on the Customer’s credit or debit card provided.
If a Supplier accepts the offer, a notification email will be sent to the Customer, at which point the payment will be processed and contract will come into existence between the Customer and the Supplier who accepted the offer.
After a Customer posts an enquiry using the Enquiry Function, Suppliers have the ability to propose alternative Products. This will be communicated to the Customer accordingly on the Customer dashboard with an asterisked statement for each alternative product. Although the Supplier will make reasonable efforts to ensure that the alternative Product they offer is a suitable equivalent, the Customer shall not rely solely on the Supplier’s judgement. IT IS THEREFORE THE RESPONSIBILITY OF THE CUSTOMER TO ENSURE THAT THE ALTERNATIVE PRODUCT IS SUITABLE FOR THEIR NEEDS. WHEN THE CUSTOMER MAKES AN ORDER FOR SUCH PRODUCTS, THEY ARE MAKING AN OFFER TO PURCHASE THE ALTERNATIVE PRODUCT(S) AS ADVERTISED.
WHEN A CUSTOMER MAKES A UNILATERAL OFFER USING THE INSTANT PURCHASE FUNCTION, THEY AGREE TO ACCEPT ALTERNATIVE PRODUCTS. If they do not wish to accept alternative Products, they can indicate so by turning the function off.
The images of the Products on the Site are for illustrative purposes only. Although reasonable efforts to display the Products accurately have been made, the delivered Product may vary slightly from those images. All sizes, weights, capacities, dimensions and measurements indicated on the Site have a two percent (2%) tolerance.
The packaging of the Products may vary from that shown in images on the Site.
The Supplier shall ensure that the Products in the order:
(a) correspond in all material respects with their description provided on the Site;
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by the Supplier;
(c) where they are manufactured products, be free from material defects in design, material and workmanship; and
(d) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery.
The costs of delivery are included within the price of the order.
The delivery date will be stated in the Order Confirmation E-mail.
If no one is available at the delivery address the Customer provided to take the delivery, the Supplier will contact them to arrange redelivery. The Supplier may incur some additional costs associated with the redelivery and may charge the Customer reasonable compensation for the costs of such redelivery.
If after a failed delivery, the Customer does not rearrange delivery, the Supplier will contact them for further instructions and may charge them for storage costs and any further delivery costs. If, despite the Supplier’s reasonable efforts, they are unable to contact the Customer or re-arrange delivery for any reason (including reasons beyond the Parties’ control), the Supplier may end the contract and will refund any money paid for the Products not provided but may deduct or charge any foreseeable direct costs incurred as a result.
Legal title to the Product passes from the Supplier to the Customer once payment has been received in full and cleared funds.
It is always possible that, despite the Supplier’s best efforts, some of the Products they sell may be incorrectly priced. If the Supplier accepts and processes the Customer order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Customer as a mispricing, the Supplier may end the contract with no penalty, refund the Customer any sums paid and require the return of any Products provided.
The Customer’s right to return the Products will depend on what they have bought, whether there is anything wrong with it, how the Supplier is performing, when they decide to end the contract and whether they are a consumer or business, as specified below.
If the order has been dispatched or received, the Customer must return it to the Supplier. They must either post them back to the address provided or (if they are not suitable for posting) allow the Supplier to collect them. The Customer may need to cover the costs of such postage or collection.
Change of mind as – consumers
Consumers have a legal right to change their mind and receive a refund for most products bought online. This right would normally start from the date they purchase such products and expire fourteen (14) days after the day they (or someone they nominate) receive the product.
The consumer right to change their mind does not apply in respect of any Products that are from the following categories: (i) products that become mixed inseparably with other items after their delivery; or, (ii) perishable products (such are marked as ‘non-returnable’ on the Site); or, (iii) Kingspan Products (please refer to the order confirmation for more information).
If a consumer exercises their right to change their mind, the Supplier will refund them the price paid for the corresponding Products as soon as possible and in any event within fourteen (14) days after they inform them of their decision to cancel the contract, provided that they have returned the Products to them, where applicable. Any items that have been damaged or are not in similar conditions will not be refunded.
The Customer must organise the return and pay any associated costs of such (including Supplier’s reasonable costs of collection if the Products bought are not suitable for posting).
Change of mind – business
Even if the Supplier is not at fault and the Customer is not a consumer who has a right to change their mind, the Customer can still end the contract before it is completed, but they may have to pay compensation for the net costs the Supplier will incur as a result.
Customer rights in respect of defective products – consumers
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Product, Customers who are consumers may be entitled to the following:
(i) up to 30 days: if the goods are faulty, then the Customer can get an immediate refund;
(ii) up to six months: if the goods cannot be repaired or replaced, then the Customer is entitled to a full refund, in most cases;
(iii) up to six years: if your goods do not last a reasonable length of time, the Customer may be entitled to some money back.
These are subject to certain exceptions. For detailed information, Customers should visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Supplier will pay the costs of postage or collection. Please contact the Supplier via the Site for more information.
Customer rights in respect of defective products – business
For business Customers, the Supplier warrants that on delivery all Products shall conform in all material respects with their description on the Site and be free from material defects in design, material and workmanship, unless previously disclosed.
If the Customer gives the Supplier notice in writing within forty-eight (48) hours after delivery of discovery that the Products do not comply with this warranty, the Supplier is given a reasonable opportunity of examining the Products (such as being provided with clear pictures of the Products) and the Customer returns the Products to the Supplier at the Supplier’s cost, the Supplier shall, at their option, repair or replace the defective Products, or refund the price of the defective Products in full where a replacement is not available.
The Supplier will not be liable for the Products failing to comply with this warranty if:
(i) the Customer makes any further use of the Products after giving notice in accordance with the above paragraph;
(ii) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products or (if there are none) good trade practice;
(iii) the Customer alters or repairs the Products without the Supplier’s written consent; or
(iv) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
EXCEPT IN THE CASE OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE SUPPLIER’S NEGLIGENCE, LIABILITY FOR DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987 OR LIABILITY UNDER S.12 OF THE SALE OF GOODS ACT 1979, THE SUPPLIER SHALL NOT BE LIABLE TO THE CUSTOMER BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR LOSS OF PROFIT OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE PRODUCTS.
WITHOUT PREJUDICE TO THE PRECEDING PARAGRAPH, THE SUPPLIERS TOTAL LIABILITY TO THE CUSTOMER SHALL IN NO CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE PRICE PAID BY THE CUSTOMER FOR THE PRODUCT(S) IN THE ORDER TO WHICH THE CLAIM RELATES.
If any provision or part-provision of these Minimal Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement and/or that provision.
The contract between the Customer and the Supplier shall be governed by the laws of England and Wales, and both Parties agree to submit to the exclusive jurisdiction of the English courts.