Terms & Conditions
Please read these Terms and Conditions carefully before placing your order. Please ensure you retain a copy of these terms and your order for future reference.
General
These Terms and Conditions explain your rights and obligations, in relation to this website and any items purchased through this website. They also explain how to purchase from us, our delivery procedures, replacements, refund, returns policy and how to contact us if you have a complaint.
We trade online with the best of intentions to fulfil every order, meticulously, proficiently and without malevolence or intent to harm or cause damage or loss to any customer. However, we also trade with aims to make profits to allow us to continue to provide the best service possible to all our customers.
Please read these Terms and Conditions carefully and ensure you fully understand them before you place an order through our website. You may also have other rights granted by law and these terms do not affect your statutory rights. If there is any aspect of our Terms and Conditions that you do not fully understand, please contact us via the Contact Us page.
The Contract
These terms of sale apply to all goods supplied by ALFAST FIXINGS & FASTENERS LTD, registered office Unit 1 Avant Business Centre, First Avenue, Denbigh West, Milton Keynes, MK1 1DL, registered in England and Wales No. 01527382.
For the purposes of this Contract hereafter Alfast Fixings & Fasteners Ltd shall be described as the “Supplier” and the entity placing an order shall be described as the “Buyer”.
A working day is Monday through to Friday other than weekends and bank or other public holidays.
No contract exists between the Buyer and the Supplier for the sale of any goods until the Supplier has received and accepted the Buyer’s order.
The placing of an order by the Buyer shall be considered an acceptance of our Terms and Conditions in their entirety. All orders placed by the Buyer via this website are on the basis of these Terms and Conditions and are subject to acceptance by us.
An acceptance of the Buyer’s offer to buy the goods will be sent shortly after your order has been placed. However, the Supplier reserves the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
The processing of the Buyer’s payment and acknowledgement of the Buyer’s order (including sending the Buyer an email confirming the order is being processed) does not constitute legal acceptance of the Buyer’s order. With this in mid, we retain the right to refuse an order for whatever reason. If we decide is unfeasible to fulfill your order for any reason, we will refund your money immediately via the same method it was originally paid to us. Please note, the time it takes for the monies to be credited back to you will depend entirely on your card provider or payment facilitator. We will advise you via email when we have refunded your monies.
The contract is subject to the Buyer’s right of cancellation. The Supplier reserves the right to change these Terms and Conditions of Sale without notice to the Buyer in relation to future sales.
Product Description and Availability
Product Description
The description of the goods the Buyer orders will be as shown on the Supplier’s website at the time you place your order.
The Supplier can make changes to the specification of the goods which are required to conform to any applicable safety or other statutory and regulatory requirements.
Specifications
We reserve the right to vary at any time of giving reasonable notice the specifications (including materials and construction) and design of goods, and to supply goods as so varied in performance of any order.
Images, Technical Drawings & Illustrations
Images, technical drawings and illustrations of goods on our website are approximate and for illustrative purposes and general guidance only, and although every effort has been made by the Seller to ensure their accuracy, they may differ from the actual product.
Stock Availability
All goods are subject to availability. It is our aim to supply exactly what has the customer has ordered. In the unlikely event of stock loss or error we will email the customer offering a revised delivery date, or the option to cancel without any penalty incurred.
All goods advertised on the Supplier’s website are subject to availability. While the Supplier endeavours to hold sufficient stock to meet all orders and purchases, if the Supplier finds to have insufficient stock to supply or deliver the goods ordered and paid for by you, the Supplier will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. The Supplier may process any part of the order which is available.
Where goods are out of stock, we will order new stock to fulfil the remainder of the order or refund you the price paid for such goods that has been paid by the Buyer from your credit/debit card for the goods, as soon as possible within the 14-day timeframe.
Ordering of Goods
The Buyer may place an order to purchase a product advertised for sale on our website by following the on-screen prompts after clicking on the item the Buyer wishes to purchase. The Buyer will have an opportunity to check and correct any input error in their order up until the point at which you place your order by clicking the “Place Order” button on the Checkout page.
It is the responsibility of the Buyer to ensure they have ordered the correct quantity of goods by checking and correcting any input error up to the placing of your order. Please carefully check your order as soon as you receive an order acknowledgement by email and contact us immediately if there are any issues with your order. Please quote your order acknowledgement number in the email.
All orders placed by the Buyer and purchases of goods by the Buyer from the Supplier, are subject to acceptance by the Supplier. By placing an order with us on the website you are offering to buy the goods ordered at the price stated on the acknowledgement. The Supplier reserves the right not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
We do accept multiple orders however each order is processed separately and may not necessarily arrive or be ready for collection at the same time. Carriage charges are automatically applied to each individual order, as set out in the Delivery Information section.
Where the Supplier accepts the Buyer’s order, the Supplier has a legal duty to supply goods that are in accordance with these Terms and Conditions of Sale.
All standard items purchased from us are supplied within the scope of the Distance Selling Regulations 2000 and you are entitled to receive, inspect and if so required, return these items at your cost, for refund, excluding any carriage costs. Items that have been used are not covered by these regulations and will not be accepted back for refund.
Age Restrictions for Specific Goods
Where the Buyer places an order for or otherwise purchase age-restricted goods (i.e. knives, knife blades, solvents, aerosols), the Buyer must confirm that they are over the legal age of 18 and that delivery will be accepted by a person over the legal age of 18.
The Seller reserves the right to cancel the Buyer’s order or purchase if the Seller reasonably believes the Buyer does meet the legal age restrictions for specific goods.
Prices and Payment
Prices
All prices on the Supplier’s website are quoted in Pounds Sterling (£). All prices are exclusive of VAT and are subject to the prevailing rate of VAT at the time of placing of order. All prices quoted apply to a specific order only and are subject to change, without prior notification and the price ruling at the date of despatch of goods will be the contract price.
The price payable for the goods the Buyer orders or purchases is as set out on our website at the time you submit your order, plus any delivery charges as advised to you.
All carriage prices are quoted for UK mainland only and calculated by weight and destination within the United Kingdom. The cost of delivery to any destination within the UK mainland will be borne by the Buyer for all orders to be delivered by courier and for orders over £80.00 + VAT.
The Supplier’s website prices are correct at the time the Buyer places their order. The Supplier reserves the right to change the price of commodity goods e.g. copper, at any time due to market volatility. The Supplier is not obliged to accept the Buyer’s order for purchase for such goods and may decline it or limit the order quantity.
Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time the Buyer places their order. On the rare occasion, an error may occur and goods may be either incorrectly priced or described in which case the Supplier will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all.
We reserve the right to correct any errors from time to time. If an error is found within 14 days of accepting the Buyer’s order, the Supplier will inform you as soon as possible and offer you the option of either reconfirming their order at the correct price or cancelling their order.
In addition, if the Supplier does not receive from the Buyer an order confirmation within 14 days of informing them of the error, the order will be automatically cancelled. If the Buyer cancels the order, or if the order is cancelled automatically due to the expiry of the 14-day period, the Supplier will refund or re-credit the Buyer for any sum that has been paid by them or debited from your credit card for the goods.
Payment
Payment shall be due before the delivery date and time for payment shall be a fundamental term of this Contract, breach of which will entitle the Supplier to terminate the contract immediately.
Payment for the goods and delivery charges can be made by any methods displayed on the Supplier’s website at the time the Buyer places their order. All payments are handled by a third-party company and must be paid by debit or credit card at the time of the order. Your payment details will be taken via a secure system which ensures the privacy and security of your payment details.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the credit/debit card refuses to authorise payment, we will not accept the Buyer’s order or purchase. The Supplier is not obliged to inform you of the reason for the refusal and the Supplier will not be liable for the item not being delivered or provided to you. The Supplier is not responsible for the card issuer or bank charging the card holder as a result of our processing of your credit/debit card in accordance with the Buyer’s order or purchase.
The Supplier must receive payment for the whole of the price of the goods the Buyer orders and purchases plus any applicable charges for delivery. The Supplier will not deliver goods ordered by the Buyer until cleared funds are received.
Payment of orders placed on the Supplier’s website can be made by credit or debit cards (American Express and Diner Club card are not accepted) by completing the relevant details on the Checkout page. The Buyer confirms that by using the credit/debit card to pay for their order or purchase, the card being used is theirs or the Buyer is authorised to use it.
If the Buyer is a trade customer, you are responsible for all orders placed by your employees and for any purchases made on credit/debit cards issued to you. The Supplier is not bound by any individual order limit you may impose on your employees. The trade customer may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
The Supplier strongly advises that the Buyer does not communicate your payment card details and password to anyone via email, including the Supplier. The Supplier cannot be held responsible for any losses the Buyer may incur in transmitting information to us by email or internet, any such loss shall be entirely the responsibility of the Buyer.
The format of the Buyer’s invoice to the Buyer will be solely decreed by the Supplier.
Delivery and Click & Collect Service
Delivery Information
The Buyer should note before placing an order, to please refer to the delivery options set out on the Supplier’s website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery.
Alfast offer delivery only to England, Wales and certain parts of Scotland. Orders placed by the Buyer before 1.00pm on working days Monday to Thursday, but before 11.00am on Friday, will be processed that day and will be delivered on a 24/48-hour service, on condition no additional security checks are required and all stock items ordered are available. For periods that include bank holidays, please allow extra days when ordering your goods as our couriers do not include bank holidays as a working day.
Please note, if we are busy, or your order is large, or the courier’s vehicle has reached their weight limit, the cut off time of 1.00pm may not apply. Orders placed before 11.00am on a Friday may be delivered by the courier on a Saturday (subject to circumstances beyond the control of the courier). All items on your order will be delivered in one shipment.
Alfast offers free carriage for orders over £80.00 exclusive of VAT to buyers who have requested delivery to an address in England and Wales (except Central London and UEL Zone where separate rates apply) up to a maximum weight of 20 kilos. Delivery charges are applicable to all other locations within the UK mainland and are based on the weight of the order. The delivery charge for your goods will b clearly shown at Checkout and on your automated email order confirmation. The Supplier is unable to place orders through the post due to non-tracking of delivery.
The Supplier reserves the right to make partial deliveries by separate delivery shipments.
Our stock control process is fully automated and accurate. In the unlikely event of stock loss/error we will contact the Buyer offering a revised delivery date or the option to cancel without penalty. Please note that while we always aim to meet the advised delivery dates, timescales for deliveries cannot be guaranteed. Delayed delivery may result from circumstances beyond our control such as delays on roads due to roadworks or traffic accidents, extreme weather and floods, courier vehicle breakdown etc., the list is not exhaustive. The Supplier cannot be held responsible for any subsequent expenses if delivery is delayed.
Delivery is usually made to the billing address of the payment card. Deliveries to another address can be made by completing the necessary delivery details when requested to do so at Checkout. Alfast does not accept liability where goods are requested to be delivered to an alternative address.
The Buyer, upon receipt of order, will be asked to sign for the goods received in good condition. If the Buyer is unable to check the contents of their delivery at the point of delivery, the Buyer is to sign for the parcel as Unchecked. Failure to do so may affect any warranty claims that you make thereafter.
The Supplier strongly suggests the Buyer, upon receipt of their order, ensures the goods supplied are checked and are suitable for your purposes and do not have any defects or missing parts. In the unlikely event the Buyer has not received all the goods within the stated delivery time, the Buyer must notify the Supplier immediately.
The Supplier will make every effort to deliver the goods as soon as possible after the Buyer’s order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by the Buyer through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform the Buyer as soon as is possible. If delivery of goods cannot be made to your address for reasons under the Supplier’s control, the Supplier will inform you as soon as possible.
The Buyer must do all that they reasonably can to enable delivery to take place at the given time and place. If the Buyer delays delivery, or delivery fails because the Buyer has not taken appropriate steps (other than by reason or circumstances under the control of the Supplier), then without prejudice to any other right or remedy available to the Supplier, the Supplier may pass on the cost of any re-delivery to the Buyer.
If the Buyer fails to take delivery because they have cancelled the Contract under the Distance Selling Regulations, the Supplier shall refund or re-credit the Buyer within 30 days for any sum that has been paid by you or debited from your credit/debit card for the goods. Upon the Buyer exercising their right to cancel, the Buyer shall be required to return the goods to the Supplier. Should the Buyer fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
All goods returned under the Distance Selling Regulations will be refunded less the cost of carriage for delivery.
Click & Collect Service
Our Click and Collect service is available on all goods marked as available for “Store Collection” on our website.
Acceptance of the Buyer’s order and the formation of a contract between us will take place when we hand the purchased goods over to you at the Supplier’s trade counter.
If the Buyer needs to cancel their order after you have submitted it on the website, please email us your request to cancel your order.
Collection of Goods at Trade Counter
Before the Buyer places their order with the Supplier, the Buyer will be asked to confirm they wish to collect from the Supplier’s trade counter. The Buyer must collect the goods from the trade counter.
If the Buyer’s goods are in stock, the Supplier will aim to ensure that they are available for collection from the trade counter within 90 minutes (during trade counter opening hours) after we receive your order and successfully process your payment.
Any goods not in stock on the day of ordering can usually be made available for collection from 2.00pm on the next working day. The Buyer can, where possible, part-collect the available goods the same day from the Supplier’s trade counter and collect the remaining goods from 2pm the next working day.
Should the Buyer not collect their order within 14 days then the Buyer’s order will be cancelled, and the value of your order will be applied as a customer credit to your record. The Buyer will require to email a request to a refund and the refund will be transacted via our website credit card facilitator and credited to your credit/debit card.
Returns and Cancellation
Returns
Checking your Order
Please carefully check your order as soon as it arrives. Keep all delivery paperwork and packaging until you have checked and verified the paperwork enclosed against the goods supplied. Please unpack items carefully to avoid damage to the packaging and the products contained within.
Return of Unwanted Goods
Should any items not meet with your approval, you have the right to return to us for refund (excluding any carriage costs), providing they are unused, and it is within 14 days of receipt of goods. Please ensure all items are unused and in the same original condition. The items must be re-packed securely in the original packaging cartons that you received the goods in, with a photocopy of the original invoice included, and ready for collection by our courier. We will advise the collection date. Should our courier be unable to collect your item more than twice, a collection charge of £7.95 + VAT may be incurred.
On return of your unwanted goods, they will be inspected to ensure they are in a resalable condition. It is responsibility of the Buyer to ensure that the goods arrive in a resalable condition. A refund will be issued within 14 days from receipt of returned items.
Shortage or Error
Should the Buyer find upon receipt of their order, a shortage or an error in the goods supplied, please notify us in writing within 24 hours from receipt of goods. We will immediately investigate the matter and resolve as quickly as possible with no additional delivery charges.
Incorrect Items Ordered by the Buyer
Alfast is committed to providing Buyers with quality products and service. If, for whatever reason, you decide to return goods that have been correctly supplied by us but have been incorrectly ordered by the Buyer, the Buyer has 14 days from receipt of the goods to notify us in writing. These goods must be returned to us within 14 days, at the Buyer’s cost. To be eligible for a return, the goods must be unused and in the same original condition and in the original packaging cartons that you received the goods in, with a photocopy of the original invoice included.
A refund to the value of the goods only, will be initiated within 14 days from receipt of the returned goods, via our website credit card facilitator, depending on your card issuer’s policies. This policy also applies to goods ordered online via Click & Collect service where the buyer decides not to take the goods at the trade counter.
A collection charge of £7.95 + VAT will be payable and deducted from any refund issued where goods have been collected by the Supplier via our courier.
Correct Items Ordered by the Buyer
If for whatever reason, you decide to return goods that have been correctly supplied by the Supplier, these goods must be returned to us. To be eligible for a return, the goods must be unused and in the same original condition and in the original packaging cartons that you received the goods in, with a photocopy of the original invoice included. The Buyer has 14 days from receipt of the goods to notify us in writing. These goods must be returned to us within 14 days, at the Buyer’s cost.
A refund to the value of the goods only, will be initiated within 14 days from receipt of the returned goods, via our website credit card facilitator, depending on your card issuer’s policies. This policy also applies to goods ordered online via Click & Collect service where the buyer decides not to take the goods at the trade counter.
A collection charge of £7.95 + VAT will be payable and deducted from any refund issued where goods have been collected by the Supplier via our courier.
Incorrect Quantities Ordered by the Buyer
Each product page where prices are charged “per Pack”, it clearly states then quantity in each pack (highlighted in bold) and the number of packs available to purchase (highlighted in green). Where prices are charged “per Pack”, the Buyer clicks the number of packs required.
It is the responsibility of the Buyer to check and ensure they have ordered the correct quantity of goods at Checkout. If the Buyer incorrectly orders too many quantities, the Buyer accepts the quantity of the goods ordered.
Faulty or Incorrect Items Supplied to the Buyer
If on the rare occasion, products are found to be faulty, defective, or incorrectly supplied against your order, you will be asked to return the item for inspection and where appropriate, a replacement or refund will be issued, or a partial refund upon the length of time you have had the product. We reserve the right to inspect any faulty items sent to you before replacing them.
The Buyer has 7 days from the receipt of the goods to notify us in writing via email or through our Contact Us page. Please state in your email the invoice/delivery note number, the online website order number, the items and the problem you have, and we will do our utmost to rectify the problem as quickly as possible.
Alfast offers a collection, replacement and delivery service at no charge to the Buyer. If we have arranged a courier to collect your product, we are unable to specify the collection time. It is the Buyer’s responsibility to ensure that someone will be present when the courier arrives at the collection address.
Please note, items will show signs of wear and tear with the passing of time. This is to be expected and does not signify a fault in the item.
If an item develops a fault after 7 days following delivery or collection, the Seller may offer a repair or replacement of the item, or a refund. If the item is to be repaired, and the manufacturer has provided a helpline, repair service or warranty, we may ask you to make contact with the manufacturer direct or we can do this on your behalf. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible, we will replace the item with the same or an equivalent product.
Goods Damaged on Delivery to the Buyer
Any damaged parcels received by the Buyer must be signed as such with the delivery driver and notified to us via email or through our website’s Contact Us page within 24 hours of receipt of your order.
If the goods supplied to the Buyer are damaged on delivery, the Buyer must notify the Supplier in writing, together with photographs of proof of damage, by hand or email within 24 hours from receipt of goods.
To be eligible for a return, the goods must be unused and in the same original condition and in the original packaging cartons that you received the goods in. Alfast will arrange collection, replacement, and delivery service at no charge to the Buyer. It is the Buyer’s responsibility to ensure that someone will be present when the courier arrives at the collection address.
If the Buyer wishes for the Supplier not to send replacement goods, we will arrange for collection from the original address the faulty or incorrect goods were originally despatched.
A refund to the value of the goods only, will be initiated within 14 days from receipt of the returned goods, via our website credit card facilitator, depending on your card issuer’s policies.
Goods Ordered In or Manufactured Specially to Buyer’s Instruction
Any goods that have been displayed “On Backorder” and ordered in or manufactured specially against your instruction, are non-returnable and not accepted for refund.
Cancellation
The Buyer has the right to cancel their order and return the items purchased to us by giving us notice of cancellation in writing within 14 days of the date of delivery to you or your collection from the Seller’s trade counter, as is applicable. In relation to goods delivered to the Buyer, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. The Buyer will lose their right to cancel after the expiry of the 14-day period. This does not affect your rights if there is any problem with the goods.
Where your order comprises multiple delivery shipments, the 14-day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
Online order(s) that have been cancelled in writing by the Buyer prior to delivery or collection, a cancellation charge of £6.95 per order will be deducted from any refund issued. The refund(s) will be initiated within 14 days from date of cancellation, depending on your card issuer’s policies. If the total gross amount of the cancelled online order is less than the cancellation charge of £6.95, the order will be non-refundable.
To exercise the Buyer’s right to cancel, you may inform us of your decision to cancel by email or via our Contact Us page. Notification of cancellation of order via phone is not accepted.
Once the Buyer has notified the Seller that they are cancelling the contract, the Supplier will refund or re-credit the Buyer within 14 days for any sum that has been paid by the Buyer or debited from their credit/debit card for the goods, excluding any delivery charge paid for delivery to the Buyer.
On cancellation for whatever reason, where the Buyer has received the goods, the Buyer will be responsible for returning the goods to the Seller, together with the original packaging, without delay and in any event within 14 days after the day of the cancellation at the Buyer’s cost. The Buyer must return goods with all components.
The Buyer must ensure the goods are returned to the address shown on the Contact section of the website. The Buyer must take reasonable care to ensure the goods are not damaged in the meantime or in transit. The Buyer may return certain goods by post from your local Post Office and larger goods by the Seller’s carrier collection service. The Seller reserves the right to charge a fee for the carrier collection service, the amount of the fee will depend on the goods returned up to a maximum fee of £25.
Following cancellation, the Seller will refund you the price paid for the cancelled order, or part of the order cancelled. Where the Buyer cancels the entire order, the Seller will also refund the standard delivery charges, or an amount equal to the standard delivery charges, if you elect to use a more expensive delivery method paid. Where the Buyer cancels part of an order, the Seller will not refund the delivery charges.
The Seller will pay the refund within 14 days after the day the Buyer notified the Seller to cancel their order vias email or the Contact Us page; or where the Buyer has not received the goods, or the Seller receives the goods you returned to us where the Buyer is in receipt of the goods, or the Buyer provides us with a proof of return for the goods where you have returned the goods but the Seller has not yet received them. The Seller will refund the Buyer using the same means of payment as the Seller used to pay for their order or purchase.
The Seller reserves the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use. For these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, functioning and characteristics of the goods. The Seller reserves the right to withhold any refund until the Seller has received the goods or the Buyer has supplied proof of return for the goods. This does not affect your statutory rights.
Warranty and Liability
Warranty
The Supplier warrants that all goods supplied are to the best of their knowledge of merchantable quality and are free of any defects due to materials, design, or workmanship. This warranty does not affect your statutory rights as a consumer.
The Supplier reserves the right to make alterations in design, colour, finish, or content of the goods sold from the samples shown or displayed in brochures, catalogues, or websites. All goods are supplied subject to availability.
This warranty does not apply to an defect in the goods arising from fair wear and tear, accident, wilful damage, negligence by the Buyer or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the approval of the Supplier.
The Supplier, being unaware of the eventual application of the parts supplied, cannot be held liable for the performance of such goods when supplied, exactly as specified by the Buyer.
The Buyer is solely responsible for ensuring that goods purchased from the Supplier are fit for any particular purpose and no warranty or condition of fitness is given or is to be implied on these terms.
The Supplier at all times reserves the right, notwithstanding any other remedies available to it, to refuse to supply and/or suspend further deliveries and/or stop goods in transit or fulfil any other obligations of this Contract without having to give a good reason, whether or not, the Buyer fails to fulfil any of its obligations under this Contract.
Liability
The Buyer shall ensure that the goods purchased are made to specification prior to use. The Buyer shall have no claim in respect of defects unless a written complaint is sent to us in writing via email or through our Contact Us Page and no use is made of the goods thereafter, no alternation thereto by the Buyer before we are given an opportunity to inspect the goods.
All goods supplied are not of our own manufacture and are not guaranteed by us but carry only any guarantee given by the manufacturer.
If the Buyer purchases goods from the Seller as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, the Sellers accepts no liability for any:
a) Loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by the Buyer and the Supplier at the time you and we entered into our contract).
b) Loss which arises when the Supplier is not at fault or in breach of these Terms and Conditions.
c) Any indirect or consequential business loss or damage, whether for loss of profit, loss of business, depletion of goodwill, contracts, business opportunity, business interruption or otherwise, costs or expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Contract.
d) If the Buyer is a trade customer, the Seller will have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
If the Buyer is a trade customer, without prejudice the Supplier shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any:
i) Loss of profit, loss of business, goodwill, contracts, business opportunity and other similar losses, or any business interruption,
ii) Indirect or consequential loss, neither will the Supplier be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
iii) If the Buyer is a trade customer, the Buyer acknowledges and agrees that these Terms and Conditions constitute the entire and only agreement between us.
iv) Nothing in these Terms and Conditions is intended to affect your legal rights if the Buyer is a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
v) Goods are intended for use in the United Kingdom only. The Seller cannot confirm that the goods comply with any laws, regulations, or other standards applicable outside of the United Kingdom. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
vi) If you are a trade customer, the Seller will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Consequently, if the Buyer is a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
Force Majeure
The Supplier shall not be held responsible to the Buyer and therefore has no liability to the Buyer whatsoever for non-performance, for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered in whole or in part of its obligations as conferred under the Terms of this Contract for any reason or cause beyond our direct and reasonable control.
Such reasons shall include (but not inclusively), strikes, lockouts, accidents, extreme weather conditions, flood, storm earthquake, natural disaster, disruption of power, failure of telecommunications networks, inability to use transport networks, materials or fuel supplies, outbreak of epidemic and/or pandemic diseases, terrorist attack, acts of war, civil disturbance, riots, fire, explosion, mechanical failures and other industrial disputes, acts of God, acts or restraints of Government and impositions or restrictions of imports of exports.
Data Protection
When supplying goods to the Buyer, the Supplier may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
The Supplier and the Buyer both agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Supplier shall be the ‘data processor’ as defined in the General Data Protection Regulations (GDPR) as may be amended, extended and/or re-enacted from to time.
For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
The Supplier shall only Process Personal Data to the extent reasonably required to enable it to provide the goods as mentioned in these Terms and Conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the processing and refrain from Processing and Personal Data for its own or for any Third Party’s purposes.
The Supplier shall not disclose Personal Data to any Third Parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions, as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
The Supplier shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Supplier on behalf of the Buyer. Further information about the Supplier’s approach to data protection are specified in its Data Protection Policy, which can be found on our website.
The Supplier will take all reasonable precautions to keep details of the Buyer’s order and payment secure, but unless the Seller is negligent, the Supplier will not be liable for unauthorised access to information supplied by the Buyer. Full details are set out in our Privacy Statement.
Title, Risk and Laws
Title & Risk
Risk and therefore responsibility for insurance of all items supplied shall pass to the Buyer upon delivery within the United Kingdom mainland.
All goods supplied to the Buyer trading within the United Kingdom and are ultimately assigned for destinations outside the United Kingdom, are sold FOB (Free On Board) and acceptance by the Shipping Agent on behalf of the Buyer shall constitute delivery of the goods, and insurance and risk liability shall pass to the Buyer at this point.
Without prejudice, upon delivery of the goods to the Buyer or collection of the goods by the Buyer, the goods shall be at the Buyer’s risk and responsibility. In spite of delivery or collection, title of goods supplied by the Supplier does not pass to the Buyer until the Supplier has received in full all sums due to it in cleared funds in respect of the goods, and all other sums which are, or which become due to the Supplier from you on any account.
Law & Jurisdiction
This Contract shall be governed by and interpreted according to the Laws of England and Wales and all disputes arising under the Contract (including non-Contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Contact Details
Should you wish to discuss, cancel, or to make a complaint with respect to your order, please email sales@alfast.co.uk or use the website Contact Us page, or write to our postal address Alfast Fixings & Fasteners Ltd, Unit 1 Avant Business Centre, First Avenue, Denbigh West, Milton Keynes, Bucks, MK1 1DL.