Part 1 – Your use of the Website
1. We are BuildStore Ltd, a company incorporated under the Companies Acts (Company No. SC350345) (“BuildStore“, “we“, “us“, “our“). Our principal place of business is at 8 Houstoun Interchange Business Park, Livingston, EH54 5DW. Telephone +44 (0) 845 223 4888. When we refer to “you” and “your” we mean the user and/or browser of our Website, and the person who purchases services from our Website. Where you act as an agent on behalf of a third party – for example where you are an employee and purchase services through the Website for use in a business – these Terms and Conditions will apply equally to the principal.
2. These Terms and Conditions form a legally binding contract between us and you. Your acceptance of these Terms and Conditions is made by your browsing our Website and is dated to your first use of the Website. If you do not accept the Terms and Conditions or any part of them you should stop using our Website immediately.
3. We reserve the right to make changes to these Terms and Conditions from time to time which will take effect from the date of posting on the Website. Your continued use of the site will mark your acceptance of any changes to the Terms and Conditions.
4. We may from time to time display additional terms and conditions on our Website, for example in connection with a specific promotion. If these Terms and Conditions should conflict in any way with such additional terms then the additional terms will prevail.
5. Before providing a link to our Website you should request our permission. To do this, email email@example.com details of the URL on our Website to which you wish to link and the URL of the page on which you will be displaying the link. We do not permit the display of our web pages in any html frame unless we have expressly authorised this.
6. All content on the Website, including (but not limited to) images, graphics, text, applets and scripts, but not including information which is supplied as a part of a Service (as described below) (collectively called “Website Information“) are copyright © BuildStore Ltd. You may view Website Information in a web browser for private browsing purposes only. Copying Website Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted. You may not make a copy of the Website Information or any part of it for any other purpose without our prior written consent, which may be granted at our discretion (where we do not own the relevant intellectual property rights, we will where possible direct you to the owner themselves for such consent). Nothing in these Terms and Conditions or on our Website constitutes a licence to use or copy the Website Information other than as set out above.
7. Occasionally we may publish images or text in which the copyright is not owned by us. Where this is done, and where practicable, we acknowledge the copyright owner.
8. Where practicable, we acknowledge the owners of all trade marks which are referred to in our Website.
9. The Website Information is provided “as is” and we make no representation, endorsement or warranty as to its accuracy. We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Website Information to correct any errors or omissions (or at our discretion) without notice and without liability to you.
10. External websites to which we provide hypertext links are not under our control and we take no responsibility and shall not be liable in any way for their content.
11. It is a feature of our Website that much of the Website Information is contributed to us by many different third parties and we do not control those parties or their information. Opinions expressed within the Website Information are those of the authors and do not necessarily represent our opinions.
12. In the unlikely event that you find any inaccurate information on our Website or have any complaint about anything you find on the Website please email firstname.lastname@example.org. We will investigate on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.
13. BuildStore is a participant in the Amazon Europe S.à r.l. Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk/Javari.co.uk/Amazon.de/Amazon.fr/Javari.fr/Amazon.it.
Part 2 – Supply of Services to you through the Website
Forming a contract for Services
14. We may offer for sale through the Website certain services (the “Services“), provided in accordance with your requirements and the order which you place on the Website for the Services (the “Order“).
15. Your Order is made by completing the staged process set out in the Website for ordering Services, including submission of forms and following a series of hypertext links as directed on the Website. Your Order constitutes an offer to purchase services which, if accepted by us, will be confirmed in writing (including, for the avoidance of doubt, electronic mail) by an “Order Confirmation“.
16. You acknowledge that the Website text, price lists, lists of services or other sales literature contained in the Website Information are provided on an as-is basis, and constitute an invitation to treat and may not be construed by you as an offer by or binding obligation upon us to provide any Service.
17. All invitations to treat (including price lists and quotations) made by us are given or made subject to the availability of goods, materials and any other items required to give effect to our obligations under these Terms and Conditions.
18. The Service shall be provided within the United Kingdom only, and in accordance with the Order and the Order Confirmation and otherwise in accordance with other published literature relating to the Service from time to time, subject in all cases to these Terms and Conditions.
19. The Order shall not be deemed to be accepted by us unless and until the Order Confirmation has been issued to the Customer.
20. Our policy is one of continuous improvement, accordingly we may at any time without prior notification make any changes to the Services as necessary to comply with any applicable statutory requirements, or which do not materially affect the nature or quality of the Service.
21. We may at any time correct any typographical or other errors or omissions in any Website Information, including brochures, promotional literature, quotation or other document relating to the provision of the Services without any liability to you.
22. Any dates quoted for providing the Services are approximate only and not guaranteed and we shall not be liable for any delay in providing the Services howsoever caused.
23. All intellectual property rights (including Copyright) in any material provided as a part of the Services shall, unless otherwise agreed in writing, belong to us (or any other third-party where relevant), subject only to the right of the Customer to use such material in connection with the Services.
Custom Build Homes may send you service and marketing related emails. You can opt-out of our marketing emails at any time by clicking the link at the bottom of any of such email correspondence to update your marketing preferences or to unsubscribe. Service emails are sent to you because you are registered on BuildStore’s Custom Build Register. We will send you relevant information about custom build sites and plots, in line with the information you have provided on the Register.
24. The price of the Services shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in our price list current at the date of performance of the Service.
25. Unless otherwise agreed in writing, payment of the price for the Services, and any VAT is due within 14 days of invoice.
26. All prices are, unless otherwise stated, exclusive of any applicable value added tax.
27. We reserve the right, by giving notice to the Customer at any time before providing the Services, to increase the price of the Services from that quoted to reflect any increase in the cost which is due to any factor beyond our control, any change in delivery dates, quantities or specifications for the Services requested by the Customer, or any delay caused by any instructions or failure by you to give us adequate information or instructions.
28. Time of payment is of the essence of the contract for Services. If you fail to make payment by any relevant due date, we shall be entitled to suspend or cancel the Service. You shall not be entitled to withhold or set off payments for any reason whatsoever.
Part 3 – General terms relating to our relationship with you
Warranties and Liability
29. We warrant that the Service will be provided using reasonable care and skill and, so far as reasonably possible, in accordance with the Order and the Order Confirmation and at the intervals and within the times specified by us (the “Limited Warranty“).
30. Save as set out below, the Limited Warranty is your only warranty in respect of the Services, and stands in place of all other warranties, conditions or other implied terms which are excluded to the fullest extent permitted by law.
31. In the event that a claim arises under the Limited Warranty, we shall, at our sole discretion:
(a) re-execute the Service (or such part of the Service as is required to satisfy the Limited Warranty);
(b) refund to you the price of the Service (or the appropriate proportion thereof), and this shall be your sole and exclusive remedy under the Limited Warranty.
32. Without limiting the generality of the Limited Warranty, we specifically exclude all warranties in respect of any defect in the Service arising from any information supplied by you which is incorrect, arises as a result of any fault or default by you, or arises in connection with any materials, information, data or other services which are supplied by any third party.
33. You warrant that any and all material provided by you, and the use of such material by us for the purpose of providing the Services, will not infringe the copyright or other rights of any third party, and you shall indemnify us against any loss, damages, costs, expenses or other claims arising from any such infringement.
34. Where you operate as a consumer then nothing in these Terms and Conditions shall operate so as to remove any statutory consumer rights.
35. Except in respect of death or personal injury caused by our negligence and except as otherwise specifically provided by law, our entire liability under or in connection with these Terms and Conditions shall not exceed the price for the Services, and we will have no liability to you for any claim to the extent that the same is or can be characterised as a claim for (or arising from): loss of revenue or profits; loss of anticipated savings; loss of goodwill or injury to reputation; loss of business opportunity; loss of data; losses suffered by third parties; or indirect, consequential or special loss or damage, regardless of the form of action, whether in contract, strict liability or tort (including negligence), and howsoever arising (including without limitation arising from any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
36. You agree to the Services commencing immediately upon issue of an Order Confirmation, prior to the end of any statutory cancellation period, and you acknowledge and agree that thereafter you will not have the right to cancel any Services under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise.
37. We shall be entitled to terminate this agreement immediately on notice if at any time you:
(a) make, default in or commit any breach of your obligations under these Terms and Conditions; or
(b) commit an act of bankruptcy, becomes apparently insolvent, make an arrangement or composition with creditors or (being a company) has a receiver, administrator or liquidator appointed or any proceedings have commenced relating to the insolvency or possible insolvency of the Customer; or
(c) causes or threatens to cease to trade or if serious doubt arises as to the Customer’s solvency.
38. We shall not be deemed to have breached these Terms and Conditions or otherwise to be liable to you for any refund or otherwise for any delay in performance or non-performance of any of our obligations to the extent that such delay or non-performance is due to any circumstances beyond our reasonable control.
39. These Terms and Conditions set out the entire agreement between you and us, they supersede any previous agreement or understanding and may not be varied except in writing between you and us.
40. Any notice required or permitted to be given by either you or us shall be in writing and addressed to the other party at its registered office or principal place of business.
41. No waiver by us of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
42. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
43. We may assign the contract under these Terms and Conditions, including the provision of Services, or may sub-contract the whole, or any part thereof, to any other person, firm or company. Unless otherwise agreed in writing by us, you may not assign either the benefit or the burden of the Contract.
44. Where the place of performance of the Service is in England or Wales, then these Terms and Conditions shall be governed by the law of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
45. Where the place of performance of the Service is in Scotland, then these Terms and Conditions shall be governed by the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.