Terms and Conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.



DFS FIXINGS LTD

Terms and Conditions of Sale

DFS Fixings is a trade supplier. As such, under the terms and conditions agreed to when placing an order on www.dfsfixings.com, or order via the telephone/email , all purchases are B2B (Business to Business), made by a business, for trade / business use, and therefore do not fall under the scope of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.



1. Our Terms

A. These terms and conditions set out: your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.

B. If you do not understand any of these Terms and want to talk to us about it, please contact us by:

I. e-mail: sales@dfsfixings.com, or

II. telephone: 01162669235. Please note that calls will be answered at the following times:

Monday - Friday 08:00 - 16:30

We may record calls for quality and training purposes.

C. Definitions:

I. "We, us or our" means DFS FIXINGS LTD, (Company Number 05294290, VAT registration number GB 854 3201 46) with our registered office being at:

DFS FIXINGS LTD
FOUNDRY SQUARE
BELGRAVE GATE
LEICESTER
LE1 3WW

References to us in these Terms also includes any group companies which we may have from time to time;

II. "Our site or our website" means the site on which these terms and conditions are displayed, including, but not limited to the following websites:

www.dfsfixings.com

III. "Terms" means these terms and conditions of sale as updated from time to time;

IV. "You or your" means the person accessing or using our site to make purchases from us.

D. We are a member of the following association(s):

Federation of Small Businesses

For more details of what this means for you, please visit the following website(s):

https://www.fsb.org.uk

E. The details of these Terms will not be filed with any relevant authority by us.

F. By placing an order on www.dfsfixings.com, or making an order via telephone, you are declaring that the purchase is being made by a “Business” for business or trade purposes (for the purposes of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

G. By placing an order on www.dfsfixings.com, or making an order via telephone, you are declaring that the purchase is not being made by an individual / consumer, for non-business use (for the purposes of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

H. We have no means of confirming the identity / status of the purchaser to confirm points F and G, and therefore cannot be held responsible if a person who would usually identify as a “consumer”, makes a purchase, and identifies as a “business.” Under this circumstance the purchaser would be treated as a business for the purposes of the contract which has been entered into.

2. Terms and conditions of sale

A. These Terms apply to any sale of goods on our site. If you buy goods on our site you agree to be legally bound by these Terms and the terms and conditions contained herein.

B. These Terms are only available in English. No other languages are available for these Terms.

C. When buying any goods on our site you also agree to be bound by:

I. our terms and conditions of use and any documents referred to therein;

II. extra terms which may add to, or replace some of, these Terms. This may happen for the following reasons:

Changes to warranties given by manufacturers
Changes to UK Trading Laws
Changes to Delivery Costs
Changes to our operating procedures
Any other relevant reason

III. specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods.

All these documents form part of these Terms as though set out in full here.



4. Ordering from us

A. Here we set out how a legally binding contract between you and us is made.

B. You place an order on our B2B site by doing the following:

Browsing the website and adding items to the basket. Click proceed to checkout, carefully enter billing and delivery information (we cannot be held responsible for problems arising from website users entering incorrect details) and then using the Opayo checkout facility, or if you are a credit account holder adding the order to the companies credit facility.

C. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

D. When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by Email. This acknowledgement does not, however, mean that your order has been accepted.

E. We may contact you to say that we do not accept your order. This is typically for the following reasons:

I. the goods are unavailable;

II. we cannot authorise your payment;

III. you are not allowed to buy the goods from us;

IV. we are not allowed to sell the goods to you;

V. the number of goods you have ordered is too large; or

VI. there has been a mistake on the pricing or description of the goods.

F. We will only accept your order when we send you an Email to confirm this (Confirmation Email ). At this point:

a. a legally binding contract will be in place between you and us; and

b. your order will be fulfilled

G. If you are under the age of 18 you may not buy any goods from our site.

H. By making a purchase from our site you acknowledge that you are doing so as a business user, and not as a consumer.



6. Right to cancel - business customers

If you are buying goods from our site for business purposes, you shall not be able to cancel the contract created under these Terms at any time. Where items have been ordered incorrectly or are no longer required, you may request to return them for a refund, subject to the terms in our returns policy. Such requests are granted at the discretion of DFS Fixings on a case-by-case basis.


8. Delivery of goods

A. We use the following delivery services to deliver our goods:

DFS Fixings Ltd Delivery Vehicles

Delivery direct from manufacturer


APC Parcelrite

Customers also have the option to “Click & Collect” from the store at LE1 3WW.

B. If you want to see your delivery options, visit our webpage www.dfsfixings.com/Deliveries before you place your order.

C. The estimated date and time window for delivery of the goods is set out in the Confirmation Email.

D. If something happens which:

I. is outside of our control; and

II. affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

E. Delivery of the goods will take place when we deliver them to the address that you gave to us.

F. We may be unable to deliver the goods if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or photocard driving licence) on delivery of goods.

G. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

I. let you know;

II. cancel your order; and

III. give you a refund.

H. If nobody is available to take delivery, please contact us using the contact details above.

I. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

J. We do not make deliveries to any addresses outside of the UK.

K. We may deliver your goods in instalments. To check if your goods may be delivered in this way, click on the check the delivery details during the online checkout process.



9. Payment

A. We accept the following means of payment:

Visa Debit
Visa Credit Card
Mastercard
DFS Fixings Credit Account (for Credit Account Customers only)

B. We will do all that we reasonably can to ensure that all of the information you give us when paying for goods is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

C. Your credit card or debit card will only be charged when you confirm your order.

D. All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.

E. If your payment is not received by us and you have already received any goods, you:

I. must pay for such goods within 30 days; or

II. must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

F. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

G. Nothing in this clause affects your legal rights to cancel the contract during any applicable 'cooling off' period detailed under the Clauses entitled 'Right to Cancel - Non-business customers' and 'Effects of Cancellation - Non-business customers' above.

H. The price of the goods:

I. is in pounds sterling (£)(GBP);

II. includes VAT at the applicable rate; and

III. does not include the cost of:

(a). delivering the goods (delivery options and costs will be provided before you place your order); or

(b). any carrier bags (which cost a minimum of 10p) each).



10. Nature of goods

A. We will do our best to ensure that goods listed for sale on our website:

I. are of satisfactory quality;

II. are fit for purpose;

III. match the description, sample or model;

B. We must provide you with goods that comply with your legal rights.

C. The packaging of the goods may be different from that shown on our site.

D. While we try to make sure that:

I. all weights, sizes and measurements set out on our site are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes, and measurements; and

II. the colours of our goods are displayed accurately on our site, the actual colours that you see on your computer may vary depending on the monitor that you use.

E. Any goods sold:

I. at discount prices;

II. as remnants; or

III. as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

F. If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

I. we will let you know if we intend to do this but this may not always be possible; and

II. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.



11.
Faulty goods

A. For more detailed information on your rights and what you should expect from us, please:

I. visit our webpage: www.dfsfixings.com/Returns;

II. contact us using the contact details above; or

B. Please contact us using the contact details above, if you want:

I. us to repair the goods ;

II. us to replace the goods ;

III. a price reduction; or

IV. to reject the goods and get a refund.

C. The sale of all professional Power Tools by DFS Fixings is governed by the warranty given by the manufacturer, which entitles them to “repair or replace” the item. As these tools are sold exclusively as professional Power Tools they are not covered by the Consumer Rights Act 2015

 

12. End of the contract

If the contract that is created between us under these Terms is ended it will not affect our right to receive any money which you owe to us under this Terms.



13. Limit on our responsibility
to business customers

A. The provisions of this section shall apply to purchases made for business purposes only.

B. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), in the case of purchases made for business purposes, we are not legally responsible for:

I. losses that:

(a). were not foreseeable to you and us when the contract was formed; or

(b). that were not caused by any breach on our part;

II. business losses; and

III. losses to non-consumers.

IIII. losses arising from delayed delivery, and deliveries that were missed



14. Indemnity and insurance

A. You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Terms.

B. You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under these Terms. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.

15. Limitation of liability

A. The extent of the parties' liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.

B. Subject to the sub-clauses below titled "Exceptions", our total liability shall not exceed the sum of £0 (zero pounds).

C. Subject to the sub-clauses below titled "Exceptions", we shall not be liable for consequential, indirect or special losses.

D. Subject to the sub-clauses below titled "Exceptions, we shall not be liable for any of the following (whether direct or indirect):

I. loss of profit;

II. loss or corruption of data;

III. loss of use;

IV. loss of production;

V. loss of contract;

VI. loss of opportunity;

VII. loss of savings, discount or rebate (whether actual or anticipated); or

VIII. harm to reputation or loss of goodwill.

E. Exceptions:

I. The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.

II. Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:

(a). death or personal injury caused by negligence;

(b). fraud or fraudulent misrepresentation;

(c). any other losses which cannot be excluded or limited by applicable law;

(d). any losses caused by wilful misconduct.



16. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.



17. Disputes

A. We will try to resolve any disputes with you quickly and efficiently.

B. If you are unhappy with:

I. the goods;

II. our service to you; or

III. any other matter;

please contact us as soon as possible.

C. If you and we cannot resolve a dispute using our complaint handling procedure, we will:

I. let you know that we cannot settle the dispute with you; and

II. consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

D. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

E. The laws of England and Wales will apply to these Terms.

F. These Terms are current and up to date as of: 31st October 2021