Please note that Buildbase is a trading
division of Grafton Merchanting GB Limited. For more information, click here.
Grafton Merchanting GB
Limited - Showrooms Website - Terms and Conditions
1.0 YOUR USE OF THE SITE
2.0 INTELLECTUAL PROPERTY, COPYRIGHT AND REPRODUCTION
3.0 SITE CONTENT REPRESENTATION
4.0 GRAFTON MERCHANTING GB LIABILITY
5.0 DISCLAIMER OF CONSEQUENTIAL DAMAGES
6.0 VISUAL TIPS
7.0 LINKS TO AND FROM OTHER SITES
8.0 LIMITATION OF LIABILITY
9.0 INDEMNITY
10.0 GENERAL
This page states the terms and conditions under which you may use our Site.
The Site is owned and operated by Grafton Merchanting GB Limited, a private
company limited by shares. Registered in England No. 4725313. Registered
Office: 5520 Oxford Business Park South, Cowley, Oxford OX4 2LL.
Grafton Merchanting GB are subsidiaries of Grafton Group plc. Your use of this
Site constitutes acceptance of these terms and conditions. If you do not accept
the terms and conditions, then you may not use the Site.
Grafton Merchanting GB may revise these terms and conditions at any time by
updating this posting. Any changes in these terms and conditions will be
effective immediately when they are posted on the Site. We reserve the right at
our discretion to change modify, and/or remove portions of these terms and
conditions at any time. You should visit this page periodically to review the
terms and conditions, because they are binding on you.
1.0 YOUR USE OF THE SITE
Grafton Merchanting GB authorises you to view and download a single copy of the
Material (as defined below) on the Site solely for your personal,
non-commercial use. The use of the Site and the Material is entirely at your
own risk. Changes are periodically made to the Site and may be made at any
time.
2.0 INTELLECTUAL PROPERTY, COPYRIGHT AND REPRODUCTION
The contents of the Site such as text, graphics, images, photographs, code and
other material ("Material"), are protected by copyright, trade mark
and other laws in both England and overseas. You must retain all copyright,
trademark and other proprietary notices contained in the original Material on
any copy you make of the Material. You may not reproduce, display, publicly
perform, distribute, sell or modify the Material or otherwise use the Material
in any way for any public or commercial purpose or otherwise in breach of these
terms and conditions. In particular, the use of the Material on any other web
site or in a networked computer environment for any purpose is prohibited. All
trademarks, service marks, and trade names are the property of Grafton
Merchanting GB or its suppliers.
3.0 SITE CONTENT REPRESENTATION
The Material may contain inaccuracies or typographical errors. Grafton Merchanting
GB makes no representations about the accuracy, reliability, completeness, or
timeliness of the Material or about the results to be obtained from using the
Site or the Material. In particular, while Grafton Merchanting GB makes every
effort to ensure that the colour options available on the Site are
representative due to colour restraints on the web, these colours may vary
depending on the browser, hardware platform and resolution of your monitor.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you agree to immediately destroy any copies you
have made of the Material.
4.0 GRAFTON MERCHANTING GB LIABILITY
The following provisions set out Grafton Merchanting GB entire liability
(including any liability for the acts and omissions of its employees, agents or
sub-contractors) to you in respect of: (i) any breach of the contractual
obligations arising under this Agreement; and (ii) any representations,
statements or tortuous act or omission (including negligence) arising under or
in connection with this Agreement; (“Event of Default”). This Agreement does
not prejudice the statutory rights, which you may enjoy if you are dealing as a
consumer within the meaning of English law.
Grafton Merchanting GB shall have no liability to you in respect of any Event
of Default unless you shall have served notice of the same upon Grafton
Merchanting GB as soon as reasonably practicable after the date on which you
became aware of the circumstances giving rise to an Event of Default or the
date when you ought reasonably to have become so aware. Grafton Merchanting GB
shall have 30 days from the date of such notice in which to remedy an Event of
Default hereunder.
Grafton Merchanting GB shall not be liable and shall not otherwise be deemed to
be in breach of this Agreement for any failure to perform (or delay in
performing) any of its obligations hereunder caused by circumstances beyond its
reasonable control.
Grafton Merchanting GB does not warrant that the Site will operate error-free
or that the Site and its servers are free of computer viruses and other harmful
elements. If your use of the Site or the Material results in the need for
servicing or replacing equipment or data, Grafton Merchanting GB is not
responsible for those costs.
The Site and Material are provided on an "as is" basis without any
warranties of any kind. Grafton Merchanting GB and its suppliers, to the
fullest extent permitted by law, disclaim all conditions and warranties,
express or implied including any terms as to merchantability and fitness for
particular purpose. Grafton Merchanting GB and its suppliers make no warranties
about the accuracy, reliability, completeness, or timeliness of the material,
services, software, text, graphics or links. In particular, Grafton Merchanting
GB does not warrant that the use of the Material by you will not infringe third
party rights.
5.0 DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Grafton Merchanting GB, its suppliers, or any third parties
mentioned at the Site be liable for any damages whatsoever (including, without
limitation, incidental, special and consequential damages, lost profits, lost
goodwill or damages resulting from lost data or business interruption)
resulting from the use or inability to use the Site or arising from the use,
repair, service or maintenance of any equipment, whether based on statute,
contract, or any other legal cause and whether or not Grafton Merchanting GB is
advised of the possibility of such damages.
YOUR OBLIGATIONS
You agree:
that any information provided by you will be true, accurate, current and
complete;
and confirm that you are the authorised holder of any credit/debit card you may
use on the Site;
to notify us immediately of any changes to any information you have submitted
to the Site; and
to be available for delivery and to take delivery of any products ordered by
you from the Site.
6.0 VISUAL TIPS
As our Visual Tips are a recording, any references on screen to competitions,
prices, special offers, weather updates, or any other news information are
'time sensitive' and subsequently no longer valid.
The Visual Tip Service is provided in good faith to provide you with general
information only, in relation to do-it-yourself projects. If you are unsure of
a project please ask for advice from our qualified and experienced staff. In
particular before working with electricity, gas or water, you should always
consult an appropriate professional electrician or plumber. Always read and
follow all relevant manuals and safety instructions
7.0 LINKS TO AND FROM OTHER SITES
The Site contains links to third party Web Sites. These links are provided
solely as a convenience to you and not as an endorsement by Grafton Merchanting
GB of the contents on such third party Web Sites. Grafton Merchanting GB is not
responsible for the content of linked third party sites and does not make any
representations regarding the content or accuracy of materials on such third
party Web Sites. If you decide to access linked third-party Web Sites, you do
so at your own risk. Any disputes or questions relating to merchandise from
linked sites or fulfilment or delivery thereof and its quality, suitability and
fitness for purpose shall be directed to the vendors and you acknowledge that
Grafton Merchanting GB and its affiliates, related or subsidiary companies
shall have no responsibility, obligations or liability in relation to such
merchandise.
Grafton Merchanting GB generally welcomes the hyper-linking to the Site from
other appropriate Web Sites provided such links are to the Site’s homepage (and
no deeper within the Site) and provided Grafton Merchanting GB gives its
consent to the establishment of such links. Notwithstanding the foregoing,
Grafton Merchanting GB reserves the absolute right to refuse to consent to such
links without giving reasons. Any links to the Site from another Web Site must
be presented in such a manner that the viewing of the Site is not impaired by
framing or similar techniques that may impair the visitor’s user experience.
8.0 LIMITATION OF LIABILITY
The aggregate liability of Grafton Merchanting GB to you for all claims arising
from the use of the Site is limited to £50.00 and you acknowledge that this is
a genuine pre-estimate of any loss you might suffer as a result of such a
claim.
9.0 INDEMNITY
You agree to indemnify, and hold harmless Grafton Merchanting GB, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting whether directly or indirectly from your use of the Site
or Material (including Software) or your breach of the terms of this Agreement.
Grafton Merchanting GB shall provide notice to you promptly of any such claim,
suit or proceeding and shall assist you, at your expense in defending any such
claim, suit or proceeding.
10.0 GENERAL
This Site is controlled and operated by Grafton Merchanting GB from its
location in England. Grafton Merchanting GB makes no representation that
materials in the Site are appropriate or available for use in other locations.
Those who choose to access the Site from other locations do so at their own
initiative and are responsible for compliance with local laws.
Any disputes, claims or proceedings arising out of or in any way relating to
the Site shall be governed by the laws of England. The English Courts shall
have exclusive jurisdiction for the purpose of any proceedings arising out of
or in any way relating to the Site. Without prejudice to the foregoing, Grafton
Merchanting GB may seek provisional or protective relief in the courts of
another State prior to during or after any substantive proceedings have been
instituted in England and Grafton Merchanting GB may bring enforcement
proceedings in another state on foot of an English judgement.
If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement which shall remain in
full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term.
This agreement constitutes the entire agreement between you and Grafton
Merchanting GB with respect to the use of the Site.
Grafton Merchanting GB may at any time and without liability modify, suspend or
discontinue the Site or any Materials (or any part or specification thereof),
with or without notice for any valid technical, operational or commercial
reasons.
© COPYRIGHT GRAFTON MERCHANTING GB LIMITED 2010. ALL RIGHTS RESERVED.