The Workplace Depot Website Terms and Conditions
1. Definition and Interpretation
2. Basis of the sale
3. Orders and specifications
4. Price of the Goods
5. Terms of Payment
6. Delivery
7. Risk and Property
8. Intellectual Property
9. Warranties and liability
10. Force Majeure
11. Insolvency of buyer
12. Return of Goods
13. Non-Return of Safety Steps & Trolleys
14. General
1. Definition and Interpretation
1.1 In these Conditions:
- "BUYER" means a consumer or business whose Order for the Goods is accepted by the Seller
- "GOODS" means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
- "SELLER" means the Company named on the Website.
- "CONDITIONS" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller
- "CONTRACT" means the contract for the purchase and sale of the Goods
- "WRITING" includes email but not fax or telex.
- "SUPPLIER" means a manufacturer, or an authorised individual having supplied any of the Goods specified on our Website, and who owns or is authorised to use the Intellectual Property Rights in the Goods.
- "INTELLECTUAL PROPERTY RIGHTS" means copyrights, letters, patents, know how, inventions, utility models, registered and unregistered designs, trade and service marks, trade names, logos, patent applications, rights in the nature of copyrights and all other similar rights arising from the Materials and Products.
- "WEBSITE" means this site and associated sites by the Seller.
- "ORDER" means any order placed with the Seller by the Buyer.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the Relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 Construction
In these Conditions, the following words or expressions shall have the following meanings:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision as a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the person including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Basis of the sale
2.1 These Conditions apply to the Contract to the exclusion of all any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom and practice or course of dealing.
2.2 the Goods are as described on the Website. The Website is produced and displayed for the purpose of giving an approximate idea of the Goods. Any description, illustration or other representation relating to the Goods (including measurements and dimensions) shall not form part of the Contract nor have any contractual force nor shall any other marketing material (including any catalogue produced by the Seller). The Seller reserves the right to make any changes to the Goods at any time without notice.
2.3 The Seller's employees or agents are not authorised to make any variations to these Conditions or any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 We will process and store your personal data at all times in accordance with our data protection policy, details of which can be found at: https://www.theworkplacedepot.co.uk/privacy-policy You can access and view your recent orders via your customer login.
2.5 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.6 Any typographical, clerical, or other error or omission in the Catalogue or Website shall be subject to correction without any liability on the part of the Seller.
2.7 If the Seller is unable to supply the Goods it may offer you an alternative or a refund which shall be the Buyer’s sole and exclusive remedy against the Seller. These terms also apply if you are consumer. In addition, if you are a consumer, please refer to clause 6.4.
3. Orders and specifications
3.1 No Order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by e mail or verbally by the Seller's authorised representative, at which point the Contract shall come into existence.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. In addition, the Buyer shall be responsible for ensuring that the Goods are suitable for the Buyer’s intended purpose.
3.3 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
If you are a consumer, and the changes to the Goods are significant, we will notify you and you may then need to contact us to end the contract before the changes take effect and receive a refund for any Goods paid for but not received.
3.4 Unless the Buyer is a consumer (please refer to clause 6.4 below), the Buyer shall be deemed to have accepted all Goods upon the delivery of the goods by the Seller to the address specified in the Order.
3.5 Unless the Buyer is a consumer , no Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all liabilities, loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
3.6 Please be advised that if you wish to cancel an order that you have placed, when the delivery times have been clearly stated, goods are in production and within the delivery terms then a cancellation charge of 25% will be applied.
If you are a consumer, you have the right to cancel your Order without penalty. This time limit starts from the moment you place your order and ends 14 days from the day you receive the Goods. You then have a further 14 days from the date you notify the Seller that you would like to cancel your order and return the Goods to us.
4. Price of the Goods
4.1 The price of the Goods shall be the price listed in the Seller’s Website as at the date of the Order.
4.2 The Seller reserves the right, by giving notice to the Buyer, at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller including without limitation the costs passed on from the manufacturer, or any change in delivery dates. The Buyer then has the right to cancel the Order within 7 days of that notice. The right to cancel can be exercised in writing or in another durable medium if you provide your details to us.
4.3 Except as otherwise stated all prices quoted on the Seller’s Website are on an ex works basis and do not include VAT. This means that delivery is extra unless otherwise stated.
If you are consumer, this means that the costs of delivery are extra to the cost of the Goods. You will be advised of the delivery charges before you place your Order.
4.4 Price Fluctuations: Due to the volatile nature of the currency markets, especially the pound against the euro, some products may carry a surcharge. If this is the case, you will be informed before your order is processed. You have the right not to proceed with the Order.
5. Terms of Payment
5.1 The Buyer must pay for at least one Order for Goods in full and on time before the Seller shall permit the Buyer (entirely at the Seller’s discretion) to open an account with the Seller.
5.2 To open an account, the Buyer shall provide the Seller with their business details (including their bank account information), undergo a credit check through the Seller’s appointed credit reference agency and provide two trade references, satisfactory to the Seller. The Seller also reserves the right to undertake credit checks as it sees fit at any time and decide whether to open
5.3 Subject to any other terms agreed in Writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods within 48 hours of processing. The Buyer shall pay all sums due under the Contract to the Seller within 30 days from the date of the Seller's invoice.
5.4 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.4.1 cancel the Contract or suspend any further deliveries to the Buyer;
5.4.2 charge the Buyer interest from the due date of payment until judgment on the amount unpaid, at the rate of 3 per cent per annum above National Westminster Bank PLC base rate from time to time accruing from day to day, until payment in full is made.
5.5 The Buyer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against amounts payable by the Seller to the Buyer.
5.6 If the Buyer fails to pay any sum due on its due date, the Buyer shall pay and fully indemnify the Seller in respect of all costs which the Seller incurs in the collection of its fees including all legal costs and expenses and the cost of any enforcement proceedings.
6. Delivery
6.1 Delivery will be made to the address specified in the Order.
6.2 All stocked items are delivered on a 3-5 working day basis. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused including but not limited to a Force Majeure Event or the Buyer’s failure to provide adequate delivery instructions Time for delivery shall not be of the essence. Delivery dates given are approximate only.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract (and each contract is divisible), and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 Goods must be examined and signed for upon receipt. Your signature confirms that goods have been received in perfect condition and you have accepted them.
If you are a consumer, you have the right to receive a refund within 14 days from delivery if you have changed your mind and no longer wish to keep the Goods. You will not be able to exercise this right if the Goods have become mixed inseparably from other items after delivery. However, if the Goods are faulty, you have 30 days following delivery to return the Goods to us. If you do not reject the Goods within the first 30 days following receipt and you find a fault within the first six months you are obliged to give us the opportunity to repair or replace the Goods. If we are unable to repair or replace the Goods, we will give you a full refund which will be the full extent of our liability to you.
6.5 The Seller shall not be held responsible for any damages reported after a signature has been obtained. Please see above if you are a consumer as to your rights.
6.6 All deliveries are to pavement level ground floor locations only.
6.7 Builders, installers or other service providers should not be booked until you are fully satisfied that the goods you have ordered are in your possession and fit for purpose. We cannot be held responsible for late deliveries due to third party carriers.
6.8 If the Buyer fails to take or accept delivery of the Goods within 5 Business Days of the Seller notifying the Buyer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Sellers failure to comply with its obligations under the Contract:
(a) Delivery of the Goods shall be deemed to have been completed at 9:00 am on 2 Business Day after the day on which the Seller notified the Buyer that the Goods were ready; and
(b) The Seller shall store the Goods until delivery takes place, and charge the Buyer for all related costs and expenses (including insurance).
6.9 If, upon the expiration of 14 Business Days after the day on which the Seller notified the Buyer that the Goods were ready for delivery the Buyer has not taken or accepted delivery of them, the Seller may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.
If you are a consumer, and you do not re-arrange delivery after a failed delivery attempt to you, then we reserve the right to charge you storage and any further delivery costs.
6.10 Notification of damage in transit, incomplete or inaccurate delivery must be made in writing to the carrier within 3 days of delivery and to the Seller immediately. All Goods must be examined upon receipt and any damage or discrepancy noted on the carrier’s sheet. The Seller will not be liable for any claim unless this procedure is followed.
7. Risk and Property
7.1 Title to the Goods shall not pass to the Buyer until the Buyer has paid the full price due under the Contract in cash or cleared funds to the Seller and all other amounts outstanding to the Seller, but, even though the title has not passed, the Seller shall be entitled to sue for their price once this payment has become due. If you are a consumer, this means that you do not own the Goods until they have been paid for in full.
7.2 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.3 Until title to the Goods has passed to the Buyer, the Buyer shall:
(a) store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller's property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risk for their full price from the date of delivery;
(d) notify the Seller immediately if it becomes subject to any of the events listed in clause 12; and
(e) give the Seller such information relating to the Goods as the Seller may require from time to time.
7.4 If the Buyer incorporates the Goods into other equipment or products ('the New Goods') provided that the Goods remain a readily identifiable and removable part of the New Goods the provisions of clause 7.2 and 7.3 shall apply.
7.5 Risk in the Goods shall pass to the Buyer upon delivery. If you are a consumer, this means that you become responsible for the Goods when the have been delivered.
7.6 For business customers: The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other rights or remedy of the Seller) forthwith become due and payable.
8. Intellectual Property
Nothing in the Contract shall effect or transfer ownership of the Intellectual Property Rights in the Goods from the Seller or Buyer.
9. Warranties and liability
9.1 Subject to the conditions set out below, the Seller warrants that the Goods will correspond with the specification in the Catalogue or Website at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of delivery, whichever is the first to expire.
9.2 The above warranty is given by the Seller subject to the following conditions:
9.2.1 it is established by the Seller that some part of the material used in manufacture was defective;
9.2.2 the Goods have been returned carried paid to the Seller; and
9.2.3 the Goods have not been subjected to abuse or misuse of any kind.
9.2.4 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval; and
9.2.5 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
9.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller pursuant to clause 6.5 or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
If you are a consumer, please refer to clause 6.4 above for an explanation of your rights.
9.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
9.6 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of anticipated profits, damage to the Buyer's reputation or goodwill, loss of expected future business, damages, costs or expenses payable by the Buyer to any third party or any other indirect or consequential loss ( and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
10. Force Majeure
10.1 The Seller shall not be under any liability for any failure to perform any of its obligations due to Force Majeure. Following notification by the Seller to the Buyer of such course, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.
10.2 For the purposes of this Condition, Force Majeure means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected hereby.
10.3 If notwithstanding the foregoing liability is deemed by a court of competent jurisdiction that the Seller is liable to the Buyer then the amount recoverable by the Buyer or any person claiming through the Buyer in respect of any and all breaches by the Seller shall be limited to the reasonable cost of remedying the defect or other matter constituting such breach (and the Seller shall first be afforded the opportunity of carrying out the remedial work at its own cost) and in no circumstances whatsoever shall the Seller's liability to the Buyer exceed the value of the goods in question.
11. Insolvency of buyer
11.1 This clause applies if:
11.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or a bankruptcy order is made; or
11.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
11.1.3 the Buyer ceases, or threatens to cease, to carry on business; or
11.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
11.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12. Return of Goods
Please note that the provisions of this clause 13 do not apply if you are a consumer. Your rights to return Goods are set out at clause 6.4 above.
12.1 The Seller will be happy to receive back any items which are deemed to be unsuitable by the Buyer.
12.2 Intention to return unsuitable items must be advised within 14 working days from receipt.
Returns are subject to the following conditions;
12.3 The Goods shall be unused, as new, in saleable condition and in its original packaging.
12.4 The Workplace Depot will not arrange for the goods to be collected.
12.5 Upon return goods will be examined and if applicable a refund less the return carriage fee will be issued. The Seller also reserves the right to pass on any costs the Seller is liable from the manufacturer or a third party supplier of the Goods.
12.6 Restocking fees of 20% will be applied for any return of goods from B2B sale.
12.7 Should the goods be deemed not suitable for resale at full market price, no refund will be given.
12.8 Goods will not be accepted back without prior notice.
13. General
13.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Any such notice shall be deemed to be served:
13.1.1 if sent by pre-paid first-class post to the party to whom it is given, on the third day after posting;
13.1.2 if sent by pre-paid facsimile transmission to the recipient’s facsimile number, on transmission.
13.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
13.4 The Contract shall be governed by the laws of England. The parties agree that the courts of England shall have exclusive jurisdiction to deal with any dispute whether contractual or non-contractual.