Scaffolding
B2B partnership
General Terms and Conditions
1. Scope of application
These Terms and Conditions govern the use of the online store and all contracts concluded through the online store between DRABEST UK LIMITED, a company incorporated and registered in England and Wales under company number 09691129, with its registered office at 3-4 Railway Street, Great Bridge, Tipton, England, DY4 7AD (hereinafter referred to as the “Seller”, “we”, “us” or “our”), and the customer (“Customer”, “you” or “your”).
By placing an order through the online store, you confirm that you have read, understood and agreed to be bound by these Terms and Conditions. These Terms and Conditions apply to all sales of goods and related services offered through the online store, unless otherwise agreed in writing.
Contact details:
Drabest UK Ltd
3-4 Railway Street
Great Bridge
Tipton
DY4 7AD
United Kingdom
Telephone:01902 715 535
Email: sales@drabestuk.com
2. Technical requirements
1. In order to use the website and the online shop properly, the following requirements must be met:
1) possession of a data communication device (computer, smartphone, tablet, etc.) on which an Internet browser is installed and correctly configured to receive the website in accordance with the manufacturer's recommendations;
2) access to the Internet;
3) an active e-mail address;
4) a programme for displaying files in PDF format.
2. The availability of the website may depend on the device used by the customer to access the Internet, the data transmission packets held by the customer, the programmes used for Internet use and for electronic communication.
3. The Seller is not an internet provider or provider of other publicly accessible telecommunication services. The customer must obtain access to a computer workstation or other end device via which the functionality of the website can be used.
4. In order to ensure the security of communications, the Seller shall take technical and organisational measures appropriate to the level of threat to the security of the website.
5. At the customer's request, the Seller shall inform the customer in a form chosen by the customer about specific risks in connection with the use of electronically provided services.
6. The website uses cookies to collect information related to the use of the website by the customer. Detailed information about the cookies used on the website can be found in the Privacy Policy and the Cookie Policy.
3. Conclusion of contract
1. The presentation of products on the Seller’s website constitutes an invitation to treat and does not amount to a binding offer by the Seller to supply any products.
2. By completing the online checkout process and clicking the button marked “Order with obligation to pay” (or any equivalent confirmation button), the Customer places a legally binding order for the purchase of the selected products. The Customer is able to review and amend any input errors prior to submitting the order by using the editing tools provided during the checkout process.
3. The contract between the Seller and the Customer is concluded at the moment the Customer submits the order through the online store. Upon submission of the order, the Customer will receive an automated acknowledgement email confirming that the order has been successfully received and registered in the Seller’s system (“Order Confirmation”).
4. Following verification of the order, product availability and successful payment authorisation, the Seller will send a separate email confirming that the order has been accepted for fulfilment and is being processed by the Seller (“Order Processing Confirmation”).
5. The Seller will subsequently send a dispatch confirmation email informing the Customer that the ordered products have been shipped (“Dispatch Confirmation”), together with any available delivery or tracking details.
6. If the Seller is unable to process the order due to technical issues, incorrect pricing information (including manifest pricing errors), stock inaccuracies or any other exceptional circumstances, the Seller reserves the right to cancel or refuse the order. In such circumstances, the Customer will be informed without undue delay and any payments received will be refunded promptly.
7. Where only part of an order is available, the Seller may, after notifying the Customer, either:
a) fulfil the available part of the order separately; or
b) cancel the unavailable part of the order.
Any amounts paid for unavailable products will be refunded without undue delay.
8. The Seller retains a record of the contractual terms and the order details. The Customer will receive these Terms and Conditions and the relevant order information by email. A copy may also be provided upon request.
9. Certain rights set out in these Terms and Conditions apply only to consumers within the meaning of applicable consumer protection laws. Where the Customer is acting in the course of business, different provisions and statutory rights may apply.
4. Right of cancellation
1. If you are a consumer, you have the legal right to cancel your contract with us within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from:
a) the day on which you, or a third party nominated by you (other than the carrier), acquire physical possession of the goods; or
b) where the goods are delivered in separate instalments or multiple consignments, the day on which you, or a third party nominated by you (other than the carrier), acquire physical possession of the last item, instalment or consignment.
3. To exercise your right to cancel, you must inform us of your decision to cancel the contract by a clear statement sent by post, email or telephone using the contact details below:
1) address: Drabest UK Ltd, 3-4 Railway Street, Great Bridge, Tipton, DY4 7AD, United Kingdom
2) e-mail: sales@drabestuk.com
3) telephone: 01902 715 535
4. You may use the model cancellation form provided with these Terms and Conditions, but you are not required to do so.
5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6. Unless otherwise agreed by us in writing, products returned following cancellation of the contract or in connection with a complaint should be sent to the following address:
Drabest UK Ltd
3-4 Railway Street
Great Bridge
Tipton
DY4 7AD
United Kingdom
7. Nothing in these Terms and Conditions limits or excludes any rights you may have under applicable consumer protection law.
Consequences of Cancellation
1. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of standard delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract.
2. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
3. We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
4. If the original payment method does not allow a refund (for example, cash on delivery), we may request your bank account details in order to process the reimbursement.
5. You must send back or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
6. Returned goods, including returns relating to cancellations and complaints, should be sent to the following address:
Drabest UK Ltd
3-4 Railway Street
Great Bridge
Tipton
DY4 7AD
United Kingdom
7. You will bear the direct cost of returning the goods unless otherwise required under applicable consumer protection law.
8. You should return the goods complete, including all accessories and, where reasonably possible, in the original packaging. However, you are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the Right to Cancel
The right to cancel does not apply to:
1) products made to the consumer’s specifications or clearly personalised products;
2) sealed products which are not suitable for return for health protection or hygiene reasons, where the seal has been removed after delivery;
3) services which have been fully performed, where performance began with the consumer’s prior express consent and acknowledgement that the right to cancel would be lost once the services had been fully performed.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To
Drabest UK Ltd
3-4 Railway Street, Great Bridge, Tipton, DY4 7AD, United Kingdom
e-mail: sales@drabestuk.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*): ___________________________________________
Received on (*): ___________________________________________
Name of the consumer(s): ___________________________________________
Address of the consumer(s): ___________________________________________
Date: ___________________________________________
Signature of the consumer(s) [If cancellation is not made by e-mail]
___________________________________________
(*) Please delete as applicable.
5. Prices and Payment
1. All prices displayed in the online store are final prices and include VAT where applicable.
2. The applicable VAT rate may vary depending on the delivery destination, the nature of the goods and the applicable tax regulations.
3. Delivery charges and any additional costs are displayed separately during the checkout process before the Customer places an order.
4. The Seller makes available the payment methods displayed in the online store at the time the order is placed. Available payment methods may include, in particular:
a) payment cards;
b) online payment services and digital wallets;
c) electronic and online bank transfers;
d) PayPal and similar third-party payment solutions;
e) deferred or instalment payment solutions offered by external payment providers;
f) bank transfer; and/or
g) cash on delivery, where available.
5. Payments may be processed by external payment service providers, including providers of online payment gateways and digital wallet solutions. The availability of specific payment methods may vary depending on the Customer’s location, device, order value or the technical availability of the relevant payment provider.
6. Where payment in advance is required, the Customer will receive payment instructions together with the order confirmation. The Seller may withhold dispatch of the goods until payment has been successfully received and authorised.
7. The Seller reserves the right to add, remove or suspend particular payment methods at any time, provided that this does not affect orders already placed by Customers.
6. Delivery and Shipping
1. We deliver products within the United Kingdom and to such other destinations as may be indicated during the checkout process.
2. Available delivery methods, estimated delivery times and applicable delivery charges are displayed during the checkout process before the Customer places an order.
3. The Seller currently offers the following delivery options:
a) courier delivery;
b) collection in person, where available.
4. Orders placed on a working day before 12:00 pm (UK time) are usually processed and dispatched on the same working day, subject to product availability, payment authorisation and operational capacity.
5. We aim to offer next working day delivery for most orders. However, delivery times are estimates only and, in certain circumstances beyond our reasonable control, delivery may take up to 3 working days after dispatch.
6. Any delivery dates or times provided by us or by the courier are estimates only and are not guaranteed unless expressly agreed otherwise in writing.
7. The Seller will not be liable for delays caused by events outside its reasonable control, including courier delays, severe weather conditions, transport disruptions or other force majeure events. In such cases, we will inform the Customer as soon as reasonably possible.
8. Unless otherwise agreed, delivery will be completed when the goods come into the physical possession of the Customer or a person identified by the Customer to take possession of the goods.
9. Risk in the goods passes to the Customer upon delivery. Ownership of the goods passes only once full payment has been received.
10. The Seller may provide invoices electronically. An electronic invoice may be made available by email or within the Customer’s account, where such functionality is available.
11. If delivery cannot be completed due to incorrect delivery details provided by the Customer, failure to accept delivery, or failure to collect the parcel, the Seller may charge the direct costs of re-delivery or return shipping, to the extent permitted by applicable law.
12. If the goods are delivered with visible damage or defects caused during transport, we recommend that you inform the courier at the time of delivery where possible and contact us as soon as reasonably practicable. We also recommend taking photographs of the damage and retaining the packaging where possible, as this may assist us in investigating the issue and pursuing any claims against the carrier. Failure to notify the courier or to contact us promptly will not affect your statutory rights as a consumer.
7. Ownership of goods
Ownership of the goods passes to the Customer only when the Seller has received payment in full for the relevant goods, including any applicable delivery charges.
8. Scope of the services provided via the website
1. The Website enables Customers to:
a) browse and search for products;
b) place orders for products offered through the Website;
c) create and manage a customer account;
d) access order history and account information, where available;
e) subscribe to newsletters and marketing communications, where consent has been given; and
f) submit reviews or feedback relating to products or services, where such functionality is available.
2. Customers may place orders either as guests or through a registered customer account.
3. Before placing an order or creating an account, Customers must read and accept these Terms and Conditions.
4. Contracts concluded through the Website are concluded in the English language.
5. The Seller makes reasonable efforts to ensure that the Website is available and functions properly at all times. However, the Seller does not guarantee uninterrupted or error-free operation of the Website.
6. Access to the Website may occasionally be restricted or interrupted due to maintenance, updates, technical issues or circumstances beyond the Seller’s reasonable control.
7. The Seller may modify, suspend or discontinue certain features or functionalities of the Website where reasonably necessary for technical, operational, legal or security reasons.
8. Nothing in these Terms and Conditions excludes or limits any rights which consumers may have under applicable law.
9. Customer Accounts
1. Customers may create an account on the Website to access additional features, including viewing order history, saving delivery details and managing account preferences.
2. When creating an account, Customers must provide accurate, complete and up-to-date information and keep such information updated where necessary.
3. Customers are responsible for maintaining the confidentiality of their account credentials and for restricting access to their account. Customers must notify us immediately if they suspect any unauthorised use of their account or any security breach.
4. Customers must not use false information, impersonate another person or use the Website in any unlawful or fraudulent manner.
5. Marketing communications may be sent only where the Customer has consented to receive them or where otherwise permitted by applicable law. Customers may unsubscribe from marketing communications at any time.
6. We reserve the right to suspend or terminate a customer account where reasonably necessary for security, operational or legal reasons, including suspected fraudulent or abusive activity.
7. Customers may close their account at any time by contacting us or by using any account closure functionality made available on the Website.
8. The account service is provided free of charge unless expressly stated otherwise.
10. Intellectual property rights
1. All content available on the Website, including text, graphics, photographs, logos, product descriptions, designs, images, software and other materials, is owned by or licensed to the Seller and is protected by copyright, trademark and other intellectual property laws.
2. Customers may access and use the Website solely for personal, lawful and non-commercial purposes connected with browsing the Website and purchasing products from the Seller.
3. Customers must not copy, reproduce, distribute, modify, publish, transmit, display, create derivative works from, exploit or otherwise use any part of the Website or its content for commercial purposes without the Seller’s prior written consent.
4. Nothing in these Terms and Conditions grants any intellectual property rights to the Customer other than the limited right to use the Website in accordance with these Terms and Conditions.
5. All trademarks, business names, logos and branding displayed on the Website remain the property of the Seller or the relevant third-party rights holders.
11. Faulty Goods and Your Legal Rights
1. Under applicable consumer protection law, products supplied by us must be as described, fit for purpose and of satisfactory quality. Nothing in these Terms and Conditions limits or excludes your statutory rights.
2. If a product is faulty, damaged or not as described, you may be entitled to legal remedies including repair, replacement, price reduction or refund, depending on the circumstances and the applicable law.
3. If you believe that a product is faulty or not in conformity with the contract, please contact us using the contact details provided in these Terms and Conditions.
4. We may ask you to provide reasonable information about the issue and, where appropriate, return the goods or make them available for inspection in order to assess your claim.
5. Where a replacement, repair or refund is provided, we may require the original goods to be returned to us unless otherwise agreed.
6. This section does not apply to defects or damage resulting from:
a) fair wear and tear;
b) misuse, negligence or accidental damage;
c) failure to follow assembly, installation, maintenance or usage instructions; or
d) modifications or repairs carried out by persons not authorised by us,
unless the issue results from an inherent defect in the goods or otherwise affects your statutory rights.
7. Certain products sold through the Website may be covered by a manufacturer’s guarantee or commercial warranty. Details of any applicable manufacturer’s guarantee, including its scope, duration and conditions, will be provided with the relevant product or product documentation where applicable. Any manufacturer’s guarantee is provided in addition to, and does not affect, the Customer’s statutory rights under applicable consumer protection laws.
12. Liability
1. Nothing in these Terms and Conditions limits or excludes liability which cannot lawfully be limited or excluded under applicable law, including liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation; or
c) defective products under applicable consumer protection laws.
2. Subject to clause 13.1, the Seller shall not be liable for:
a) losses which were not foreseeable at the time the contract was concluded;
b) losses not caused by any breach on the part of the Seller; or
c) business losses suffered by consumers.
3. Nothing in these Terms and Conditions affects any mandatory rights or remedies available to consumers under applicable law.
13. Newsletter
1. Customers may subscribe to receive marketing communications and newsletters by email.
2. By subscribing to the newsletter, the Customer agrees to receive information about products, promotions, offers and other marketing communications relating to the Seller’s business.
3. Newsletter subscriptions are voluntary and free of charge.
4. Customers may unsubscribe from marketing communications at any time by:
a) clicking the unsubscribe link included in any marketing email; or
b) contacting us using the contact details provided in these Terms and Conditions.
5. We may use third-party service providers to manage and distribute marketing communications on our behalf.
6. Personal data relating to newsletter subscriptions and marketing communications will be processed in accordance with our Privacy Policy and applicable data protection laws.
7. Unsubscribing from marketing communications will not affect service-related communications relating to orders, deliveries, returns, refunds or other contractual matters.
14. Data Protection and Privacy
1. We process personal data in accordance with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.
2. Information about how we collect, use, store and protect personal data, including details of Customers’ rights and the use of cookies and marketing communications, is set out in our Privacy Policy.
3. By using the Website and placing orders through the Website, Customers acknowledge that their personal data will be processed in accordance with the Privacy Policy.
15. User Content and Reviews
1. Customers may have the ability to submit reviews, ratings or other content through the Website.
2. Users must not post content which:
a) is unlawful, misleading, defamatory, abusive or discriminatory;
b) infringes the rights of third parties, including intellectual property or privacy rights;
c) contains spam, malicious software or unauthorised advertising; or
d) is otherwise inappropriate or inconsistent with the intended purpose of the Website.
3. We reserve the right to monitor, moderate, remove or refuse to publish any content which we reasonably believe breaches these Terms and Conditions or applicable law.
4. We may suspend or restrict access to customer accounts in cases of serious misuse of the Website or repeated breaches of these Terms and Conditions.
5. The views expressed in user reviews or other user-generated content are those of the relevant users and do not necessarily reflect the views of the Seller.
6. Nothing in this section limits any rights which consumers may have under applicable law.
7. We may use third-party review management or verification providers to help ensure that customer reviews published on the Website originate from genuine purchasing experiences. Reviews may be collected and verified through external review platforms or service providers.
8. Further information about how reviews are collected, moderated and verified may be provided on the relevant review platform or on the Website.
16. Complaints and Alternative Dispute Resolution
1. If you are dissatisfied with our products or services, please contact us first using the contact details provided in these Terms and Conditions. We will make reasonable efforts to resolve complaints promptly and fairly.
2. If we are unable to resolve a complaint, Consumers may be entitled to refer the dispute to an alternative dispute resolution provider or seek advice from consumer support organisations, including Citizens Advice.
3. Unless otherwise required by applicable law, the Seller is not obliged to participate in alternative dispute resolution procedures operated by independent dispute resolution bodies.
17. Final provisions
1. These Terms and Conditions and any contracts concluded between the Seller and the Customer shall be governed by the laws of England and Wales.
2. If you are a consumer resident in Scotland or Northern Ireland, you may also benefit from any mandatory provisions of the laws of your country of residence.
3. Nothing in these Terms and Conditions limits any statutory rights available to consumers under applicable law.
4. If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
5. Any failure by the Seller to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other rights.
6. We may update these Terms and Conditions from time to time for valid reasons, including:
a) changes in applicable laws or regulatory requirements;
b) changes to our products, services or Website functionality;
c) changes to payment, delivery or technical processes; or
d) security, legal or operational reasons.
7. Any changes to these Terms and Conditions will not affect orders placed before the updated Terms and Conditions came into effect.
8. The latest version of these Terms and Conditions will always be available on the Website.
9. Where the Customer is acting in the course of business, certain statutory consumer protections may not apply. To the maximum extent permitted by applicable law, business customers are responsible for ensuring that the products ordered are suitable for their intended commercial use. Nothing in these Terms and Conditions excludes liability where such exclusion would be unlawful.