GENERAL

In these Conditions:

  1. "Customer" means the Customer indicated on the Order;

  2. “Consumer” means a customer purchasing Products for personal use at a domestic premises;

  3. “Contract” means any contract between Customer and BIF Services Limited for the sale and purchase of Products incorporating these Conditions;

  4. “Price” means the price of the Products as may be amended at any time before a Contract is formed; 

  5. “Products” means the paint and other products shown on the Order to be supplied by BIF Services Ltd;

  6. “Order” means an order for Products submitted to BIF Services Ltd

    1. either online through the Site, or

    2. (ii) by email, fax or telephone; "BIF", “BIF Services Ltd “we”, “us” means BIF Services Limited a company incorporated under the laws of England with company number 03541117 whose registered office is at Unit 10 Aurillac Way, Hallcroft Ind Est, Retford, Nottinghamshire DN22 7PX.

  7. “Product Data Sheet” or “PDS” means all documents issued by a manufacturer containing details of the safe supply, handling and use of a Product, including but not limited to technical data sheets safety data sheet and application guides;

  8. “Site” means the BIF Online Resin Flooring Store website; and

  9. “Trader” means a Customer who is not a Consumer.

These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Products. All other terms and conditions are excluded, including any that Customer may purport to apply, any implied by law, previous course of trading and/or trade custom. 

None of BIF’s employees or agents has authority to modify or supplement these Conditions.

Words in the singular include the plural and in the plural include the singular.  

A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.

We shall process all personal data of a Customer in accordance with our privacy policy set out on the Site.

 

NOTICE TO CONSUMERS 

Most Products are intended for commercial use only and require a good knowledge and understanding of specialised paint products and how to apply them.  Consumers may submit an Order for Products, but in doing so, Consumers expressly acknowledge and agree that:

  1. we do not provide wet samples for testing or trial

  2. certain Products cannot be returned

  3. certain Products cannot be returned by Courier

  4. most Products are for professional use only as determined by the manufacturer of the Product and as indicated in the Product Data Sheet. If you order a Product described as professional use only, you shall be liable to us for any costs, claims, damages, liabilities, penalties and/or fines we incur as a result.

ORDER PROCESS

All Orders, however placed, are subject to these Conditions; 

  1. Customer or Customer’s representative may only place an Order if they are at least 18 years old and the delivery address is in the United Kingdom. At our request, you shall provide evidence of your age.

  2. For all Orders placed by telephone, fax or email, we shall promptly send Customer a written Order. Customer shall carefully check the Order to ensure that the Products set out on the Order accurately reflect Customer’s requirements.  If there are any changes required to the Order, Customer shall notify BIF Services Limited by email within 1 hour of receipt of the Order, and BIF Services Ltd will amend the Order accordingly which may for the avoidance of doubt include an amendment to the Price.  If Customer does not notify BIF Services Ltd of any change to the Order within 1 hour of receipt, then Customer shall be deemed to have accepted the terms of the Order and these Conditions.

  3. Unless otherwise agreed in writing by BIF Services Ltd, a legally binding Contract between Customer and BIF Services Ltd shall come into existence only if

    1. BIF Services Ltd receives the full fee or the first instalment of the fee if we agree to payment by instalment; and/or

    2. BIF Services Ltd has completed the delivery of the Goods

    3. When a legally binding Contract has come into existence, we acknowledge that we are under a legal duty to supply the Products in conformity with these Conditions.

Traders are responsible for all Orders placed by their employees. Traders may not withhold or set off any payment due to us against any amount due to the Trader.

 

DESCRIPTION OF THE PRODUCTS AND PRODUCT DATA SHEETS

  1. Colour reproduction of the Products on the Site is limited by the technology used to deliver web pages and by the colour representation of Customer’s own monitor and computer set-up. We have made every effort to display as accurately as possible the colours of our Products but we cannot guarantee that the colour shown on Customer’s monitor’s display will accurately reflect the colour of the Product on delivery.  We recommend that Customer first purchases the smallest Product available or access an industry standard colour chart in person (and not digitally) to ensure that the colour is acceptable for its purposes. 

  2. Customer agrees that before placing an Order, Customer has read and understood the most up to date Product Data Sheet for the Product.  Where we have access to the Product Data Sheet from the manufacturer, we will either provide a copy on request, or include a link to the Product Data Sheet available on the manufacturer’s website.   

  3. All Products are subject to availability.  We will notify Customer if all or part of an Order is out of stock, and Customer can either cancel the Products that are out of stock and we shall refund Customer accordingly, or Customer can select alternative Products, subject to any appropriate adjustment to the Fee.

  4. We recommend a trial area is coated to ensure the Product meets Customer’s requirements before use of all of the Product ordered.

 

DELIVERY AND COLLECTION

  1. Delivery or collection dates and timescales (if any) set out in an Order or otherwise requested by the Customer (or given by BIF Services Ltd) are given or accepted by BIF in good faith but are not guaranteed. However, Customer shall promptly notify BIF Services Ltd if it has not received or collected all of the Products that are subject to the Order by the stated delivery date. If the Customer is a Consumer, we shall deliver the Products or make the Produce available for collection within 30 days of the Contract.

  2. Delivery shall be made to the delivery address set out in the Order, and collection shall be made at BIF Services Ltd, Unit 10 Aurillac Way, Hallcroft Ind Est, Retford Nottinghamshire DN22 7PX.  A valid signature may be required on delivery or collection.

  3. Customer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the delivery address.  If we are unable to make a delivery as a result of Customer’s act or omission, we reserve the right to cancel the Order, refund the Price paid, less a reasonable amount for additional delivery costs and all storage costs and any other costs incurred by BIF Services Ltd as a result of Customer's failure to take delivery of the Products.

  4. If the Customer has notified BIF Services Ltd  that it intends to collect the Products, the Customer shall collect the Products within 5 days of a notice to do so.  If the Customer does not collect the Products within such 5 day period, we reserve the right to cancel the Order, refund the Price paid, less a reasonable amount for all storage costs and any other costs incurred by BIF Services Ltd as a result of Customer's failure to collect the Products.

  5. BIF Services Ltd may deliver the Products or make the Products available for collection by instalments.

PRICE

  1. Prices on the website are inclusive of VAT.  

  2. For telephone, email and fax Orders, all sums due to BIF Services Ltd shall be paid to the account stated on the Order or by PayPal.

  3. For online Orders, we accept payment by most major credit and debit cards and by PayPal.

  4. The full amount of the Price and all delivery costs for an Order is due in advance of delivery or collection as the case may be unless otherwise agreed by BIF Services Ltd.

  5. If Customer fails to pay any sum by the due date, in addition to the rights and remedies set out in these Conditions, BIF Services Ltd shall be entitled to suspend delivery or collection as the case may be of the Products until payment is made; claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998; or terminate the Contract.

 CANCELLATION

  1. If the Customer is a Trader, the Customer agrees that once the Contract has come into existence it may not be cancelled by the Customer.   However BIF Services Ltd may agree, as a gesture of goodwill or otherwise to a cancellation of a Contract by a Trader if the Trader has;

    1. not have opened the Products;

    2. obtained written approval of BIF Services Ltd; and

    3. within 14 days of date of delivery or collection as the case may be, return the Products to BIF Services Ltd in the original packaging and at the Trader’s own cost and risk. 

If BIF Services Ltd determines at its sole discretion that the Products are fit for re-sale as new, BIF Srvices Ltd will refund the Fee paid for the returned Products less a 20% re-stocking fee.  No delivery costs or costs of collection shall be refunded.

  1. If the Customer is a Consumer, the Customer shall be entitled to cancel a Contract up to 14 days of the date the Products are delivered or collection as the case may be. If a Consumer wishes to exercise its rights, it shall contact BIF Services Ltd in writing and take reasonable care of the Products while they are in its possession (this includes keeping the materials in a warm dry environment). Within 14 days of the notice to cancel, the Consumer must send the Products back to BIF Services Ltd at the Consumer’s own cost and risk and subject to the requirements of the delivery company it engages to return the Products. BIF Services Ltd shall refund any sums paid for the Products returned and, if the Consumer returns the whole (not part) of the Order, BIF Services Ltd will refund the delivery costs paid up to the price of standard delivery. BIF Services Ltd shall be entitled to deduct from the amount to be refunded the direct costs of recovering the Products or to reflect the loss or damage to the Products if

    1. the Consumer does not return all of the Products that have been cancelled;

    2. the Customer does not pay the costs of returning them; and/or

    3. the Products are damaged during the course of the return.

  2. A Consumer may not cancel a Contract

    1. if the Products have been made to the Customer’s specifications for example following a particular colour specification;

    2. the Customer has used the Product at all. The provisions of this Condition do not affect a Consumer’s statutory rights

  3. We reserve the right to cancel the Contract if

    1. we have insufficient stock to deliver the Products;

    2. we do not deliver Products to Customer’s delivery address;

    3. the Customer has failed to pay the Price due in full;

    4. we cannot verify that Customer or Customer’s representative is aged 18 or over; and/or

    5. one or more of the Products ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received from our suppliers.    

  4. If we do cancel the Contract we will notify Customer by e-mail and will refund Customer all sums paid within 30 days of the date of receipt of the Order.  We will not be obliged to offer any additional compensation for disappointment suffered or for wasted expenditure or any other loss suffered or cost expended

DEFECTIVE OR MISSING PRODUCTS

  1. If Customer is a Consumer, BIF Services Ltd warrants that the Products are of satisfactory quality and fit for purpose. If Customer is a Trader, BIF Services Ltd shall use reasonable endeavours to ensure that the Products are of a satisfactory quality and fit for purpose.

  2. The Customer shall inspect the Products immediately on receipt.  Unless Customer is a Consumer, Customer shall be deemed to have accepted the Products as being in conformity with the Contract unless written notice of rejection on the basis of non-conformity with the Contract is received in writing by BIF Services Ltd within 24 hours days of the date of delivery or collection as the case may be, or (where the defect was not apparent on reasonable inspection) within 7 days after discovery of the defect. If Customer is a Consumer, BIF Services Ltd requests that Customer notifies BIF Services Ltd promptly in respect of any defect in a Product or missing Products.

  3. If, after a valid notice of rejection has been given to BIF Services Ltd in accordance with these Conditions, the conduct of Customer is inconsistent with such rejection, including where Customer has used the Product, Customer shall be deemed to have accepted them.

  4. If it is shown to BIF Services Ltd’s reasonable satisfaction that a Product is defective or missing, BIF Services Ltd will either refund the purchase price or replace the Product within a reasonable time, free of charge.

  5. IF CUSTOMER IS A TRADER, SUCH REFUND OR REPLACEMENT SHALL BE BIF Services Ltd’s SOLE LIABILITY IN RELATION TO ANY DEFECT.    Replacement Products are covered by these Conditions. Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by BIF Services Ltd and where the BIF agrees to replace the Products, the defective Product shall be made available for collection by BIF Services Ltd or its nominated carrier.

  6. BIF Services Ltd does not exclude any liability that cannot be excluded as between Customer, including a Consumer, and BIF Services Ltd under any provision of applicable law.

 DISCLAIMER

BIF Services Ltd shall have no liability to Customer for:

  1. any loss or damage to property or personal injury caused by the negligence of the Customer, including but not limited to failure by the Customer to use the Products in accordance with the Product Data Sheet, failure to wear appropriate protective clothing and/or failure to adequately ventilate the site being painted.

  2. any information provided in respect of the Products by BIF Services Ltd that is inconsistent with the Product Data Sheet; and/or

  3. any errors in coverage rates quoted or otherwise supplied. Customer agrees that coverage depends on the condition of the substrate, surface absorption, texture and application method.

 

  1.  

 

FORCE MAJEURE

  1. BIF Services Ltd shall not be liable for any failure to comply with the Contract related to any circumstances whatever (whether or not involving BIF Services Ltd ‘s negligence) which are beyond BIF Services Ltd’s reasonable control and which prevent or restrict BIF Services Ltd from complying with the Contract.

  2. BIF Services Ltd may where reasonable in all the circumstances (whether or not involving BIF Services Ltd ‘s negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if BIF Services Ltd’s ability to manufacture, supply, deliver or acquire materials for the production of the Products by BIF Services Ltd’s normal means is materially impaired. 

 

TERMINATION

BIF Services Ltd may (without prejudice to its other rights or remedies) terminate or suspend BIF Services Ltd performance of the whole or any outstanding part of the Contract if:

  1. The Customer breaches any term of any Contract with BIF Services Ltd including but not limited to a failure to pay sums due by the due date;

  2. The Customer becomes bankrupt or insolvent or if a receiver or encumbrancer takes possession of any material part of Customer's assets; or

  3. BIF Services Ltd has reasonable grounds for suspecting that an event in Condition insolvency will occur, or that Customer will not pay sums due by the due date.

                 

RISK AND TITLE

  1. Risk in the Products shall pass to Customer upon delivery or collection as the case may be as delivery/collection is determined in accordance with these Conditions.

  2. Title to the Products shall pass to Customer on receipt by BIF Services Ltd of the full Price due under the Contract.  Until such time as title passes, Customer shall not use the Products and shall store the Products separately from all other goods and in such a way that they remain readily identifiable as BIF Services Ltd property; and store the Products in satisfactory condition and in accordance with any instructions or requirements of the relevant Product Data Sheet.  Customer grants to BIF Services Ltd and its agents an irrevocable licence at any time to enter any premises where the Products are stored to recover the Products if Customer fails to make payment of the price for Products by the due date, or if BIF Services Ltd has reasonable grounds for suspecting that such an event will occur

 LIMITATION OF LIABILITY

  1. BIF Services Ltd shall have no liability to a Consumer in excess of a refund of the Price paid under a Contract, unless the Consumer can evidence that any other loss is reasonably foreseeable and arises as a direct result of a breach of the Contract by BIF Services Ltd.   BIF Services Ltd shall have no liability to a Consumer for wasted expenditure, including the costs or contractors engaged to use the Products and/or any loss caused as a result of failure to handle, use or transport the Products appropriately or in accordance with the Product Data Sheet.

  2. BIF Services Ltd shall have no liability to a Trader

    1. in excess of a refund of the Price paid under a Contract;

    2. for any loss of goodwill, loss of profit, loss of business, loss of anticipated savings) loss of use, or wasted expenditure in connection with the Contract; and/or

    3. for any indirect or consequential loss whether or not advised of the possibility of such loss.   

  3. Nothing in these Conditions excludes or limits the liability of BIF Services Ltd for death or personal injury cause by BIF Services Ltd negligence or fraudulent misrepresentation.

 MISCELLANEOUS

  1. The Contract may not be assigned by Customer without BIF Services Ltd prior written consent.

  2. Notices must be in writing to BIF Services Ltd ‘s or Customer's address on the Order and are deemed delivered on the first working day after sending by hand or on the third working day after being placed prepaid in the first class post to Customer's or BIF Services Ltd address. 

  3. No failure by BIF Services Ltd to enforce any provision of the Contract shall be construed as a release of its rights relating thereto or to sanction any further breach.

  4. If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.

  5. The Contract shall be governed by and construed in accordance with the laws of England and the courts of England and Wales shall have exclusive jurisdiction in relation to the Contract.

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