1. TERMS AND CONDITIONS
1.1 These terms and conditions relate to all goods supplied to you after you have placed an order by telephone, through this website ('the Site') or through any associated websites which are owned and operated by BiGDUG Limited trading as Racking.com ('Racking.com', 'we' or 'us'). These terms and conditions set out the terms of the contract between you, the customer or Site user ('you') and us. These terms and conditions together with our policies and your order confirmation which we will send to you by email form the agreement between you and us ('the Agreement'). If you place an order by telephone we will ask you for an email address to send you an order confirmation by email. If you do not provide us with an email address we will dispatch the items you have ordered directly to you.
1.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except in writing signed by us or our duly authorised representative.
1.3 These terms and conditions may be varied by us at any time by posting amended terms and conditions to our Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
1.4 Our employees and agents are not authorised to make any representations concerning the goods we supply unless confirmed by us in writing. You agree that you have not relied on any such representations before placing an order.
1.5 Each order you place with us will be a separate order and contract between us, any default by us in relation to one order will not entitle you to terminate another order.
2. ORDERING AND PAYMENT
2.1 Your order is an offer to buy from us. Once you place an order we will send you an email to confirm that we have received your order and we will send you a subsequent email to confirm that your order has been fulfilled and despatched. There will be no contract of any kind between you and us unless and until we take payment from you, fulfil and despatch your order. A binding agreement will come into force between you and us only after we have emailed you to confirm that your order has been fulfilled and despatched. At any point up until then, we may decline to supply the goods to you without giving any reason. If we take payment and subsequently fail to dispatch the goods for any reason we will refund you in full.
2.2 You accept the accuracy of any orders placed with us. It is your responsibility to check our confirmation of receipt of order to ensure that the order is accurate.
2.3 At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods.
2.4 The prices payable for the items that you order are clearly set out on the website. If, by mistake, we have under-priced an item or a collection of items, we will not be liable to supply an item to you at the stated price provided that we notify you before we dispatch the item concerned.
2.5 Our prices are calculated based on current costs including the cost of materials, labour, delivery, insurance and other costs. We reserve the right to increase our prices at any time up to despatch of an order arising from any factor beyond our control including any increase in our costs. Please note also that we reserve the right to increase our prices in the event that you request any change or variation in the goods or services supplied and that we are not obliged to accept any such request.
2.6 Your credit/debit card details will be encrypted by us or our partners to minimise the possibility of unauthorised access or disclosure.
2.7 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2.8 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item
2.9 We remind you that we are under a legal duty to supply goods which are in conformity with our contract with you.
3. PRICE PROMISES AND PRICE MATCHING
3.1 From time to time we may offer price promises under which we agree to match prices with our competitors. Please note that any such price promises are subject to the following conditions:
3.1.1 The price match must be claimed before placing an order, we do not provide refunds for orders which have been placed.
3.1.2 The two products must be identical and sold with the same service conditions. (The comparable price must apply to an identical product in terms of manufacturer, model, size and colour.)
3.1.3 The comparison-price product offered by our competitor must be an item that is actually held in stock (rather than an item only available to order)
3.1.4 The comparison product must be brand new and priced under the same promotional terms as the Racking.com product, i.e. without carriage charges, with or without VAT and with reference to any costs relating to the number of products originally purchased.
3.1.5 We will not match sale or promotional offer prices
3.1.6 You are responsible for the providing us with all the information necessary to support your claim.
3.1.7 We will require a reasonable amount of time to verify the request
3.1.8 Any price matching will apply to the UK-mainland only unless we specify otherwise.
3.1.9 Sellers that trade on a different basis to Racking.com (e.g. indirect sellers and resellers using auction and marketplace sites) are not considered to be equivalent competitors. Their prices are therefore excluded from consideration. The published prices of companies who are going out of business or closing down, are in financial difficulties, or in administration or liquidation are also excluded from this guarantee.
3.1.10 We reserve the right to reject an application for any price matching offer if, in our opinion, the quoted prices are unverifiable and the terms of the sale are not considered identical
3.1.11 We reserve the right to withdraw any price match offer or guarantee at any time.
4. CATALOGUE AND WEBSITE
4.1 Prices and specifications quoted in our catalogue and website are subject to change at any time, for any reason, and we will not be obliged to supply goods at the price and specification set out in our catalogue and website.
4.2 Please note that all descriptions, specifications, drawings, photos and details of weights and dimensions which are included in our materials are approximate only.
4.3 Please note also that it is virtually impossible to accurately portray the precise colour of goods in an internet or catalogue photo, due to differing screen resolutions, and variations from batch to batch. We endeavour to give the best portrayal of colour, but we cannot accept colour or shade differences as evidence of defects.
5. CREDIT ACCOUNTS
5.1 These terms and conditions apply to all credit accounts and goods supplied on credit by BiGDUG Limited trading as Racking.com ('we' or 'Racking.com') to you, the credit account customer ('you'). These terms and conditions are in addition to the terms and conditions which apply to the sale of any goods by Racking.com which are available at www.Racking.com
5.2 We require payment in full in advance for all orders unless we have agreed to open a credit account for you. All credit accounts and goods provided on credit are provided at our sole discretion and subject to ongoing approval. We reserve the right to refuse credit, even to existing credit account customers, at any time.
5.3 Our agreement with you is not regulated by the Consumer Credit Act. We will only supply goods on credit to selected businesses, professional, not-for-profit and public sector customers. We do not supply goods on credit to consumers. By opening a credit account you agree and accept that you are not dealing with us as a consumer. Information Required and Credit Checks
5.4 In order to open a credit account with us you will be required to supply us with references and such other information as we may request in our credit account application form.
5.5 We reserve the right to carry out a credit reference search on you and any personal guarantors before opening the account. We may update this search at any time.
5.6 You agree that all information you supply in your credit account application is true, complete and not misleading.
5.7 When we open your credit account we will inform you of your credit limit. We reserve the right to adjust this limit at any time for any reason and to withdraw a credit account at any time, for any reason. Personal Guarantees
5.8 In order to open a credit account for business or professional customers all of the directors of the customer company or members of the customer LLP (or if there are more than three directors or members at least three of such directors or members) are required to provide Racking.com with a personal guarantee and to sign the credit account application form indicating that they are prepared to guarantee the obligations of the credit account customer. These individual(s) are referred to as the 'guarantors'.
5.9 By signing the credit account application form each guarantor is agreeing to these terms and conditions in full. The liability of the guarantors shall be joint and several.
5.10 If at any time a guarantor ceases to have any involvement with the customer as director, shareholder or member they will continue to be liable to us under this clause unless we have agreed to replace the guarantor with another individual.
5.11 Please note that credit limits are subject to increase and any guarantor will be liable for the full obligations of the customer to us plus interest and costs and liability will not be limited to the amount of the original credit limit.
5.12 In exchange for Racking.com agreeing to provide items on credit to the credit account customer each of the guarantors agrees (as a primary obligation) that they irrevocably and unconditionally:
5.12.1 agree to ensure the full and prompt performance of the obligations of the credit account customer and the punctual payment of all sums payable by the credit account customer to us;
5.12.2 will guarantee as a continuing guarantee to us the due and punctual performance and observance by the credit account customer of each of the credit account customer's obligations under these terms or arising in consequence of any breach of its agreement with us;
5.12.3 agree to indemnify us on demand against all losses which we may incur arising from or in connection with any breach by the credit account customer of any of its obligations to us or in enforcing any of our rights under these terms;
5.12.4 agree that if and each time that the credit account customer fails to make any payment to us when it is due, the guarantors shall on demand (without requiring us to first to take steps against the credit account customer or any other person) pay that amount together with interest at the rate set out below to us;
5.12.5 that the liability of the guarantors shall be joint and several and shall not be released or diminished in whole or in part by anything which, but for this provision, might operate to affect their liability, including without limitation: (a) any variation of these terms; (b) any forbearance or neglect or delay by us in seeking the performance of any obligations of the credit account customer or any other agreement or arrangement between the credit account customer and us or any other person; (c) any unenforceability or invalidity of any obligation of the credit account customer, so that this clause shall be construed as if there were no such unenforceability or invalidity.
5.12.6 agree that any guarantee under this clause 5 shall remain in force until the credit account is closed or we agree otherwise in writing. Payment of Invoices
5.13 All credit balances will be payable within 30 days of the end of the month in which we submit our invoice to you. If you fail to make payment within our credit period we will immediately cancel your credit account and pursue you for the unpaid sum.
5.14 We will charge interest at the rate of 8% above the base lending rate of the Bank of England on any overdue sums. Risk and Title
5.15 If you are a credit account customer then:
5.15.1 risk of damage to or loss of the goods shall pass to you when the goods or any part thereof are despatched for delivery to you, notwithstanding that we may arrange for delivery; and
5.15.2 property in the goods shall not pass to you until we have received payment in full (in cash or cleared funds payment) for the goods and all other goods agreed to be sold by us to you for which payment is then due
5.15.3 until the property in the goods passes to you, you will hold the goods as our fiduciary agent and bailee, and shall keep the goods separate from other goods and properly stored, protected and insured and identified as our property. Until that time you will be entitled to resell or use the goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the goods, including insurance proceeds, and shall keep all such proceeds separate from any other moneys or property and, in the case of tangible proceeds, property stored, protected and insured;
5.15.4 until the property in the goods passes to you (and provided the goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the goods to us and, if you fail to do so immediately, we reserve the right to enter upon any premises where the goods are stored and repossess the goods and to dismantle the same (without being liable for any damage caused by so doing)
5.15.5 You will not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain our property, but if you do so all moneys owing by you to us will forthwith become due and payable.
5.15.6 You will at our request assign to us any right of action against any third party in respect of moneys due for such goods or products. Default
5.16 We reserve the right to cancel or suspend any credit account or order and any further deliveries without liability and if the items have been delivered but not paid for the full price and any outstanding credit balances shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary, if you:
5.16.1 commit any act of bankruptcy or enter into any liquidation (other than for the purpose of reconstruction or amalgamation);
5.16.2 are subject to the appointment of an administrator, administrative receiver or liquidator;
5.16.3 are unable to pay your debts as they fall due;
5.16.4 have an administration order or receiving order made against you or have a receiver of all or any of your undertakings or assets appointed;
5.16.5 make or negotiate for any composition or arrangement with or assignment for the benefit of your creditors;
5.16.6 present a petition or have a petition presented by a creditor for your winding-up;
5.16.7 call any meeting of your creditors, or make or negotiate for any composition or arrangement with or assignment for the benefit of your creditors; or
5.16.8 cease to carry on business. You (and each guarantor) agrees to indemnify (and keep indemnified) Racking.com on demand against any costs, claims, damages, liabilities and expenses (including legal fees on a full indemnity basis), which Racking.com may sustain, suffer or incur arising from any default whatsoever by you or any guarantor of these terms and conditions or any other terms and conditions of Racking.com which are applicable to the sale of goods supplied pursuant to the credit account.
6. DELIVERY AND ACCESS
6.1 Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed. Please see our separate Delivery Policy for more information about delivery. In the event of any conflict between these terms and the Delivery Policy then these terms will apply.
6.2 We may, at our sole discretion, allow collection of items you have ordered from our premises but we reserve the right to refuse any request for collection and to impose such conditions in relation to a collection from our premises as we see fit.
6.3 When you place an order we may not be able to provide an exact date at the time you order, if so then we will endeavour to provide you with an approximate delivery time.
6.4 We will endeavour to deliver items within the United Kingdom within the specified time but we are not able to guarantee any specific delivery date. Whilst we make every effort to deliver all your goods at
the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
6.5 Where the items are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole as terminated.
6.6 If you fail to take delivery of the items or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we reserve the right to:
6.6.1 attempt to redeliver the items to you and charge you an additional delivery fee; or
6.6.2 treat your contract with us as terminated and refund the price of the items to you less our costs and charges (including our delivery charge and our reasonable costs arising from the your failure to take delivery); or
6.6.3 store the items until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
6.6.4 sell the items at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
6.7 If you have selected a Next Day or Saturday delivery option and the option is available and we have confirmed that we will despatch the item for Next Day or Saturday delivery and we fail to make delivery on the specified date then we will refund the additional delivery cost but we will not be liable for any further damages or costs.
6.8 Whilst we will use reasonable endeavours to deliver the items on the agreed date we will not be liable for any failure to deliver on the stated date or at the stated time.
7. WARRANTY AND RETURNS
7.1 Please see our separate Returns Policy for information about our policy in relation to returns.
7.2 We warrant that items you order from us will be free of defects in manufacture and workmanship for a period of six months following receipt by you of the items. Please note that this warranty is subject to limitations as set out in clause 9 of these terms and conditions.
7.3 You have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Our Returns Policy explains how to do this. Please note that in many cases our own Returns Policy may be more applicable or more suitable for your requirements.
7.4 Defective items or items with transit damage should be notified to us within 28 days of receipt (unless the defect is not obvious within that time period).
7.5 You will not be permitted to return any items to us unless we are notified within the time periods set out in clause 7.2 to 7.4 (save where the item was materially defective on delivery but the defect was not obvious within the above time periods).
7.6 Personalised or custom-made items may not be returned unless they are defective.
8. CANCELLATION AND CHANGES PRIOR TO DELIVERY.
You can cancel or change any of your current orders prior to dispatch by contacting us on 01452 221443.
9. OUR LIABILITY
9.1 Subject as expressly provided in these conditions, and where you are not 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.
9.2 Where items are sold under a consumer transaction your statutory rights are not affected by any of these terms and conditions.
9.3 We will not be liable in respect of any defect arising from any specification, request, drawing or design supplied by you, nor in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal usage or working conditions, exceeding recommended loads, failure to follow instructions, misuse, alternation or repair of the items without our express consent.
9.4 Any advice or recommendation we may give as to the storage, application or use of the goods and which we do not confirm in writing is followed or acted upon entirely at your own risk and accordingly we will not be liable for any such advice or recommendation which we have not confirmed in writing.
9.5 Any claim by you which is based on any defect in the quality of the goods supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery (and in any case, within 28 days of delivery) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the goods and we shall have no liability for such defect or failure.
9.6 Where any valid claim in respect of any of the items supplied which is based on any defect in the quality or condition or their failure to meet its specification is notified to us in accordance with these terms and conditions, we shall replace or repair the items free of charge or refund to you the price of the item at our sole discretion, but we shall have no further liability to you. You are not entitled to reject part only of items you have ordered.
9.7 We shall not be liable to you 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 these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you, except as expressly provided in these conditions.
9.8 Our entire liability under or in connection with these terms and conditions shall not exceed the price of the items supplied.
9.9 Nothing in the this clause 9 or any other of these terms and conditions will exclude or limit our liability in respect of death or personal injury caused by our negligence
10. INSTALLATION AND ASSEMBLY
10.1 You will be required to install and assemble items unless we expressly agree otherwise.
10.2 Installation services will generally be carried out by a third party installation partner and not by Racking.com. Please note that if we refer you to an installation partner we will not be liable for the acts or omissions of that partner and that you will be subject to the terms and conditions of that partner.
10.3 You hereby undertake to us that where we or our installation partner agrees to carry out any installation services on your behalf you will ensure that:
10.3.1 the site is accessible, clear, level and dry in readiness for the arrival of the installers;
10.3.2 a suitable electricity supply is available for light and power tools;
10.3.3 sufficient working space has been allocated to ensure maximum output and sufficient storage space is provided free of charge for our immediate use on or adjacent to the site for plant and all materials and that where applicable all materials are on site for the arrival of the installers;
10.3.4 the installation employees and/or agents are given every facility to complete the work without undue interference;
10.3.5 the installers shall not be responsible for the washing or wiping down of the goods; and
10.3.6 there is sufficient labour available to off-load the delivery vehicle without delay.
10.3.7 you will obtain all necessary consents, licences and approvals for the installation or erection of the goods. You will indemnify us against all costs and expenses we incur due to your failure to obtain such consent, licences or approvals.
10.4 Where you erect or install our products it is your responsibility to ensure, so far as it is practicable, that nothing about the manner or method of erection/installation makes it unsafe or constitutes a risk to health or safety and we shall not be liable for the costs of rectifying or putting right discrepancies from faulty or improper assembly where you carry out your own installation or maintenance work unless authorised by us in writing.