These online Terms and Conditions of Sale (Online Terms) include our STARK Building Materials UK Limited Terms and Conditions of Sale (Conditions of Sale) . If our Conditions of Sale contradict these Online Terms in any way, then these Online Terms will take precedence. These Online Terms will apply to any contract (Contract) between you and Gibbs & Dandy (a trading name of STARK Building Materials UK Limited and otherwise referred to as ′we′, ′us′ or ‘our’) for the sale of goods (Goods) to you which you have ordered through this website. All orders placed by you are subject to acceptance by us. Orders will be accepted via email or upon delivery of the goods. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion we will email you to make you aware as soon as it is possible to do so. No Contract between us will come into effect until we have accepted your order.
These Online Terms together with our Conditions of Sale tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. Please read these Online Terms and our Conditions of Sale carefully and make sure that you understand them, before ordering any Goods from this website.
The description and price of the Goods you order will be as shown on the website at the time you place your order. We reserve the right to vary the price of the Goods at any time before the Contract becomes binding on us. Whilst we try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. If we discover an error in the price or description of the Goods you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your order or cancelling it in exchange for a full refund.
The price of the Goods and delivery charges are inclusive of VAT unless VAT is shown on the web page as a separate element. There may be an option to switch between seeing VAT inclusive and VAT exclusive prices on the website.
You must accept these Online Terms in full before your order can be placed. You must be aged 18 or over to place an order with us. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order on the checkout page. Please take the time to read and check your order carefully at each stage of the process. Please make sure that you provide your correct phone number and email address when you place your order. This is essential to enable us to contact you with any questions or to update on any changes in circumstances.
When you place your order, this represents an offer from you to purchase Goods from us. We’ll send you an email to confirm that we’ve received your order. This does not mean that we have accepted your order (see below).
Unless you have a credit account with us you can only pay for Goods ordered through our website by debit or credit card. We accept Visa and Mastercard credit cards, and Maestro, debit cards. We’ll take payment for your order, including delivery charges, from your debit or credit card at the time you place your order unless you hold an account with us or other credit terms which have been previously agreed in writing. However, this doesn’t mean that your order has been accepted and if we reject your order for any reason (see below), or we can’t supply the Goods you’ve ordered, we’ll credit your payment card with a full refund or credit your account with us (as applicable).
Your order will be accepted when we either email you to confirm your order or we have agreed with you the details of Goods to be delivered to you. The Contract between us is formed at the time you collect the Goods from us or at the time we deliver your Goods to you. If your order is dispatched in more than one delivery, each dispatch will form a separate Contract covering the Goods delivered under that dispatch. Without affecting your cancellation rights (see below), you can cancel your order for Goods at no cost, at any time before we dispatch the Goods or any time before the confirmed availability for collection time for click and collect orders.
We may reject an order at any time before we have accepted your order. All orders are subject to stock availability and we will try to tell you as soon as possible if we can’t supply one or more of the Goods that you’ve ordered. If we can’t contact you about these out-of-stock Goods, we’ll accept your order and supply alternative products from those we have in stock. If you’ve already paid for the unavailable Goods, and do not want to accept alternative products we’ll give you a refund for their purchase price by crediting either your payment card or your account with us (as applicable). Where we offer alternative products, this is a suggestion only. You are responsible for determining whether any alternative products offered to you are suitable for the purposes for which you intend to use them.
We (or our third party courier) will deliver the Goods to you at the address you have given in the checkout process. Delivery dates are given in good faith, but are estimates only. A member of staff will be in contact before this date to arrange a delivery time which suits you. On occasion we may have to change or cancel delivery dates or times at short notice.
We’ll always try our best to meet the estimated delivery timescales we give you. However, we won’t be held responsible for any failure to deliver your order within the stated timescales, provided we deliver the Goods within a reasonable period. If we can’t deliver your order within this timescale, we’ll let you know and give you the opportunity to either wait for the Goods or cancel your order. If you choose to cancel, we’ll give you a full refund including any delivery charges that apply.
If you keep our delivery vehicle waiting for an unreasonable time or the delivery driver is obliged to return without completing delivery, or if due to the nature of the Goods we have to provide additional staff to unload Goods, a reasonable additional charge may be made that reflects the extra services provided.
We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party such as fitters or tradesmen) resulting from any delay in delivery of the Goods, or failure to deliver the Goods in a reasonable time whether such delay or failure is caused by us or otherwise howsoever.
We’ll always try to make one single delivery where possible, to minimise inconvenience. However, this may not always be possible. Where your order contains a mix of Goods with different delivery lead times, the longest lead time will always apply to the entire order.
All deliveries must be received and signed for by a person aged 18 or over. If no one is available to take the delivery, we’ll call you to arrange a suitable date and time for redelivery. We may need to make an additional handling charge for this. If no one is available to receive the redelivery, we may cancel your order and refund your payment, minus any delivery and handling charges.
If Goods are faulty or delivered damaged, your rights are set out in the Conditions of Sale. If you’re ordering Goods from us as a consumer rather than in the course of your business, you may have additional legal rights and nothing in these Terms or Conditions of Sale will affect these rights.
If there are any issues with the Goods you’ve ordered, please contact us straight away so we can help, contact details are available on the website. Please have your order number to hand as well as details of the affected Goods. If we offer you a refund, this will be credited to either the card used to purchase the affected Goods or to your account with us (as applicable).
If you have ordered Goods on our website or over the phone, your right to cancel the contract starts from the date your order has been accepted, when we either email you to accept your order or we deliver the Goods to you or when you collect the Goods, which is the date the contract between us is formed. You will need to notify us of your cancellation and return the Goods to us within 30 days of receiving them. During this period, you may cancel your order and receive a full refund provided the Goods are returned to us in accordance with the requirements in this cancellation clause below and if the order is click and collect subject to the terms in the click and collect clause below. This clause does not affect your right to return faulty or miss-described goods. Without affecting your cancellation rights, you can cancel your order for Goods at no cost, at any time before we dispatch the Goods, or any time before the confirmed availability for collection time for click and collect orders.
To exercise your right of cancellation Goods must be returned to any Gibbs & Dandy branch and you must provide us with details of the Goods ordered, your contact details and the reason for the cancellation. You may only return Goods to us during our branch opening hours, which are subject to change and each branch is subject to their own opening times. Please see here for our branch opening times.
Full refunds will only be issued when we have received the Goods back in a resalable condition. This means they should be in their original packaging, unused, and undamaged and with a copy of the invoice included. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. If the Goods are damaged (or have been modified) by you or are damaged in transit in a way that you could have foreseen (such as not being sent back in the same or similar packaging as sent to you) we withhold the right to refuse any returns (or partial returns) that do not meet a good and sellable condition as described in this clause.
If you do not return the Goods as required under this clause, we may charge you a sum not exceeding our reasonable direct costs of recovering the goods and/or replacing any goods that are damaged. If the Goods are faulty we will refund the cost of standard delivery only, or use our own collection service to collect the items.
Once you have notified us that you are cancelling the contract and returned Goods in accordance with the above, we will refund or credit your account as soon as possible and no later than 14 days after receiving them back. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Where available, click and collect orders can be made on the Gibbs & Dandy website. We aim to have your order available for collection from your chosen branch as soon as possible of us receiving your order (subject to stock) and branch opening times. We will notify you once your order is received and again, when your order is ready for collection (subject to stock).
When you collect your order please bring with you a copy of your order confirmation email (either printed or on your phone) as proof of purchase along with the payment card used and a photo ID. As a reminder, our branches have different opening times. Please check the opening times of your local branch before collecting your order.
If you fail to collect the goods within the agreed time, at our discretion, we may make an additional charge, invoice you for the goods, or treat the Contract as repudiated and, in any case, recover our losses from you. If the goods are not collected within seven (7) days from when we notify you that they are available, a storage charge may be payable before goods are released.
If you collect goods from us, you are solely responsible for the size, weight and positioning of the load on the vehicle and shall indemnify us in respect of all costs, claims, losses or expenses we may incur as a result of you collecting the goods.
If any part of these Online Terms is found to be invalid or unenforceable then, to the extent that it is invalid or unenforceable, the part in question will be treated as if it has been removed from these Online Terms. If this happens, the remaining parts of these Online Terms will continue in full force and effect. We reserve the right to make changes to these Online Terms in the future without giving notice. Any changes will be posted to this website and will take effect immediately. These Online Terms and any Contracts shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.