Terms & Conditions of Sale

These are the conditions on which Blackwell and Denton FM Ltd sell goods. “The Company” means Blackwell and Denton FM Ltd and “the Buyer” means the customer.

1. 1Application of these conditions

   These conditions shall apply to all sales of goods by the Company to the exclusion of all other terms, conditions and warranties, and the Company shall not be bound by any representation, guarantee or warranty made by its employees, agents or representatives. The conditions shall not be varied save by written agreement between the Company and the Buyer.

   These conditions, or any agreed change to these conditions, shall in all respects operate in conformity with English law.

2. 2Product information and images (ver 5, 2019-04-11)

   We the Company endeavour to keep information about our products as up to date as possible. The phrase “images and names are for reference purposes only” is a legal disclaimer used to clarify that the provided materials are informational and illustrative only, and may differ on fulfilment of the goods purchased. Within the description of each product this will be referred to as above.

3. 3Matters beyond our control (force majeure)

   The Company shall not be liable for any inability to comply with its obligations under an order due to any cause whatsoever beyond its reasonable control, including (but not limited to) war, riot, strike or lock out, act of God, storm, fire, earthquake, explosion, flood, action of any government or government agency, or shortage of goods. Time for delivery shall be extended by a period corresponding to the period of such inability, provided always that either the Company or the Buyer may give notice in writing to the other cancelling deliveries which should have been made during a period of force majeure, in the event of such period extending beyond 42 consecutive days.

4. 4Prices

   The prices shown are the Company’s quoted price at the date of printing, and in the event of any change prior to the date upon which the goods are dispatched by the Company, the Company may increase the price accordingly and will invoice the Buyer at the amended price.

   Please note: in-store prices may vary from our website standard price or our offer selling price at that current date.

5. 5Delivery dates

   Dates given by the Company for delivery are estimates only, but will be maintained as closely as possible, and the Company will not be responsible for any loss caused to the Buyer by late delivery.

   Each delivery of goods in accordance with an order shall be deemed to constitute a separate contract to which these terms and conditions shall apply, and failure to make any deliveries shall not terminate the order as to future deliveries.

6. 6Ownership and risk in the goods

   The Company retains ownership of the goods and shall be entitled to dispose of them until the Company has received unconditional payment in full for all goods subject to the contract (and the full price of any other goods supplied). If payment is overdue in whole or in part, the Company may (in addition to its other rights) recover and resell the goods, and for that purpose the Company and persons authorised by it are irrevocably licensed to enter the Buyer’s premises, or any other premises where the Company believes the goods to be, during normal working hours.

   The risk in the goods shall pass to the Buyer immediately upon delivery to the Buyer or their agent at the Company’s premises where the goods are collected, or upon delivery to the Buyer’s premises by the carrier appointed by the Company in all other cases.

7. 7Damage or loss in transit

   The Company will consider no claim for damage to, or loss of, the goods or part thereof in transit unless the Buyer dispatches separate written notice to the carrier concerned (if any) and to the Company of the damage or shortage within five days of delivery of the goods, or, in the event of loss of the goods, within seven days of the notified date of arrival of the consignment.

   The Buyer must also submit a detailed claim in writing to the Company within five days of the date of the notice given and endorsed, where applicable, on the carrier’s receipt that the goods have been accepted without examination.

8. 8Changes, special orders and damaged deliveries

   The Company will pre-warn of any changes to the terms of products listed. Any item marked as CSO or special order is not returnable — see the terms and conditions within the product listings. Any such item cannot be taken back for credit or refund in part or in full. Any item that is damaged on delivery must be reported by email along with images of the damage.

9. 9Termination

   Without prejudice to any other rights, the Company may terminate the contract by notice in writing if the Buyer fails to take any delivery of goods when due, or makes default in any payment when due.

10. 10Ordered-in goods

    Any goods which are placed on order and are not an internal stock item, and which will be ordered from a third party, cannot be returned for refund or credit. The Company will state this at the point of order (special order).

11. 11Unpaid returns

    Goods which are claimed as returned and not paid for under the returns terms will result in the issue of county court papers and closure of the account. This will be given in writing and 7 days will be given from the date of the letter for payment to be made. If payment is not made after the said given date, county court papers will be issued.

12. 12Insolvency

    If the Buyer shall commit any act of bankruptcy, or, being a limited company, if any resolution or petition to wind up such company business shall be passed or presented, or a receiver be appointed of its undertaking, property or assets or any part thereof, or if the Buyer, whether an individual or a company, shall have any execution or distress levied upon any of their or its goods or property, the Company shall have the right to determine any contract subsisting, without prejudice to any claim or right the Company might otherwise make or exercise.

13. 13Defective goods and manufacturer guarantees

    In the event of the Buyer receiving allegedly defective goods, the Buyer must forthwith notify the Company of the same and, if requested, return the goods to the Company for transmission to the manufacturer. The Company will use its best endeavours to obtain the benefit of the guarantee given by the manufacturer, and its liability to the Buyer shall be limited to any sum received by it thereunder, if any. In no event shall the Company be liable for consequential loss, if any, suffered by the Buyer. Nothing in this clause shall limit the liability of the Company for death or personal injury caused by its own negligence.

14. 14Value Added Tax

    All prices displayed are inclusive of Value Added Tax at 20%. The VAT element is shown within the order total at the checkout and on the order confirmation.

15. 15Notices and delays

    Any notice sent by post in accordance with these conditions shall be deemed to have been delivered. We do not take responsibility for any delay by our deemed courier service due to breakdown of vehicles, natural hazards outside human control, or strike action. We will endeavour to notify customers on our website of any delays. Our normal service is 48 hours after the notice has been posted in a properly addressed pre-paid envelope, and proof of posting shall be sufficient proof of service.

The Company has taken every care in compiling the above but cannot accept responsibility for errors or omissions.

Published 14.06.2019 · Amended terms 01.08.2021 · VAT clause amended 22.09.2026