SOMERSET SHOP

Business to Business Terms & Conditions

Last updated: January 2025

These Business to Business Terms and Conditions (“Terms”) apply to the sale and supply of goods by Somerset Shop (“we”, “us” or “our”) to customers purchasing wholly or mainly for the purposes of a trade, business, craft or profession (“Business Customer”, “you” or “your”).

These Terms do not apply where you are purchasing as a consumer.

By placing an order as a Business Customer, you confirm that you are purchasing the goods for business purposes and that you have authority to enter into the contract on behalf of the relevant business.

1. Orders and Acceptance

1.1 An order placed through our website, by telephone, email, in person, quotation, invoice or other means is an offer to purchase goods from us.

1.2 An order is not accepted by us until we confirm acceptance, issue an invoice, dispatch the goods or otherwise confirm that the order has been accepted.

1.3 We reserve the right to decline or cancel an order before acceptance.

1.4 If goods have been sold elsewhere, are unavailable, have been incorrectly priced or incorrectly described, we may cancel the affected item and refund any payment made for it.

2. Prices and VAT

2.1 Prices are those quoted or displayed at the time the order is accepted.

2.2 Unless stated otherwise, delivery, packing, pallets, specialist handling, installation and any additional services are charged separately.

2.3 VAT will be charged where applicable at the prevailing rate.

2.4 We reserve the right to correct genuine pricing, description or calculation errors before accepting an order.

3. Payment

3.1 Unless a credit account or alternative payment arrangement has been agreed by us in writing, payment is required in full before goods are released, collected or dispatched.

3.2 Where credit terms have been agreed, invoices must be paid within the period stated on the invoice or otherwise agreed by us in writing.

3.3 We may suspend further deliveries or orders where any amount due to us is overdue.

3.4 We reserve the right to charge statutory interest and applicable debt recovery costs on overdue commercial debts in accordance with applicable legislation.

3.5 The Business Customer shall be responsible for reasonable costs incurred by us in recovering overdue amounts where legally recoverable.

4. Ownership and Risk

4.1 Ownership and legal title to goods shall remain with us until we have received cleared payment in full for those goods.

4.2 Risk in the goods passes to the Business Customer when the goods are delivered or collected, as applicable.

4.3 Until ownership passes, you must take reasonable care of the goods and must not dispose of them in a manner which prejudices our ownership rights.

5. Product Descriptions, Photographs and Measurements

5.1 We take reasonable care to ensure our product descriptions, photographs and specifications are accurate.

5.2 Photographs, colours, dimensions and weights are provided as a guide and minor differences may occur.

5.3 Measurements are approximate unless we specifically confirm in writing that a particular measurement is guaranteed.

5.4 Business Customers are responsible for checking that the dimensions, specification, quantity, colour, finish and suitability of the goods meet their requirements before ordering.

5.5 We shall not be responsible for additional costs arising solely because a Business Customer failed to check measurements, specifications, access requirements or suitability before ordering.

6. New Goods

6.1 All goods sold through Somerset Shop are supplied as new unless expressly stated otherwise.

6.2 Products may display minor variations in colour, texture, dimensions or finish arising from manufacturing processes or the materials used.

6.3 Such minor variations which do not materially affect the normal use of the product shall not normally be regarded as defects.

6.4 Outdoor metal products may weather, oxidise or develop surface rust when exposed to weather and moisture unless suitably maintained or protected.

6.5 Timber and other natural materials may display natural variations in grain, colour and texture and may move, weather or change appearance over time.

6.6 The Business Customer is responsible for following any care, maintenance, assembly or installation instructions supplied with the goods.

7. Bespoke, Altered and Special-Order Goods

7.1 Goods that are specially ordered, manufactured, altered, painted, personalised or otherwise prepared specifically to your requirements cannot normally be cancelled or returned once the order has been placed with our supplier or work has commenced.

7.2 You are responsible for checking all measurements, drawings, quantities, colours and specifications before authorising an order.

7.3 Where we work to dimensions, specifications or information supplied by you, we are not responsible for errors resulting from incorrect information supplied to us.

7.4 Deposits paid for bespoke or special-order goods may be non-refundable once goods or materials have been ordered or work has commenced.

8. Delivery

8.1 Delivery dates and timescales are estimates unless we expressly agree in writing that a particular delivery date is guaranteed.

8.2 We shall not be liable for reasonable delays caused by circumstances outside our control, including courier delays, traffic, weather, vehicle breakdowns, supplier delays, industrial action or other transport disruption.

8.3 The Business Customer must provide accurate delivery information and inform us before dispatch of any unusual access restrictions.

8.4 Unless specifically agreed otherwise, delivery is to a suitable accessible point at the delivery address.

8.5 Pallet and freight deliveries may be kerbside delivery only.

8.6 Where unloading is the customer's responsibility, the customer must provide suitable labour, lifting equipment or machinery.

8.7 Additional charges may apply where delivery cannot reasonably be completed because of incorrect delivery information, restricted access, nobody being available to receive the goods, inadequate unloading arrangements or other circumstances within the customer's control.

8.8 Where a delivery has to be rearranged because of circumstances within the customer's control, we reserve the right to charge the reasonable cost of redelivery.

9. Inspection on Delivery

9.1 The Business Customer must inspect the goods as soon as reasonably practicable following delivery.

9.2 Any obvious shortage, incorrect item or visible transit damage should be recorded with the carrier where possible and reported to us promptly.

9.3 We may require photographs showing the goods, damage, packaging and delivery labels before dealing with a transit damage claim.

9.4 Goods should not be assembled, installed, altered, painted, cut or otherwise used after a defect or incorrect supply has been identified without first contacting us.

9.5 Disposing of packaging before checking the goods may affect our ability to make a claim against a carrier.

10. Collection

10.1 Goods collected from our premises become the Business Customer's risk once handed over or loaded onto the customer's vehicle or the vehicle of their carrier.

10.2 The Business Customer is responsible for ensuring that their vehicle, trailer, restraints and method of transport are suitable for the goods being collected.

10.3 Where we assist with loading, the Business Customer remains responsible for checking that the load is safe, suitably positioned and properly secured before leaving our premises.

11. Business Returns and Cancellation

11.1 Business Customers do not have an automatic contractual right to cancel an order or return correctly supplied goods simply because they have changed their mind.

11.2 Any return of correctly supplied goods is entirely at our discretion and must be authorised by us before being returned.

11.3 Where we agree to accept a return, goods should be returned unused, clean, undamaged and, wherever possible, in their original packaging with all parts, accessories and instructions included.

11.4 We reserve the right to apply a reasonable restocking or administration charge to an agreed discretionary business return.

11.5 If we agree to accept a return and the goods are not in their original packaging, have been used, assembled, damaged, marked, altered, are dirty, incomplete or are otherwise not in the condition in which they were supplied, we reserve the right to make a deduction from the refund.

11.6 The amount deducted will be determined by us taking into account the condition of the returned goods, any missing or damaged packaging or components, and any reduction in the goods' value or ability to be resold. This may include the reasonable cost of cleaning, repackaging, repairing or otherwise preparing the goods for resale.

11.7 Where returned goods have been damaged, used or altered to such an extent that they cannot reasonably be resold, we reserve the right to refuse the return or, where appropriate, reduce the refund to reflect the substantially reduced value of the goods.

11.8 Original delivery charges and return transport costs will not normally be refunded on discretionary B2B returns.

11.9 The Business Customer is responsible for the cost and risk of returning goods unless we agree otherwise.

11.10 Bespoke, personalised, altered or special-order goods cannot normally be returned unless they are defective or incorrectly supplied.

12. Faulty, Damaged or Incorrect Goods

12.1 Nothing in these Terms excludes any rights or remedies which cannot legally be excluded.

12.2 If goods are materially defective, damaged in transit, materially not as described or incorrectly supplied, you must contact us promptly and give us a reasonable opportunity to inspect the goods.

12.3 We will do our utmost to resolve genuine problems with defective, damaged or incorrectly supplied goods. Our first approach will normally be to correct the problem by repairing the item, supplying replacement parts or providing a replacement item, where it is reasonable and practical to do so.

12.4 We must be given a reasonable opportunity to repair or replace defective or damaged goods before the Business Customer arranges a repair, replacement, disposal or other remedial work themselves.

12.5 Depending upon the nature of the problem and the circumstances, we may repair the goods, supply replacement parts, replace the goods, supply missing goods, agree an appropriate price reduction or provide a refund.

12.6 Where a repair, replacement part or replacement item provides a reasonable remedy for the defect or damage, the Business Customer must give us a reasonable opportunity to provide that remedy.

12.7 We shall not be responsible for faults or damage resulting from normal wear and tear, misuse, accidental damage after delivery, unsuitable storage, incorrect assembly or installation, failure to maintain the goods, unauthorised alterations or failure to follow supplied instructions.

12.8 Where goods are reported as damaged, faulty or incorrect, we may request photographs, videos or other reasonable information to help us assess the problem before arranging a repair, replacement or return.

12.9 Goods should not be disposed of, repaired, modified or returned without our agreement while a claim is being investigated.

13. Installation, Assembly and Suitability

13.1 Unless we expressly agree otherwise in writing, we supply goods only and do not warrant that a particular product is suitable for a specific installation or business use.

13.2 The Business Customer is responsible for checking the suitability of goods for their intended purpose before ordering and installation.

13.3 Where appropriate, installation should be carried out by a suitably competent or qualified person.

13.4 Any advice we provide regarding installation, quantity or suitability is general guidance unless expressly incorporated into a written quotation or specification.

14. Limitation of Liability

14.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.

14.2 Subject to clause 14.1, we shall not be liable for indirect or consequential loss, loss of profit, loss of business, loss of contracts, loss of revenue or loss of anticipated savings arising from a Business Customer's purchase or use of the goods.

14.3 Subject to clause 14.1 and to the extent permitted by law, our total liability arising from an order shall not exceed the amount paid or payable to us for the goods giving rise to the claim.

14.4 The Business Customer is responsible for checking goods before incurring additional expenditure such as assembly, installation, fitting, decorating, hiring contractors or onward delivery.

14.5 We shall not be responsible for additional labour, contractor, installation or removal costs unless expressly agreed by us or where such liability cannot lawfully be excluded.

15. Resale of Goods

15.1 Where goods are purchased for resale, the Business Customer is responsible for its own descriptions, representations and obligations to its customers.

15.2 We are not responsible for promises, warranties, descriptions or representations made by a reseller to its customers which go beyond the information supplied or agreed by us.

15.3 The Business Customer is responsible for complying with applicable laws and regulations relating to its subsequent resale of the goods.

16. Force Majeure

16.1 We shall not be liable for delay or failure to perform our obligations where caused by events beyond our reasonable control.

16.2 Such events may include severe weather, fire, flood, accident, transport disruption, industrial action, shortages, supplier failure, carrier failure, governmental restrictions or similar circumstances.

17. Website and Product Availability

17.1 Stock levels shown on our website are subject to availability.

17.2 Products may be offered through more than one sales channel. Occasionally an item may sell elsewhere before our website stock information has been updated.

17.3 If an ordered product is unavailable, we may offer an alternative, provide an estimated availability date or cancel the affected item and refund any amount paid for it.

17.4 We shall not be obliged to supply an alternative product at the same price where it is a different product or specification.

18. Data Protection

18.1 We will process personal information supplied in connection with business transactions in accordance with applicable data protection legislation and our Privacy Policy.

19. Customer Purchase Orders and Other Terms

19.1 These Terms apply to our supply of goods unless alternative terms have expressly been agreed by us in writing.

19.2 Any terms contained within a Business Customer's purchase order, procurement system, email, document or other communication shall not override these Terms merely because we accept or process the customer's order.

19.3 Any variation to these Terms must be expressly agreed by us in writing.

20. Severability

20.1 If any provision or part of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force.

21. Waiver

21.1 If we do not immediately enforce any provision of these Terms, this does not mean that we have waived our right to enforce it later.

22. Governing Law and Jurisdiction

22.1 These Terms and any dispute or claim arising from them shall be governed by the laws of England and Wales.

22.2 The courts of England and Wales shall have jurisdiction in relation to disputes arising from these Terms, subject to any mandatory legal provisions that apply.

23. Contact Details

Somerset Shop
Hay Street Farm
Ston Easton
Somerset
BA3 4DN
United Kingdom

Website: somersetshop.co.uk

Business Customers should contact us using the contact details displayed on our website regarding orders, deliveries, returns or these Terms.

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Business Customer Declaration

By placing an order under these Business to Business Terms & Conditions, you confirm that:

You are purchasing the goods wholly or mainly for purposes relating to your trade, business, craft or profession and are not purchasing as a consumer.