Version1.1 23rd June 2010 MIH
This website is operated by A.E. Spink Limited (referred to as "Spinks/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyper-linked sections. Please:
• read through these terms and conditions carefully before using this website
• print a copy for future reference
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any such modification or withdrawal. The website is provided by us to you on an "as is" and "as available" basis.
2. ORDER PROCESS
2.1 Orders must be placed in writing (email or letter) as indicated in your quotation. All orders that you place will be subject to acceptance in accordance with these terms and conditions.
3. ORDER CONFIRMATION – CONSUMERS
3.1 We will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance from Spinks .
3.2 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).
4. ORDER CONFIRMATION – TRADE CUSTOMERS
4.1 We will send to you an order acknowledgement e-mail detailing the products you have ordered accepting your order. This becomes a legally binding contract which cannot be cancelled.
5.1 This website is only for delivery of products to customers with mainland UK. We cannot deliver to the Channel Islands, Isle of Man, Northern Ireland, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. All goods must be signed for by an adult aged 18 years or over on delivery.
5.2 Delivery charges and estimated timescales are specified in your quotation and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors and all goods and products are subject to availability. Spinks shall be under no liability for any delay or failure to deliver the products within estimated timescales. We recommend that you make arrangements for trades people to carry out work on your behalf only after your order has been delivered.
5.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
5.4 Our delivery costs will be provided at the point of quotation.
5.5 Delivery quantities must always be in minimum full packs. Pack sizes vary by brick.
6.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
6.2 The price you pay is the price displayed on this website at the time we receive your order or on your quotation as long as it is accepted within the specified timescale. Prices for special offers as shown apply on a ‘first come first served’ basis, subject to availability or while the offer is displayed on the website. No other prices published by Spinks are applicable to these items. The following exception applies:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
6.3 Payment can be made by any method specified in your quotation. A surcharge of 2% will be made if payment is made by credit card. Payment will be deemed as having been received only when funds have cleared.
6.4 Title to any products you order from Spinks shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
6.5 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see section 5. ‘ Delivery’ for further details).
7. RETURNS, CANCELLATIONS AND SUBSTITUTIONS
7.1 In accordance with the Distance Selling Regulations Consumers have the right to cancel orders up to and including the seventh working day after the date of delivery. Cancellations must be made in writing. If an order is cancelled we shall endeavour to arrange collection of the goods within 10 working days and you will be charged the cost of return haulage. We shall contact you to agree arrangements for collection. It is the consumer’s responsibility to ensure that goods are kept safe and in good resalable condition until they have been collected. Split packs of bricks cannot be collected or refunded due to the health and safety of transporting split packs from site.
7.2 In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and Refunds section.
7.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
7.4 We do not accept returns if you have surplus goods that you no longer require.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
8.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9. LIABILITY AND INDEMNITY
9.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
9.2 Subject to section 7.1 above, Spinks will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Spinks will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Spinks accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
9.3 Subject to section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
9.4 Subject to section 7.1 above, Spinks will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
(a) economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
9.5 Notwithstanding the above, subject to Section 7.1 Spinks's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
9.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
9.7 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
10. MISCELLANEOUS PROVISIONS
10.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
10.2 Spinks shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
10.3 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
10.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Spinks.
10.5 Spinks reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
10.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
10.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
(a) Spinks (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
(b) Spinks shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
10.8 A person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
10.9 No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
10.10 No delay or failure by Spinks to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Spinks.
10.11 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and Spinks relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Spinks for your use of this website.
If you have any complaint regarding this website or the service you have received from us please write to us at :
The website is operated by:
Registered in England with company number 214637
VAT Number 181 8885 18
We recommend you print out a copy of these terms and conditions for your future reference.
If you have any questions regarding the website please see ‘Contact’ for more information and full contact details.