PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN
CLAUSE 8 AND THE LIMITS TO OUR LIABILITY IN CLAUSE 9.
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Shields DIY & Fuel, 4 Vigo Bridge, Tavistock, Devon, PL19 0EY, (we and us)
to the customer (you). Our VAT number is 235 9910 85
1.2 All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such
other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either
(as applicable): (i) by delivery of the goods to you; or (ii) by providing the goods you have purchased to you at
the shop, at which point a legally binding contract is constituted between you and us.
1.3 The processing of your payment and acknowledgment of your order (including sending you an email
confirming your order is being processed) does not constitute legal acceptance of your order.
2.1 On our website, you may place an order to purchase a product advertised for sale by following the
onscreen prompts after clicking on the item you wish to purchase. 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 by clicking
the "Proceed to Checkout" button on the checkout page.
2.2 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2).
We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the goods you order or purchase is as set out in store and on our website at the time
you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT
rate unless otherwise stated.
3.2 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise
you may be charged the full price.
3.3 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case
we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect
description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion)
either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask
you whether you wish to continue with the order at the correct price or correct description. If we are unable
to contact you or you do not wish to continue with the order at the correct price or correct description, we
will cancel your order and refund the price you have paid.
3.4 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges
for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.5 For website orders, payment can be made by most major credit or debit cards or PayPal, by completing the
relevant details on the checkout page.
3.6 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used
is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
3.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal
payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment
we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we
will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer
or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance
with your order or purchase or if PayPal charges you for making the order.
3.8 We recommend that you do not communicate your payment card details or PayPal details and password to anyone,
including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in
transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.9 If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases
made on cards issued to you (including Trade UK cards) and we are not bound by any individual order limit you may
impose on your employees.
3.10 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any
right of set off or counterclaim, which you may have, or allege to have.
3.11 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
3.12 The format of our invoice and statements to you will solely be dictated by us.
4. Delivery & Title
4.1 Unless you choose to collect the goods from our shop and except in exceptional circumstances (as contemplated in clause 12),
we aim to deliver the goods in accordance with your order usually within the stated delivery time, except in exceptional
4.2 Before placing your order for delivery, please refer to the list of delivery locations and take note of
the day in which we can deliver to your address. We cannot specify specific times for delivery however if a rough
time window for delivery is required please contact is on 01822 615451. Please note that this will only be an
estimation and we cannot be held liable for any issues that occur for not being able to deliver within the time
window given. In the unlikely event that you have not received all the goods on delivery, you must notify us
immediately. We strongly suggest that you do not schedule or commence any installation work until after you
have received your order and checked all the goods are suitable for your purposes and do not have any defects
or missing parts.
4.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior
of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk
if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation,
fitting or waste removal services upon delivery unless otherwise agreed by us in writing.
4.4 Unless otherwise stated if you are not in on delivery then we will leave the items in a safe location close to your
property and leave a note through your door to confirm the delivery. We cannot be held responsible for any items that
may go missing or get damaged during this time. You must do all that you reasonably can to enable delivery to take
place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate
steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery
fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you.
If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have
paid for the goods.
4.5 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods
shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as "title") in
the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable
to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you
shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us
immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In
addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately
from all other goods in your possession and marked in such a way that they are clearly identified as our property.
You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of
inspecting or repossessing the goods.
5. Click & Collect / Call & Collect
5.1 The terms set out under this clause 5 apply in relation to "Click & Collect" or "Call & Collect" orders.
5.2 These services are available on all goods marked as available for "Store Collection" on our website.
5.3 In accordance with clause 1.2, acceptance of your order and the formation of a contract between us will
take place when we hand the purchased goods over to you at the shop.
5.4 If you need to cancel your order after you have submitted it, please call us on 01822 615451 option 1.
5.5 Collection of any order will be from Shields DIY & Fuel, 4 Vigo Bridge, Tavistock, Devon, PL19 0EY
5.6 Subject to clause 6, if your item is in stock at the shop, we will aim to ensure that it is available for
collection from the shop in as little as 20 minutes (during store opening hours) after we receive your order
and successfully process your payment.
5.7 Subject to clause 6, any item not in stock on the day of ordering can usually be made available for
collection within a week from the day you order subject to delivery and stock from our suppliers.
Alternatively, where possible you can part-collect the available goods the same day from you're the
shop and collect the remaining goods once we have notified you that they are available for collection.
5.8 Items are available for collection only during normal opening hours for the shop which are stated
on the home page of our website.
5.9 We will carry out an in store verification before you can collect your goods. If you have paid by
credit/debit card we will need to see the card that you used to make the payment. Therefore, you must
bring the card with you when you collect your goods. If you have paid by PayPal, you will need to bring a
form of identification ie passport, drivers licence etc.
5.10 If you do not collect your order within 21 days then your order will be cancelled and the value of your
order will be applied as a customer credit to your Shields DIY & Fuel details. Please call or visit us to
arrange a refund.
6.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders
and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you,
we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed.
We may, at our discretion, process any part of the order which is available. Where goods are out of stock,
we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in
the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to
offset the amount invoiced to you.
7. Manufacturer's Warranties & Guarantees
7.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see
the relevant product description on our website for further details). Any complaint, query or claim under a
manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do
not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
7.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
7.3 Some products may feature an extended manufacturer's warranty. These need to be registered within 28 days of purchase –
see the product documentation for more information
8. Cancellation, Returns & Refunds
8.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation
within 30 days of the date of delivery to you or your collection from the shop. In relation to goods
delivered to you, you may need to take delivery of the goods before you can cancel your order if the
goods are already out for delivery before we receive your notice of cancellation.
8.2 You will lose your right to cancel after the expiry of the 30 day period referred to in clause 8.1
(this does not affect your rights if there is any problem with the goods).
8.3 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or
email using the contact details set out below at clause 15. You may also cancel by informing us in store.
If you are cancelling because of any problem with the goods, please notify us of the problem at the time
8.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us
(together with the original packaging) without undue delay and in any event within 14 days after the day
of the cancellation at your cost (subject to clause 8.11), unless we agree that you may dispose of them, in
which case please comply with the manufacturer's instructions before disposing of hazardous goods. You must
return goods with all components and also any promotional items received (including free gifts) or discounted
8.5 Following cancellation, subject to clause 8.7, we will refund you the price paid for the cancelled order
(or part of the order cancelled). Where you cancel the entire order, we will also refund the standard
delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive
delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will
pay the refund within 14 days after the day:
8.5.1 you notified us to cancel your order, where you have not received the goods; or,
8.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or
8.5.3 you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
8.6 We will refund you using the same means of payment as you used to pay for your order or purchase. For Paypal purchases we
will provide you with a refund or customer credit (at your option).
8.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the
goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use
includes handling the goods beyond what is necessary to establish the nature, characteristics and
functioning of the goods. We may withhold any refund until we have received the goods or you have
supplied proof of return for the goods
8.8 Your right of cancellation does not apply to goods that are cut or mixed to your requirements,
made to measure, made to order, made to your specifications or clearly personalised (for example,
cut lengths of timber or mixed paint). Your right of cancellation does not apply to goods which are
not suitable for return due to health protection or hygiene reasons (such as water pumps, toilets and
macerators), if you have opened the product packaging after delivery or collection.
8.9 Without prejudice to your right to cancel orders generally under this clause 8, if
you have notified us of a problem with the goods within 30 days of delivery or collection,
you have a right to reject the goods and receive a full refund, or alternatively we are happy to
provide a replacement.
8.10 If an item develops a fault after 30 days following delivery or collection, we may
offer a repair or replacement of the item, or offer a price reduction or refund. If the
product is to be repaired, and the manufacturer has provided a helpline, repair service or
warranty, we may ask you to make contact with the manufacturer direct or we can do this on your
behalf. If there is no such service or warranty with the product, in most instances we will either
offer a repair or where this is not possible we will replace the item with the same or an equivalent model.
Legal Rights as a Consumer
8.11 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
9.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their
business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
9.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach
or if it was contemplated by you and us at the time you and we entered into our contract);
9.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and
9.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business
opportunity and other similar losses, as well as business interruption).
9.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract,
tort (including negligence), breach of statutory duty or otherwise), other than any refund we make
under these Terms and Conditions or otherwise at our discretion.
9.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you
(whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any:
(i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses,
or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to
you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and
Conditions or our legal duties.
9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute
the entire and only agreement between us
9.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer,
nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation,
for death or personal injury resulting from our negligence or for any other liability which cannot be
limited or excluded as a matter of applicable law.
9.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws,
regulations or other standards applicable outside the UK. All goods are sold in accordance with the
manufacturer's specifications and are subject to any qualifications, representations or instructions
contained in the documentation associated with the goods.
9.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the
event that you are undertaking work for another person, to any other person, for the use or installation
of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from
and indemnify us against any liability associated with, any claim or allegation that we are responsible for
any failings in the installation or use of goods that we supply.
10. Age Requirements for Specific Goods
10.1 Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes,
knives and knife blades you confirm that you are over the age of 18 and that (where applicable) delivery
will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if
we reasonably believe you do not meet the age restrictions for certain goods.
11.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in
writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they
fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or
insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be
appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even
if they are not yet due for payment) will be immediately due and payable and we shall be under no further
obligation to supply goods to you.
12. Events Beyond Our Control
12.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or
defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by
any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme
weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications
networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil
commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and
imposition or restrictions of imports or exports).
13.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit
our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the other provisions of these Terms and Conditions and the remainder of the provision
in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
13.2 All images are for illustration purposes only. Contents / accessories shown in images are not included
unless stated in product description.
14. Contact Details
14.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your
order, please contact us by post at Shields DIY & Fuel, 4 Vigo Bridge, Tavistock, Devon, PL19 0EY, by
phone on 01822 615451, or by email at email@example.com.
VAT: All prices include VAT at 20% (except where indicated) subject to change in taxation.
15. Alternative dispute resolution
15.1 Alternative dispute resolution is a process where an independent body considers the facts of
a dispute and seeks to resolve it, without you having to go to court. The European Union has set
up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a
complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at www.ec.europa.eu/odr.