About these terms (“Terms”)

These are the terms and conditions of BuyMaterials Ltd. (“we/ us/ Buymaterials”) which apply to all use of our online building materials marketplace (“Service”) which we operate at https://www.buymaterials.com and associated URLs (“Platform”) by Buyers operating within the UK.

By registering as a Buyer you are entering into a binding agreement with us based on these Terms (the “Agreement”). We have the right to cancel your registration and terminate the Agreement at our discretion.

BuyMaterials Ltd. is a company incorporated in Scotland (company number SC757358) and with its registered office at Suite 2, Ground Floor Orchard Brae House, 30 Queensferry Road, Edinburgh, United Kingdom, EH4 2HS.

A “Buyer” is the entity which wishes to purchase Products through use of the Platform. A “Merchant” is the building materials supplying entity which offers to provide building material items (“Products”) for sale to Buyers via the Platform.

We reserve the right to amend these Terms from time to time and will post a message on the Platform along with the new version of the Terms if that happens or email to alert you to our new terms. Your continued use of the Service will be deemed to be acceptance of any new terms.

About the Service

We provide the Service to enable Buyers and Merchants to enter into contracts for the supply of Products.

The Buyer will be provided, via the Platform, with the most competitive offer for the required Products (“Offer”) which may involve all Products coming from a single Merchant, or different Products coming from different Merchants.

The terms and conditions of sale for the selling Merchant(s) will be made available within the applicable Offer.

Contracts

A contract is formed (“Contract”) when the Buyer accepts an Offer for the supply of Products from a Merchant or Merchants via the Platform.

Where the Offer contains only Products from a single Merchant, the Contract will be between the Buyer and that Merchant. Where an Offer contains Products from multiple Merchants, the acceptance of that Offer creates separate Contracts between the Buyer and each of those Merchants for the applicable Products. So, if you accept an Offer containing items from multiple Merchants, you will enter into a Contract with each of those Merchants.

Each Contract will comprise the applicable Merchant Terms and the applicable Offer, or part of an Offer.

Please note that BuyMaterials is not a party to, and accepts no liability arising from, any Contract.

Account registration and use

Each Buyer must register an account on the Platform to use the Service (“Account”). We reserve the right to request supporting documents in relation to any application to register. However, we also reserve the right, without liability, to refuse any registration application at our discretion.

You should keep your Account log-in and passwords secure for use of the Service and not permit other use of your Account except by other members of your business to use the Service. You are responsible for anything that happens through your Account until it is closed down unless Account security has been compromised through no fault of your own.

You must promptly let us know if you discover any unauthorised use of your Account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

You must keep all your Account information complete and up to date. We are not liable for any loss you incur due to any incorrect information on your Account.

Invoicing, payment and refunds

Each Offer will confirm the payment options being offered by the applicable Merchant(s) which will be one or more of the following:

1. Paying by Stripe via the Platform;
2. Paying via TWO Inc via the Platform
3. Paying via a Trade Account set up with the Merchant; or
4. Paying cash on collection.

Cancellations will result in the order being refunded in accordance with the Merchants’ terms and conditions and less any credit card or payment processing fees which will not be refundable.

Refunds if due, typically take between 5 to 7 working days from dispute resolution or cancellation instigation.

Refer a Friend

BuyMaterials offers a refer a friend incentive, allowing users to invite friends and colleagues to use the app and service. BuyMaterials will provide the originating user with a £25 or equivalent voucher based on the following:
(i) The invited or referred user makes a confirmed, and delivered purchase over £100.00
(ii) A referrer will be paid ONLY if the link followed by the invited user is clicked to authenticate and will not be paid if the user signs out without using the link provided in the email.
(iii) Only one referrer will be paid even if invited by more than one existing referrer, based on which ever link the user used when logging in for the first time.
(iv) Only one voucher per referred user will be issued.

Data

We shall be entitled to analyse the transactional data from our Platform regarding Contracts in order to create new data sets. These data sets will not contain any data which identifies you.

Acceptable use

• You must comply with the following acceptable obligations:
• You must not store or transmit any material during the use of the Service that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive.
• You must not send or transmit any material which infringes any third party intellectual property rights.
• You should not create a false identity or submit inaccurate, false or misleading information.
• You should not transmit any unsolicited advertising.
• You should not knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
• You must not attempt to gain unauthorised access to the Platform or any server, computer or database connected to the Platform.
• You must only purchase Products via the Platform where you are legally entitled to do so.
• You must act in good faith at all times in relation to the use of the Platform and purchase of Products.

Disputes

We want the use of our Platform and Service to be as hassle free as possible. Therefore, while we are not party to the contract formed between a Buyer and Merchant, we will try and assist with any dispute between a Buyer and Merchant that arises if parties are unable to resolve it themselves.

Any dispute between us relating to the Agreement will be dealt with as follows.

Any dispute must be raised within 14 days of delivery date.

We both will endeavour to resolve it within 4 weeks of the dispute being reported.

If the dispute remains unresolved after that period then parties will attempt to resolve it by mediation.

No court action may be raised in relation to any dispute without mediation being attempted unless we both agree otherwise.

Our rights in the Platform and Service

We own or validly license all intellectual property rights in our Platform and Service, including the databases we use in relation to the Platform. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.

Availability of Platform

We shall use commercially reasonable endeavours to make the Platform and Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out between 8am to 6pm UK time and to give you as much advance notice of any maintenance as we can.

We will endeavour to respond to all support queries within one working day (based on UK time).

You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our Platform. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Disclaimer of Warranties

The Service and Platform are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under Scots law, without warranties of any kind. We make no warranty regarding any Contract, and you understand and agree that each Contract is entered into at your own risk.

Liability

We do not exclude or limit in any way our liability for:

• death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
• fraud or fraudulent misrepresentation; or
• or any other loss which cannot be excluded under the laws of Scotland.

If you are a consumer, we are liable for losses you suffer caused by us breaking this contract unless the loss is:

• It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
• caused by a delaying event outside our control and we have not contacted you as soon as possible to let you know and do what we can to reduce the delay;
• Something you could have avoided by taking reasonable action; or
• a business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described below.

If you are a business:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to [£10,000].

This section shall survive termination of the Agreement.

Indemnity

You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of the Agreement.

Data Protection

We only use personal information disclosed to us through use of the Platform and Service in accordance with our privacy policy on our web site www.buymaterials.com

General

We may suspend or terminate your use of the Platform on giving notice to you if you breach these terms and, where the breach is capable of remedy, you fail to remedy the breach within any reasonable timescale we request.

If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.

You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.

If there are any disputes with us arising out of your use of the Platform or Service or otherwise relating to the Agreement, then these will be governed by the laws of Scotland and subject to the exclusive jurisdiction of the Scottish Courts.