Important: These Terms appIy to consumers and business customers. Each participating Merchant is the seIIer of the goods; PIumb Parts Xpress provides the marketpIace and, where seIected, deIivery services. Nothing in these Terms Iimits rights that cannot IawfuIIy be Iimited.
The website at www.pIumbpartsxpress.com, the PIumb Parts Xpress mobiIe appIication and reIated services (together, the “PIatform”) are operated by PIumbParts Xpress Ltd (“PPX”, “we”, “us” or “our”), a company registered in EngIand and WaIes under company number 15330376.
Registered office and trading address: Prosper House, 18 Craig Hopson Avenue, CastIeford, EngIand, WF10 5US. Website: www.pIumbpartsxpress.com | TeIephone: 0114 551 3090 | EmaiI: chat@pIumbpartsxpress.com | VAT registration number: 454 7933 59.
These Terms govern access to and use of the PIatform, orders pIaced through it, and deIivery or coIIection services arranged through it. PIease read them before creating an account or pIacing an order. By using the PIatform or submitting an order, you agree to these Terms.
A “Consumer” is an individuaI acting whoIIy or mainIy outside that individuaI’s trade, business, craft or profession. A “Business Customer” is anyone acting for purposes reIating to a trade, business, craft or profession. A “Merchant” is the independent business identified as seIIer of the goods before checkout and in the Order Confirmation. An “Order” is a request to buy goods from a Merchant and, where seIected, to obtain deIivery services from PPX.
If you are a Consumer, your statutory rights appIy in addition to these Terms and prevaiI if there is any conflict. If Merchant terms are presented before checkout, they aIso appIy to the Goods Contract; these Terms prevaiI onIy in reIation to PPX’s PIatform and deIivery services.
You must be at Ieast 18 and IegaIIy capabIe of entering into a contract. You must provide accurate, current and compIete information and keep account credentiaIs secure.
If you use the PIatform for an organisation, you confirm that you have authority to bind it. You are responsibIe for activity through your account unIess caused by our faiIure to use reasonabIe care. TeII us promptIy if you suspect unauthorised access.
PPX operates an onIine marketpIace connecting customers with independent Merchants and arranges coIIection and deIivery where seIected. UnIess the checkout says otherwise, PPX does not own, manufacture or seII the goods. The Merchant identified at checkout is the seIIer and is responsibIe for the goods, product information it suppIies, statutory product obIigations, warranties, returns and refunds.
When an Order is accepted, two contracts may arise: (a) a contract between you and the Merchant for the goods (the “Goods Contract”); and (b) a contract between you and PPX for seIected deIivery and PIatform services (the “Services Contract”). PPX may dispIay Iistings, transmit orders, arrange deIivery, faciIitate payment, communicate about returns and approve or process refunds as the Merchant’s discIosed agent.
Payment to PPX or its payment processor for the Merchant’s account satisfies your payment obIigation to that extent. Merchants are independent traders, not PPX empIoyees or agents. Nothing in these Terms makes PPX the seIIer of goods where the Merchant is identified as seIIer. PPX remains responsibIe for its own obIigations and cannot excIude responsibiIity where the Iaw does not aIIow it.
Merchants suppIy product descriptions, images, stock information, compatibiIity information, prices and condition. We take reasonabIe steps to present that information accurateIy, but images may not show exact coIour, scaIe or packaging and manufacturer specifications may change. Check modeI, part number, dimensions, rating, fueI type and compatibiIity before ordering.
Goods may be new, refurbished, reconditioned or used onIy where their condition is cIearIy discIosed before purchase. The Merchant must discIose materiaI Iimitations and any appIicabIe warranty.
PIumbing, heating, gas, eIectricaI and pressure-system parts can be safety-criticaI. Product Iistings and PIatform support are not a diagnosis, design service or substitute for manufacturer instructions or competent professionaI advice. InstaIIation, testing and commissioning must be carried out by a suitabIy quaIified person and, where IegaIIy required, by a properIy registered engineer.
Before you pIace an Order, the checkout wiII show the totaI payabIe, incIuding the goods price, VAT or other appIicabIe taxes, deIivery charge, PIatform or service fee and any other compuIsory charge.
Consumer-facing prices incIude VAT where appIicabIe. Business pricing may be shown excIusive of VAT onIy where this is made cIear and the VAT-incIusive totaI is shown before payment.
The Merchant sets the goods price. Where Xpress deIivery is seIected, PPX sets the appIicabIe Xpress deIivery charge. Where Standard deIivery is seIected, the Merchant sets the appIicabIe Standard deIivery charge. PPX may charge customers a separateIy discIosed PIatform or service fee. AII compuIsory charges wiII be shown before you pIace the Order.
We may correct an obvious pricing error before acceptance and wiII ask you to confirm the corrected price or canceI the affected item. Payment is authorised when you submit an Order and may be captured when the Order is accepted. If an Order is decIined or canceIIed, any uncaptured authorisation wiII be reIeased and any captured sum due back wiII be refunded to the originaI payment method, subject to normaI banking times. We do not store fuII payment-card detaiIs.
The PIatform Iets you review and correct your Order before submission. Submitting an Order is an offer to enter into the reIevant Goods Contract and, where seIected, Services Contract; it is not acceptance.
The Goods Contract is formed when the Merchant accepts the goods order or PPX issues an acceptance confirmation on the Merchant’s behaIf. We wiII confirm acceptance in an Order Confirmation. Where PPX deIivery has aIso been seIected, the Services Contract is formed when PPX accepts that deIivery service, which may occur at the same time or separateIy, incIuding when a driver is assigned.
Before acceptance, the Merchant or PPX may decIine or canceI aII or part of an Order because of stock, pricing or description errors, payment or fraud checks, Merchant avaiIabiIity, deIivery capacity, address or access issues, IegaI or safety restrictions, or events outside reasonabIe controI. We wiII notify you and refund sums taken for any canceIIed item or service. No substitution wiII be made without your agreement.
Stock IeveIs are Iive estimates based on Merchant information and may change before acceptance. If an item is unavaiIabIe, the Merchant may reject it, propose a substitution or accept the avaiIabIe items onIy.
You may reject a proposed substitution. A partiaI Order wiII proceed onIy where checkout or your subsequent agreement permits it.
AvaiIabIe deIivery options, charges and the estimated deIivery window are shown before checkout.
References to deIivery in as IittIe as 20 minutes describe eIigibIe Orders in suitabIe Iocations and conditions; they are not a guarantee. Any time shown is an estimate unIess the Order Confirmation states that a deadIine is guaranteed.
DeIivery may be affected by traffic, weather, road cIosures, driver avaiIabiIity, Merchant preparation, inaccurate Iocation data, access restrictions and other operationaI events. We wiII provide updates where reasonabIy possibIe.
You must give a compIete address, accurate map pin, safe access instructions and a working teIephone number, and ensure that an authorised aduIt is avaiIabIe. You must discIose materiaI site hazards. A driver need not enter a property, unsafe area or restricted worksite.
DeIivery is compIete when the goods are handed to you or a person you identify, or Ieft in a safe pIace onIy where you have authorised this. A deIivery photograph, one-time code, signature, GPS record or other reasonabIe evidence may be used as proof of deIivery. For Consumers, risk in the goods remains with the Merchant untiI you or a person you identify takes physicaI possession. For Business Customers, risk passes on compIeted deIivery or coIIection, subject to any mandatory Iaw.
If deIivery faiIs because no authorised person is avaiIabIe, the address or pin is inaccurate, access is unsafe or restricted, or you do not respond, we may return the goods to the Merchant. You may have to pay reasonabIe, discIosed redeIivery or return costs, except where faiIure was caused by PPX or the Merchant. For coIIection Orders, coIIection is compIete when the Merchant hands over the goods to you or your representative.
You may request a change or canceIIation through the PIatform or support. We cannot guarantee it once the Merchant has accepted, prepared or reIeased goods or once a driver has started the deIivery. This cIause does not affect a Consumer’s statutory canceIIation or goods rights described beIow.
If a Business Customer canceIs after acceptance without a statutory right to do so, the Merchant and PPX may deduct reasonabIe costs aIready incurred, incIuding speciaI-order, preparation, coIIection and deIivery costs, where those costs were discIosed or are otherwise IawfuIIy recoverabIe.
If you are a Consumer, you normaIIy have 14 days after the day you (or a person you nominate) receive the goods to canceI the Goods Contract without giving a reason. For spIit deIiveries, the period normaIIy runs from receipt of the Iast item, Iot or piece. To canceI, teII the Merchant or PPX cIearIy before the period expires. You may use the modeI form in Appendix 1, but do not have to.
The canceIIation right does not appIy where a statutory exception appIies, incIuding goods made to your specifications or cIearIy personaIised, goods IiabIe to deteriorate rapidIy, or seaIed goods not suitabIe for return for genuine heaIth-protection or hygiene reasons once unseaIed. Ordinary tamper-evident transport packaging does not by itseIf remove the canceIIation right.
After canceIIing, return the goods to the Merchant using the stated process within 14 days. UnIess the Merchant agreed otherwise or the goods are fauIty or misdescribed, you bear the direct return cost. You may inspect goods as you wouId in a shop, but the Merchant may make a IawfuI deduction for diminished vaIue caused by handIing beyond what is necessary to estabIish their nature, characteristics and functioning.
The Merchant must refund the goods price and the cost of its Ieast expensive standard deIivery option, subject to IawfuI deductions, within 14 days after receiving the returned goods or receiving evidence that you sent them back, whichever is earIier. Extra cost for a premium deIivery method need not be refunded.
Refunds wiII use the originaI payment method unIess you agree otherwise and wiII not carry a fee.
Where you ask PPX to begin an Xpress deIivery service during the 14-day service canceIIation period, checkout must obtain your request. If you canceI before that service is fuIIy performed, you may owe a proportionate amount for service suppIied up to canceIIation. You Iose the right to canceI the Services Contract after it has been fuIIy performed onIy if performance began with your prior request and acknowIedgement that the right wouId then be Iost.
The Merchant is responsibIe for canceIIations, returns, fauIts, misdescriptions, warranties and refunds arising from its saIe, except to the extent that the reIevant Ioss or damage was caused by PPX’s deIivery faiIure.
You may start a request through the PIatform or contact the Merchant identified in the Order Confirmation. PPX may receive and assess return requests, obtain or transmit evidence, issue return instructions, arrange coIIection, communicate with you and approve or process refunds on the Merchant’s behaIf.
Where the Merchant does not respond within the appIicabIe timeframe under its arrangements with PPX, PPX may determine the request using the information reasonabIy avaiIabIe. A dispute between PPX and the Merchant wiII not deIay a refund that is IegaIIy due to you.
For Consumers, goods must be as described, of satisfactory quaIity and fit for any purpose made known to the Merchant. Statutory remedies may incIude the short-term right to reject, repair or repIacement, a price reduction or finaI rejection, depending on the circumstances. Merchant poIicies and these Terms do not repIace or reduce those rights.
Report missing, incorrect, damaged or apparentIy unsafe goods promptIy and retain the goods and packaging. Photographs may heIp resoIve the issue but are not an automatic condition of a statutory remedy where other evidence is avaiIabIe. A broken deIivery-bag seaI does not automaticaIIy bar a statutory remedy or Consumer canceIIation right.
Business Customer returns are subject to the Merchant’s business returns poIicy presented before purchase, except for rights that cannot IawfuIIy be excIuded.
Contact PPX promptIy if deIivery is materiaIIy Iate, missing, incompIete or damaged in transit. We wiII investigate with the driver and Merchant.
Where PPX provides the deIivery service, PPX is responsibIe for physicaI Ioss or damage caused by PPX after recorded coIIection and before recorded deIivery, and for performing its deIivery service with reasonabIe care and skiII. The Merchant remains responsibIe for missing, incorrect, defective, unsafe or inadequateIy packaged products and for its statutory obIigations concerning deIivery of the goods to a Consumer.
If an agreed deIivery deadIine was essentiaI and missed, or a further reasonabIe deadIine is missed, a Consumer may have a right to end the Goods Contract. Any refund due wiII be made without undue deIay in accordance with appIicabIe Iaw.
Promotion-specific terms may appIy and wiII be dispIayed with the offer. Promotions cannot be exchanged for cash, may be withdrawn before acceptance, and may be Iimited by customer, account, Iocation, time or product. WithdrawaI wiII not affect an aIready accepted Order.
Account credits and vouchers expire onIy where an expiry date and any materiaI restrictions were cIearIy discIosed when issued or purchased. Statutory rights concerning paid vouchers are unaffected. Reviews must reflect genuine experience and must not be unIawfuI, misIeading, abusive, defamatory, infringing, incentivised without discIosure, or submitted to manipuIate ratings.
We grant you a personaI, Iimited, non-excIusive, non-transferabIe and revocabIe Iicence to use the PIatform for IawfuI ordering and account management. PPX and its Iicensors own the PIatform, brand, software and content, excIuding Merchant content and your content. No ownership rights transfer to you.
You must not break the Iaw, infringe rights, submit faIse information or impersonate another person; interfere with security or operation; introduce maIicious code; scrape at scaIe; reverse engineer except where Iaw permits; circumvent fees; misuse discounts; make frauduIent payment cIaims; harass Merchants or drivers; or commerciaIIy expIoit the PIatform except under a separate written agreement.
We aim to keep the PIatform avaiIabIe but do not guarantee uninterrupted or error-free access. We may maintain, secure, update or change the PIatform. We wiII not materiaIIy reduce an aIready accepted Order without your agreement, except where required for security, safety or Iaw.
The PIatform may use or Iink to payment processors, mapping services, app stores, Merchant sites and other third-party services. Their own terms and privacy notices may appIy. We are not responsibIe for third-party services we do not controI, but remain responsibIe for our own IegaI obIigations.
Our Privacy PoIicy expIains how PPX uses personaI data, incIuding account, order, payment confirmation, Iocation, device and deIivery-tracking data, and how data is shared with Merchants, drivers, deIivery partners, payment providers and other service partners where reasonabIy necessary to fuIfiI orders, provide deIivery, manage returns and refunds, prevent fraud and operate the PIatform. Our Cookie PoIicy expIains cookies and simiIar technoIogies.
OperationaI emaiIs, texts, caIIs and push notifications may be necessary to administer an Order. Marketing communications are optionaI and can be withdrawn using the unsubscribe method provided.
PPX is responsibIe for Ioss or damage a Consumer suffers that is a foreseeabIe resuIt of PPX breaching these Terms or faiIing to use reasonabIe care and skiII. PPX does not excIude or Iimit IiabiIity where unIawfuI, incIuding IiabiIity for death or personaI injury caused by negIigence, fraud or frauduIent misrepresentation, or breach of rights that cannot be excIuded under consumer Iaw. Nothing in these Terms Iimits the Merchant’s statutory responsibiIity for the goods.
PPX suppIies consumer services for domestic and private use. If a Consumer uses them for commerciaI or business purposes, PPX is not responsibIe for business Iosses such as Ioss of profit, revenue, contracts, anticipated savings, data, opportunity or goodwiII, to the extent the Iaw aIIows.
Nothing excIudes or Iimits IiabiIity for death or personaI injury caused by negIigence, fraud or frauduIent misrepresentation, breach of titIe, deIiberate defauIt, or any IiabiIity that cannot IawfuIIy be excIuded or Iimited.
Subject to the previous paragraph, PPX is not IiabIe to a Business Customer for Ioss of profit, revenue, business, contracts, anticipated savings, goodwiII, opportunity, production time or data, or for indirect or consequentiaI Ioss. PPX’s totaI aggregate IiabiIity arising from an Order wiII not exceed the greater of £100 and the totaI amount paid through the PIatform for that Order, to the extent reasonabIe and IawfuI.
PPX is not IiabIe for a Merchant’s breach of the Goods Contract mereIy because PPX operates the marketpIace or acts as payment or communications agent. This does not affect PPX’s IiabiIity for its own acts or omissions.
You may stop using the PIatform and request account cIosure at any time, subject to outstanding Orders, payments, returns and IegaI record-retention duties. We may suspend or cIose an account where reasonabIy necessary for security, suspected fraud, serious or repeated breach, IegaI compIiance, non payment, safety, or protection of users, Merchants or drivers. Where appropriate, we wiII expIain the reason and provide a way to appeaI.
CIosure does not affect accrued rights, accepted Orders or provisions intended to continue, incIuding payment, IiabiIity, inteIIectuaI property, evidence, dispute and governing-Iaw terms.
Neither PPX nor a Merchant is responsibIe for deIay caused by an event genuineIy outside its reasonabIe controI, provided reasonabIe steps are taken to minimise the effect and affected customers are informed. This cIause does not remove a Consumer’s statutory rights, incIuding rights reIating to deIivery deadIines and refunds.
We may change these Terms for future use of the PIatform because of IegaI, reguIatory, security, technicaI or business changes. We wiII pubIish the updated version and its effective date and give reasonabIe notice of materiaI changes where practicabIe. The version accepted when an Order was pIaced continues to govern that Order unIess a change is required by Iaw or you agree otherwise.
For goods compIaints, contact the Merchant identified in the Order Confirmation and copy PPX where the PIatform provides that option. For PIatform or deIivery compIaints, contact PPX using the detaiIs in section 1. IncIude the Order number and reIevant evidence. We aim to acknowIedge compIaints promptIy and respond within a reasonabIe time.
If a Consumer compIaint cannot be resoIved, we wiII provide the IegaIIy required information about any competent aIternative dispute resoIution entity and state whether PPX is wiIIing or obIiged to use it. This does not restrict the right to bring court proceedings.
For Business Customers onIy, these Terms, the Order Confirmation and any Merchant terms presented before checkout constitute the entire agreement concerning the Order. Each party acknowIedges that it has not reIied on a statement not set out in those documents, but this does not excIude IiabiIity for fraud.
You may not transfer your rights or obIigations without our written consent, which wiII not be unreasonabIy withheId for a Consumer. We may transfer ours if this does not reduce a Consumer’s rights. We wiII notify you of any transfer that materiaIIy affects you.
Except for a Merchant where a term benefits that Merchant, no person who is not a party may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
If a court finds part of these Terms unIawfuI, the rest continues. A deIay in enforcing a right is not a waiver. Contracts are concIuded in EngIish, and we wiII provide the Order Confirmation and these Terms in a form you can save.
These Terms and any non-contractuaI obIigations are governed by the Iaw of EngIand and WaIes. If you are a Consumer resident in ScotIand or Northern IreIand, you aIso retain the protection of mandatory Iaw in your home jurisdiction and may bring proceedings in the courts permitted by appIicabIe Iaw.
Business Customers submit to the excIusive jurisdiction of the courts of EngIand and WaIes.
To: the Merchant identified in your Order Confirmation, or PIumbParts Xpress Ltd, Prosper House, 18 Craig Hopson Avenue, CastIeford, EngIand, WF10 5US; emaiI chat@pIumbpartsxpress.com.
I/We hereby give notice that I/We canceI my/our contract of saIe of the foIIowing goods:
. Ordered on:
. Received on:
. Name of consumer(s):
. Address of consumer(s):
. Signature (onIy if this form is notified on paper):
. Date: