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TERMS & CONDITIONS OF SALE

GENERAL INFORMATION

As a consumer, you are entitled to certain legal rights concerning the return of faulty goods and claims related to any losses caused by our negligence or failure to fulfill our obligations. These terms do not alter or limit your statutory rights.

  • "Company Signatory" refers to an individual authorized by us.

  • "Consumer" means any individual acting for purposes unrelated to their trade, business, or profession.

  • "Contract" refers to the agreement for the supply of goods, which includes these terms.

  • "Defect" refers to any condition, attribute, or circumstance of the goods that, under these terms, would have entitled you to claim damages.

  • "Goods" refers to the products or, where applicable, services provided by us.

  • "Terms" refers to the conditions outlined in this document, along with any special terms agreed upon in writing between a Company Signatory and you.

  • "We," "Us," and "Our" refers to Buildcompare.

Payment Methods

SALE TERMS & CONDITIONS

1.1 Acceptance of Orders
We accept all orders strictly under these terms and conditions, and no changes will apply unless expressly agreed in writing by an authorized representative of the company. Any alternative or additional terms are void unless agreed in writing.
1.2 Quotations
Our quotations are provided solely as invitations to negotiate and do not constitute binding offers.
1.3 Order Cancellation
Orders may only be canceled with our written consent, provided by an authorized representative. You will be responsible for compensating us for any costs, losses, or expenses incurred due to such cancellation.
1.4 Accuracy of Orders
It is your duty to ensure that all details in your order are accurate, including any designs, drawings, or specifications you provide. You must also supply any necessary information within a reasonable timeframe to enable us to fulfill the contract as agreed.
1.5 Product Information and Responsibility

  1.5.1 Product Familiarity
  You are responsible for understanding the nature, functionality, and potential hazards associated with the products.
  1.5.2 General Information Disclaimer
  While we strive to ensure the accuracy of our catalogues, technical guides, price lists, and related materials, these documents are for general guidance only. Statements within them are not legally binding unless confirmed in writing by an authorized representative.
  1.5.3 Requests for Advice
  If you need specific advice about our products, including health and safety information, please make a formal request. Only advice confirmed in writing by an authorized representative shall be considered binding.
  1.5.4 Liability for Representations
  We accept no liability for any representations about our products (such as their condition, suitability, or specifications) made by us, our staff, or our agents, unless:​

  • The representation is confirmed in writing by an authorized representative; or

  • The representation is fraudulent.

  1.5.5 Limitation of Liability

  For clarity, our liability for any damages arising from misrepresentation (excluding those made fraudulently) is subject to the limitations and exclusions outlined in Clause 8 of these Terms.

​

PRICING

2.1 Price at Delivery
The price for the goods will be determined based on the prevailing rates at the time of delivery. All prices exclude VAT.
2.2 Price Adjustments

2.3 All prices are in pounds sterling (£) (GBP) and exclude delivery charges. Delivery options and costs are available at: https://www.agabos.co.uk/delivery-options.
Quoted or listed prices are based on costs current at the time of quotation or agreement. We reserve the right to revise the price at delivery to reflect any cost increases incurred after accepting your order, including but not limited to costs related to production, procurement, handling, or supply.
2.3 Price Variations
Prices quoted are valid for the quantities and details specified in your order. If the order quantity is reduced, specifications are changed, delivery dates are altered, or delays arise due to your instructions or lack thereof, we may adjust the price accordingly to reflect these changes.
2.4 Metric Conversions
If goods are ordered using imperial measurements, we may supply the nearest equivalent in metric measurements. Any conversions will be reflected in the pricing.

PAYMENT

3.1 Payment Method
All payments for orders must be made via Visa card at the time of checkout. We do not accept other payment methods unless explicitly agreed in writing by an authorized representative.
3.2 Payment Timing
Full payment is required at checkout before the order is processed. No goods will be dispatched until payment has been successfully received and authorized.
3.3 Late Payment Not Applicable
As payment is required at checkout, provisions for late payment or credit terms are not applicable under these terms.
3.4 Credit Facilities
We do not offer credit facilities. All transactions are processed as immediate payments via Visa card.
3.5 Payment Refusal
We reserve the right to decline any order if the Visa payment cannot be authorized, or if the payment or security arrangements do not meet our standards.
3.6 Liability for Short Delivery
You remain responsible for the full payment of the goods delivered or made available, even in cases of partial delivery.
3.7 No Withholding of Payment
You may not delay or withhold payment for any reason, including claims, disputes, or counterclaims. All orders must be paid in full at checkout.
3.8 Right of Set-Off
We reserve the right to offset any outstanding debts or claims against any amounts owed by us to you.

DELIVERY

4.1 Delivery Method
Delivery is considered complete once the Goods leave suppliers premises when applicable.
4.2 Estimated Delivery Dates
Delivery dates provided are approximate and are given in good faith. These dates are not guaranteed, and we are not liable for any delays in delivery.
4.3 Timeframe for Delivery
Time is not considered an essential element of this contract.
4.4 Liability for Delays
We shall not be held responsible for any damages, direct or indirect, including third-party liabilities, resulting from any delay in the delivery of Goods or failure to deliver within a reasonable timeframe, regardless of the cause.
4.5 Delivery by Instalments
We may deliver Goods in instalments, and each instalment may be invoiced separately. Failure to deliver any instalment, or any claim regarding an instalment, will not allow you to cancel the entire contract.
4.6 Additional Charges
The agreed price includes our standard delivery charges. However, we may impose additional charges if we incur extra costs, such as:

  • Delivery of less than a full load

  • Compliance with your request for non-standard delivery patterns or deliveries in instalments

  • Deliveries of low-value orders that are not cost-effective to deliver free

4.7 Unloading Requirements
You are responsible for providing the necessary labour to unload the Goods promptly. If our delivery vehicle is delayed due to excessive waiting times or if the delivery cannot be completed, or if we need to provide additional staff to unload, an extra charge will apply.
4.8 Failure to Collect or Accept Delivery
If you fail to accept delivery within the agreed timeframe, we may charge additional fees, issue an invoice for the Goods, or treat the contract as void and recover our losses accordingly.
4.9 Delivery to Non-Private Premises
If Goods are delivered to a location other than your private property, you are responsible for ensuring compliance with all relevant regulations and taking necessary steps to protect individuals and property during delivery.
4.10 Packaging Charges
Packaging charges, including for crates and pallets, will be billed, but can be refunded if the items are returned in good condition, at your expense, within seven days of delivery. Polythene sacks are non-returnable.

4.11 Indemnity for Delivery Instructions
You agree to indemnify us for any costs, claims, losses, or expenses incurred as a result of following your delivery instructions. This indemnity will be reduced in proportion to the extent that such costs are caused by our negligence.

INSPECTION

5.1 Inspection Upon Delivery
You are required to inspect the Goods at the time and place of unloading or collection. However, you are not required to unpack or break the packaging of Goods that are intended for storage before use.
5.2 Claims for Short Delivery

  • 5.2.1 Any claim for short delivery must be communicated to us immediately by phone and confirmed in writing within three working days after the Goods are unloaded.

  • 5.2.2 If we do not receive the notice within this timeframe, the Goods will be considered as delivered in the quantities specified in the delivery documents.

  • 5.2.3 You waive any rights to reject the Goods or claim damages for short delivery, regardless of the cause.​

5.2.4 Liability for Short Delivery
Our responsibility for short delivery is limited to replenishing the missing Goods to fulfill the shortfall.
5.3 Non-Conformity with Contract or Sample

  • 5.3.1 If, after a reasonable inspection, it becomes apparent that the Goods do not meet the terms of the Contract or (in cases of sale by sample) the bulk does not match the sample, you must notify us immediately by phone and provide written notice within three working days of the inspection.

  • 5.3.2 If you do not notify us within the required timeframe, the Goods will be considered as accepted, and you irrevocably waive any right to reject the Goods.

  • 5.3.3 Failure to provide notice within the specified time will result in the application of Clause 8.

WARRANTIES

6.1 We will make reasonable efforts to pass on to you the benefits of any manufacturer warranties or guarantees.

6.2 We do not provide any warranties for the Goods. Any warranties for the Goods (if applicable) are provided solely by the third-party vendor and are subject to their specific terms and conditions.

6.3 If you are a Business Customer, the following provisions apply:

6.3.1 Except where explicitly stated in these Terms, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent allowed by law.

6.3.2 Certain statutory laws may imply warranties, conditions, or terms that cannot be excluded, restricted, or altered. In such cases, if these statutory provisions apply, and to the extent permitted by law, the Seller's liability for any breach of the Contract will be limited to one of the following options, as determined exclusively by the Seller:

(a) Replacing the Goods or supplying equivalent Goods;
(b) Covering the cost of replacing the Goods or acquiring equivalent Goods; or
(c) Paying the cost of repairing the Goods.

ADDITIONAL TERMS APPLYING TO CONSUMERS

7.1 This section applies only if you are a Consumer.

Your Right to Cancel

7.2 In accordance with the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, you may have the right to cancel the contract under certain circumstances.

7.3 You do not have the right to cancel if the order is for Goods that are made to your specifications, are personalized, or are perishable (such as powder-based products like cement or plaster).

7.4 Before the contract becomes effective, we will inform you whether or not you have the right to cancel, based on the Goods you have ordered.

7.5 If you are entitled to cancel, you must do so within 14 days of receiving the Goods, following the process outlined in clause 7.11.

7.6 To cancel, you should notify us by post, email, or phone, using the contact information provided on your Order, Quotation, or our website. Please include your order number and details of the Goods ordered. You can also download and complete a cancellation form.

7.7 If you cancel after the Goods have been delivered, you must return them to the address we provide within 14 days of notifying us of your cancellation. This address may be that of our nominated carrier or supplier. The return deadline is met if the Goods are sent back before the 14-day period expires. We recommend that you obtain proof of posting. We will not issue a refund until we (or our nominated carrier or supplier) receive the Goods or until you provide proof of dispatch.

7.8 You are responsible for the Goods while they are in your possession. Please take reasonable care to avoid damage. If the Goods are handled in a way that reduces their value beyond what is necessary to inspect their nature, characteristics, and functionality, we may make a deduction from your refund.

7.9 Unless the Goods are faulty or misrepresented, you will bear the cost of returning them to us (or to our nominated carrier or supplier). For further details, refer to our Returns & Refunds policy.

7.10 A deduction may be made from the refund if the Goods have lost value due to unnecessary handling on your part.

7.11 If you cancel the Contract, we will refund all payments made, excluding delivery charges, even if you chose a more expensive delivery option.

7.12 We will process your refund within:

7.12.1 1 14 days after receiving the Goods back (or after our nominated carrier or supplier receives them); or

7.12.2 14 days after you provide evidence that the Goods have been returned; or

7.12.3 If no Goods have been supplied, 14 days after you notify us of your intention to cancel the contract.

7.13 Refunds will be made using the same payment method you used for the original purchase, unless you have agreed to an alternative method.

Our Duty to You

7.14 The Goods we supply must be as described, fit for their intended use, and of satisfactory quality.

7.15 We have a legal obligation to provide Goods that conform to the Contract.

7.16 Any Goods sold at a discounted price, as remnants, or as substandard will be clearly identified as such. You should verify that they meet the required standard for your intended use.

7.17 In the case of a pricing error on our website, we will offer you the option to confirm your Order at the correct price or cancel it.

7.18 If certain Goods cannot be supplied, we may substitute them with alternatives of equal or higher quality and value. If this occurs:

7.18.1 We will inform you if a substitution is intended, though this may not always be possible; and

7.18.2 You may refuse the substitute, and we will offer you a refund or replacement, along with information on how long the offer will remain open.

GENERAL

8. General

8.1 We will process your personal data in accordance with our privacy policy.

8.2 Any variation of these terms will not be binding unless expressly agreed to in writing between you and us.

8.3 Any notice required or permitted to be given by either party to the other under these Conditions must be in writing and addressed to the other party at its registered office, principal place of business, or any other address that has been notified to the party giving the notice.

8.4 No waiver by us of any breach of the Contract by you shall be considered a waiver of any subsequent breach of the same or any other provision.

8.5 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

8.6 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer.

8.7 If you are a Business Customer:

8.7.1 Both parties agree that the Contract constitutes the entire agreement in relation to the Order. These Conditions apply to the exclusion of any other terms under which any such Quotation is accepted or purported to be accepted, or any such Order is placed or purported to be placed, by you.

8.7.2 You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms, and that you will have no claim for innocent or negligent misrepresentation based on any statement in these terms.

ORDERS & SPECIFICATION

9. Orders and Specification

9.1 When you place an Order with us, we will acknowledge it in writing (including by email) if the Order is placed online, or by phone call or email if the Order is placed over the phone. This acknowledgment does not mean that the Order has been accepted by us. An Order is an offer from you to buy Goods from us on these Conditions.

9.2 We will only accept an Order when we write to you to confirm this (including by email). At this point, a legally binding contract will be in place between you and us on these Conditions.

9.3 We may contact you to inform you that an Order is not accepted, for example, if:

9.3.1 the Goods are unavailable;

9.3.2 we cannot authorize your payment;

9.3.3 you have ordered too many Goods; or

9.3.4 there has been a mistake in the pricing or description of the Goods.

9.4 You shall be responsible for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by you and for providing us with any necessary information relating to the Goods in sufficient time to enable us to perform the Contract in accordance with its terms.

9.5 The quantity, quality, description of the Goods, and any specification for them shall be as set out in our Quotation (if accepted by you) or your Order (if accepted by us).

9.6 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost of raw materials or delivery costs to us due to any factor beyond our control.

9.7 We reserve the right to make any changes to the specification of the Goods that are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to our specification, which do not materially affect their quality or performance.

9.8 Any pictures and images provided on our website, including of packaging, are for illustration purposes only. The Goods and their packaging may vary slightly from those pictures or images.

9.9 Subject to clause 15, no Order that has been accepted by us may be canceled by you except with our written agreement, and on terms that you indemnify us in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges, and expenses incurred by us as a result of the cancellation.

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