Terms & Conditions

Please read these terms and conditions before ordering products from our site and tick the acceptance box during the checkout process to confirm that you agree to be bound by these terms and conditions. If you are contracting with us as a consumer, please note your rights to cancel your contract with us within 14 days of receiving your goods, explained within clause 16.

General:

This agreement applies as between you, the User of this Website or Purchaser and 'SpillBuyer.com', a trading style of Safety Buyer UK Limited, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website.

SpillBuyer.com (the “Website”) is owned by Safety Buyer UK Limited, a company registered in England (company number 08070393) with a registered office at Unit 2 Fielding Industrial Estate, Oakden Drive, Denton, Manchester, M34 2QN.

No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order/despatch confirmation email to the Purchaser indicating that the order has been fulfilled and has been despatched. We are under no obligation to accept your order (whether or not the order has been acknowledged and payment made).

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account”	means collectively the personal information, Payment Information and credentials used by purchasers to purchase any goods on the Website;
“Carrier”	means any third party responsible for transporting purchased Goods from our premises or our suppliers’ premises to our customers;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods”	means any products that SpillBuyer.com advertises and / or makes available for sale through this Website;

“Service”	means collectively any online facilities, tools, services or information that SpillBuyer.com makes available through the Website either now or in the future;
“Payment Information”	means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, and other personal information.
“Purchaser”	means any person or business that buys Goods from this Website;
“Purchase Information”	means collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form;
“User” / “Users”	means any third party that accesses the Website and is not employed by SpillBuyer.com and acting in the course of their employment; and
“Website”	means the website that you are currently using (SpillBuyer.com) and any sub-domains of this site

Service Availability

Our website is only intended for use by individuals and businesses resident in the United Kingdom (mainland only). We reserve the right to decline any order.

Intellectual Property

3.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SpillBuyer.com, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

3.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by SpillBuyer.com

Third Party Intellectual Property

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

4.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier

Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SpillBuyer.com or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://spillbuyer.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of SpillBuyer.com.

Use of Communications Facilities

8.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

8.1.1 obscene or vulgar language must not be used;

8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3 Content that is intended to promote or incite violence must not be submitted;

8.1.4 the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;

8.1.5 Users must not impersonate other people, particularly employees and representatives of SpillBuyer.com or our affiliates; and

8.2 You acknowledge that SpillBuyer.com reserves the right to monitor any and all communications made to us or using our System.

8.3 You acknowledge that SpillBuyer.com may retain copies of any and all communications made to us or using our System.

8.4 You acknowledge that any information you send to us through our System or post on the SpillBuyer Blog may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

Accounts

9.1 In order to purchase Goods on this Website, Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website (as we do not require payment information until a purchase is to be made). By continuing to use this Website you represent and warrant that:

9.1.1 all information you submit is accurate and truthful;

9.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and

9.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

9.2 It is recommended that you do not share your Account details, particularly your username and password. SpillBuyer.com accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until the point they are despatched. In the event that an unauthorised purchase is despatched prior to your notifying us of the unauthorised nature of the purchase, we accept no liability, but will provide whatever guidance and information to help you rectify the situation.

Business Credit Account

10.1 You may apply to us via email sales@spillbuyer.com to set up a business credit account, which we may grant or refuse entirely at our discretion.

10.2 If you hold a business credit account you may still choose to order and pay for goods directly from the website, or to order from the website using your business account facility.

10.3 If we agree to provide you with a business credit account, you may also email, telephone, or post your orders to us. Such orders will be manually input to our website system and you will be emailed an order acknowledgement. Please check this acknowledgement and notify us immediately of any errors or omissions.

10.4 All orders, including business credit account orders that are manually input by us are subject to acceptance by us. We will notify you by email confirming acceptance of your order and providing delivery information.

Termination and Cancellation

11.1 Either SpillBuyer.com or a User may terminate an Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2 If SpillBuyer.com terminates an Account, any current or pending purchases on your Account will be cancelled and will not be despatched.

11.3 SpillBuyer.com reserves the right to cancel purchases without stating reasons, for any reason prior to despatch.

11.4 If purchases are cancelled for any reason prior to despatch Purchasers will be refunded any monies paid in relation to those purchases.

11.5 If a User terminates their Account any non-despatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

Payment

12.1 Payment will be required via our secure online checkout facility, unless a business credit account has been agreed, is in place and is being managed within agreed terms. Typically all first time business orders will require payment with order.

12.2 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and SpillBuyer.com.

12.3 If you do not pay on time we may (without prejudice to our other rights and remedies) charge interest on unpaid invoices on a monthly basis of 8% above the base rate of the Bank of England obtaining at the time.

Goods, Pricing and Availability

13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from SpillBuyer.com correspond to the actual Goods, we are not responsible for any variations from these descriptions. Any samples, drawings, descriptions or illustrations contained in our website or in our printed materials are published for the sole purpose of giving an approximate idea of the products described in them. They do not form part of the contract or any other contract between you and us for the sale of the products.

13.2 This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.

13.3 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [and other features] of the Goods that you are purchasing.

13.4 Delivery information is provided for each product on the Website, however, SpillBuyer.com does not represent or warrant that any or all Goods will be available. We will email you an order acceptance, which will include confirmation of the expected delivery date(s).

13.5 All pricing information on the Website is correct at the time of going online. SpillBuyer.com reserves the right to change prices and alter or remove any special offers at our absolute discretion.

13.6 In the event that prices are changed during the period between an order being placed for Goods and our processing of that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.7 Product prices shown are exclusive of VAT, carriage, packaging and insurance, all of which you shall pay in addition when you are due to pay for the products. VAT at the prevailing rate will be detailed within the order check out process and within your order acknowledgement.

Property, Risk and Account of Profits

14.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by SpillBuyer.com. Title remains with us until payment is complete.

14.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from SpillBuyer.com or forming a component part of a larger Good, and any amount of the purchase price payable to us remains outstanding, the Purchaser must account to SpillBuyer.com for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for SpillBuyer.com until payment has been received in full by SpillBuyer.com.

14.3 We reserve the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, SpillBuyer.com has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of SpillBuyer.com.

Delivery

15.1 We will notify you by way of email when your goods are to be despatched to you. The email message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. Deliveries to residential addresses may be delivered by couriers specialising in home deliveries, where delivery will typically take 1 to 3 days.

15.2 If we receive no communication from you, within 48 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15.3 Any dates advised for despatch or delivery of goods or for completion of any work shall constitute estimates of expectation only and shall not be binding. SpillBuyer.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from any delivery delays howsoever caused.

Returns Policy

16.1 We’ve taken lots of care to select and set-up our products for sale via our website; because getting things right first time is really good news for us and you alike. Helping you to deliver safety and value for your organisations relies on us being efficient and reliable - and that’s incentive enough for us.

When you have carefully ordered your products via our website, we’re confident you’ll receive the items you ordered that are fault free and undamaged.

However, in clearly setting out our returns policy below, our aim is to give you the information you need to help answer any questions you may have about returning incorrect or unwanted goods.

16.2 No goods should be returned to us without first obtaining a Returns Merchandise Authorisation (RMA) number.

16.3 Please contact us on 0161 368 4912 or via email to returns@spillbuyer.com to request your RMA number.

16.4 Incorrect goods supplied by us

If you receive Goods which do not match those ordered, you should contact us within 7 days to arrange collection and return. SpillBuyer.com is responsible for paying both the collection and replacement shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.

16.5 Faulty or damaged goods

If any Goods purchased have faults when they are delivered, you should contact us within 48 hours to arrange collection and return. SpillBuyer.com is responsible for paying collection costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty

If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to us within 48 hours and collection and return can be arranged. SpillBuyer.com is responsible for paying collection costs. You will be given the option to have the Goods replaced (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.

16.6 Consumer rights – 14 day cooling off period

If you have purchased Goods as a consumer, you have the right to cancel your order at any time within 14 days, beginning on the day after you received the Goods. You must notify us in writing and you are responsible for returning the goods to us at your own cost and risk. Goods must be returned in the same condition you received them in. Upon receipt and inspection of the returned goods we will process your refund as soon as possible (within 7 days). We will refund the price of the product and the original delivery charge in full, but not the cost of you returning the Goods to us.

16.7 No quibble approach to business customers

If the Goods have been despatched or have reached you, but you decide that they are no longer required, the Goods can be returned to us within 30 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of SpillBuyer.com. You are responsible for the cost of returning the goods to us. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased. Your original delivery charge will not be refunded.

Any credits or refunds will be made only after receipt and inspection of the returned goods.
SpillBuyer.com reserves the right to levy a 20% handling charge on any goods returned for credit.
Returned items originally shipped directly from a SpillBuyer supplier warehouse (with the exception of faulty or incorrect goods) may be subject to a restocking fee depending on carriage cost incurred to deliver and to collect unwanted goods.

16.8 Delivery of palletised goods such as Hazardous Substance Cabinets

Delivery of your cabinet(s) will be made to a goods inward point or kerbside drop at your address. Goods will not be moved beyond a suitable unloading point by the delivery driver.
If there are any specific delivery or site access issues, such as security requirements, FORs scheme, booking in etc – please let us know in advance so we can coordinate this with you
Re-delivery charges may apply where a failed delivery arises from delivery restrictions we have not been informed about in advance.

16.9 Our rights reserved

SafetyBuyer.com reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

Any use or benefit that you may have already had out of the Goods;
Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion will only be exercised within the confines of the law.

Privacy

17.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

Security

Our secure server software encrypts (scrambles) all your payment card details, allowing no third party to intercept the data as we process your order payment with our payment service provider (PSP). All transaction information passed between SpillBuyer.com and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and you can be completely assured that nothing you pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.

Disclaimers

19.1 SpillBuyer.com makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

19.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

19.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

19.4 Whilst SpillBuyer.com uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

Changes to the Service and these Terms and Conditions

SpillBuyer.com reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If we are required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Availability of the Website

21.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

21.2 SpillBuyer.com accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

22.1 To the maximum extent permitted by law, SpillBuyer.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

22.2 Any dates advised for despatch or delivery of goods or for completion of any work shall constitute estimates of expectation only and shall not be binding. SpillBuyer.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from any delivery delays howsoever caused.

22.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and SpillBuyer.com (Safety Buyer UK Limited).

Notices

26.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@spillbuyer.com Such notices will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

26.2 SpillBuyer.com may from time to time send you information about our products and/or services. If you do not wish to receive such information, please adjust your contact preferences in the ‘My Account’ area of our website.

Complaints

We have high performance expectations in all aspects of our business and believe our hard work, integrity and customer focus will help us to secure our position as your safety supplier of choice. When things don’t go as planned, we’ll be listening to your comments and looking for learning or improvement opportunities to build a stronger company. If we fail to meet your expectations please don’t hesitate to contact us at the address below. We’ll aim to deal with your complaint promptly and make every effort to resolve it to your satisfaction and retain your valued support.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and SpillBuyer.com shall be governed by and construed in accordance with the Law of England and Wales and SpillBuyer.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales

Force Majeure (events outside our control)

29.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control

29.2 This includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following;

29.2.1 Strikes, lock-outs or other industrial action

29.2.2 Civil commotion, riot, invasion, terrorist attack or threat

29.2.3 Fire, explosion, storm, flood, earthquake

29.2.4 Impossibility of the use of railways, motor transport or other means of public or private transport

29.2.5 Impossibility of the use of public or private telecommunications networks

Contact Details

30.1 Post: Spill Buyer (UK) Ltd, Unit 2 Fielding Industrial Estate, Oakden Drive, Denton, Manchester, M34 2QN

30.2 Telephone: 0800 193 0161

30.3 Email: sales@spillbuyer.com