Terms and Conditions

We offer all visitors a warm welcome to birchleysupplies.co.uk (referred to as the ‘Website’).

This website is owned by Birchley Supplies Ltd. Martindale Rd, Exhall, Coventry CV7 9ET who are referred to as ‘we’ ‘us’ or ‘our’ within these Terms of Use and ‘you’ or ‘your’ refers to the visitor or user of the Website.

Term of use of this website

It is important that we establish an agreement for the Terms and Conditions upon which we provide and you use the Website.

  1. These Terms of Use govern the use of our Website.
  2. If you do not accept or disagree with any part of these Terms of Use or our Privacy Notice, or if it would be illegal under the Laws of the country from where you gain access you must not use this Website.
  3. By continuing to use the Website you are deemed to have accepted these Terms of Use.
  4. We grant you a conditional, non-exclusive, non-transferrable license to download, view and print pages from this Website for personal use and caching only, subject to your acceptance and compliance with these terms of use.
  5. Access to the Website is provided free of charge, notwithstanding that your connection to the internet is subject to fees from your internet service provider.
  6. Viewing the Website does not create any obligation upon you to make, or us to accept a contract for services. The services promoted within the Website are subject to separate terms and conditions of services.
  7. If there is any conflict between these Terms of Use and any other contract between us and you in relation to the provision of services referred to within this Website, the terms and conditions of services shall prevail.
  8. We may revise these Terms of Use from time-to-time, any revision or amendment will apply to the use of the Website from the date of publication. You should check this page on each visit to ensure you are familiar with and accept the current version.
  9. All intellectual property rights and privileges including but not limited to patents, copyright, trademarks, service marks, design, business and domain names, goodwill in the Website design, images, graphics, text, layout, software and source code is owned by or licensed to us.
  10. Any trademarks, trading names or product names within this Website which are not ours or licensed to us are recognised, acknowledged and respected.
  11. We take every care to show the content as accurately as possible, however colours, shapes, layout, design, images etc. can be distorted during the downloading, reproduction or reconstruction of the Website by the device you use to access the Website, therefore we cannot guarantee the colour, shade, shape, size, proportions or any other visual aspect of an image is an exact match with the goods.
  12. The description, prices, offers, specifications and availability of goods or services is subject to change without notice and are provided without warranty that they are accurate or error free, however in the event of an error you will be informed before a contract of sale or services is agreed.
  13. The advertising of goods or services on our Website constitutes an ‘invitation to treat’ not a contractual offer.
  14. You agree not to do, or allow any of the following without our express written consent-
    1. Republish, redistribute, reproduce, duplicate, copy, translate, transmit, broadcast, sell, rent or sub-license or otherwise use any content of this Website.
    2. Frame or embed any part of the Website on other websites.
    3. Use any content of our Website for a commercial purpose.
    4. Attempt to edit, modify, amend or decompile any part of the Website.
    5. Conduct any data collection (whether automated or not) including but not limited to data scraping, data mining, data extracting and data harvesting.
  15. You must not access the Website in any way that
    1. causes, or may cause, damage to the Website or its hosting servers;
    2. impairs or interferes with of the availability or accessibility of the Website;
    3. is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  16. In the interest of keeping visitors safe we may use any method available to us, including technical and legal to prevent or remedy a breach of these Terms of Use, any unauthorised use of this Website shall provide a right of action and a claim for damages for breach of contract. We shall report and co-operate with enforcement authorities where illegal activities arise.
  17. The Website may include advertisements or links to other websites and are provided for convenience and information only. Links and advertisements are not intended to be, and shall not be taken as an endorsement or recommendation unless expressly stated.
  18. The Website shall include the ability for you to submit an enquiry form. To use this facility you will be required to submit personal information which shall be collected, processed and stored in accordance with our Privacy Notice and relevant data protection regulations.
  19. The Website may include the ability for you to log in to use account facilities where you will be required to create a username and password. These facilities are provided on the basis that
    1. You will keep your log in information secret and not disclose or share with any third party.
    2. Impersonate any person or entity;
    3. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
    4. Intentionally or unintentionally violate any applicable laws and/or regulations;
    5. Harass another user of the Website and/or any employee of ours;
    6. Access or attempt to access another user’s account without his or her consent.
  20. Our liability to you in relation to your use of the Website or under or in connection with these Terms of Use, whether under law, regulation, code, rule, contract, tort (including negligence) or otherwise, will be limited as follows:
    1. To the extent that access to the Website is provided free-of-charge we will not be liable for any loss or damage of any nature, irrespective of the basis behind a claim and if you are dissatisfied with any aspect of the Website then your sole and exclusive remedy is the discontinuation of your use of the Website.
    2. To the extent that we will make all reasonable endeavours to maintain continuous and secure access to our Website, the operation and availability of the Website may be interrupted as a result of routine or necessary updates and maintenance; or interfered with beyond our control and we give no warranties or guarantees in respect of your ability or inability to access the Website or the downloading of damaged or corrupt data.
    3. To the extent that we have no control over the content on a website that is linked to, or accessed via a link on this Website we will not be liable for such content on an external website.
    4. To the extent that technology and equipment can function incorrectly or fail to function at all, the operation and availability of the Website may be interrupted or interfered with beyond our reasonable control we cannot give any warranties or guarantees of continuous or uninterrupted access nor shall we be liable for any loss or damage, whether financial, opportunity or corruption of any data resulting from your inability to access the Website.
    5. To the extent that such matters are beyond our reasonable control, we shall not be liable for any loss or damage resulting from a Force Majeure (A force of nature or ‘Act of God’) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, strikes, fires, floods. Governmental restrictions, power failures, failure of suppliers, sub-contractors or carriers.
    6. To the extent that the transmission of data through the internet is inherently insecure, we will use every reasonable endeavour to ensure the integrity and security of the data and our equipment but we shall be under no liability for non-receipt or misrouting of data or that the data you receive has not been interfered with. You should provide your own security software on the device you use the access the Website but the compatibility, effectiveness and updating of that software is your sole responsibility.
    7. To the extent that it is necessary for us to update and upgrade the underlying software and equipment used to make the Website accessible via the internet to maintain security and keep up with technological advances which may result in downtime and you shall hold us harmless and fully indemnify us against any claims, losses or damages resulting from downtime.
    8. To the extent that we do not know the software or apps that are installed on the device you use to access the Website we are not able to guarantee that upgrades or updates are compatible with any third party scripts, code, software or apps that you upload or install, you shall hold us harmless and fully indemnify us against any claims, losses or damages resulting from compatibility issues.
    9. To the extent that you are solely responsible for any User Input we shall not be liable for, and you unconditionally and without limit indemnify us against any claim in relation to any User Input.
  21. Nothing in these Terms of Use (or elsewhere on the Website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
  22. A person or company who is not party to the agreement shall not have any rights, benefits or obligations under the Contract (Rights of Third Parties) Act 1999.
  23. If any provision of these Terms is held invalid or unenforceable by a Court of competent jurisdiction, the remaining provisions will remain in full force and effect. Wherever possible the invalid or unenforceable Term shall be replaced by one with a similar effect or meaning.
  24. No forbearance or delay in enforcing these Terms or any other legal right shall prejudice, restrict, interfere or otherwise diversely affect the right to enforce those Terms at a later time or for a subsequent breach.
  25. These Terms of Use are constructed and governed in accordance with English Law and only available in the English language, the courts of England and Wales have exclusive jurisdiction to adjudicate and provide determinations on any dispute arising from or in relation to them.