Please read these terms and conditions carefully before placing an order. By accessing this website and purchasing our fencing supplies, you agree to be bound by these terms.
1. Introduction and Ownership
This website (kinnairdsteel.com) is operated by Hubmaier Ltd. t/a Kinnaird Steel (“we”, “us”, or “our”). These terms constitute a legally binding agreement between you (the customer) and us for the purchase of any supplies listed on our e-commerce platform.
2. Basis of the Contract
- Order Placement: Your order via our checkout is an offer to buy.
- Contract Formation: A contract is only formed when we send you a dispatch confirmation email or notify you that your items are ready for collection.
- Order Refusal: We reserve the right to refuse or cancel any order if items are out of stock, if we discover a pricing error, or if we cannot authorise your payment.
3. Pricing and Payments
- Currency: All prices are displayed in Pounds Sterling (£) and are inclusive or exclusive of VAT as specified at checkout.
- Price Changes: We reserve the right to change prices at any time. The price you pay is fixed at the time of your order submission.
- Payment Security: Payments are processed securely via our integrated third-party gateway, Stripe. We do not store or see your credit card data.
4. Product Descriptions and Availability
- Standard Goods Only: We only supply standard, off-the-shelf fencing products through this website. We do not offer customisable, bespoke, or made-to-measure products online.
- Visual Representation: Images of fencing supplies on our website are for illustrative purposes. Wood is a natural product; natural variations in grain, colour, and knots may occur.
5. Delivery Terms
- Delivery Areas and Times: Delivery dates provided at checkout are estimates only. We will make every effort to deliver within the timeframe stated.
- Heavy Freight Access: Fencing materials (especially concrete posts and gravel boards) are heavy and bulky. Deliveries are typically kerbside only. You must ensure that the delivery address has a safe, unobstructed, and suitable access road for delivery vehicles.
- Offloading: You are responsible for providing or arranging safe offloading if required. If a delivery cannot be completed due to poor access or a lack of offloading capability, you may be liable for a re-delivery charge.
- Transfer of Risk: Risk of damage or loss passes to you the moment the goods are offloaded at your specified delivery address.
6. Collection Terms
- Ready Notification: If you select local collection, you must wait until we issue a “Ready for Collection” notification before arriving at our yard.
- Collection Window: Items must be collected within 7 working days of notification unless otherwise agreed in writing.
- Vehicle Suitability: You are entirely responsible for ensuring your vehicle or trailer is legally capable of carrying the weight and dimensions of the collected fencing supplies safely.
- Transfer of Risk: Risk of damage or loss passes to you the moment the goods are loaded onto your vehicle at our collection point.
7. Consumer Cancellation and Returns Rights
As an online consumer purchasing standard goods, you are fully protected under UK distance selling legislation:
- Right to Cancel: You have a “cooling-off period” to change your mind and cancel your order within 14 days from the day after you (or a third party designated by you) take physical possession of the goods.
- Notification: You must inform us clearly in writing (via email) of your decision to cancel within this 14-day window.
- Returning the Goods: You must return the items to our yard at your own expense within 14 days of notifying us of your cancellation. All items must be unused, undamaged, and in their original resalable condition.
- Refund Processing: We will issue a full refund, including your original standard delivery cost, within 14 days of receiving the goods back (or receiving proof of return). We reserve the right to deduct money from your refund if the value of the goods has been diminished by unnecessary handling.
8. Faulty or Defective Goods
- Statutory Rights: In accordance with the Consumer Rights Act 2015, if any fencing supplies arrive faulty, damaged, or not as described, you have a short-term right to reject the goods and claim a full refund within 30 days of delivery.
- Notification of Damage: Please inspect your goods upon delivery or collection. Any structural defects or transport damage should be reported to us within 48 hours to help expedite our supplier claims.
9. Limitation of Liability
- Business Interruptions: We supply fencing materials for domestic and private/trade use. We accept no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity caused by delivery delays or defective products.
- Liability Cap: Our total liability to you for any losses arising under or in connection with the contract shall be strictly limited to the total purchase price of the items ordered.
10. Governing Law and Jurisdiction
These terms, your use of kinnairdsteel.com, and any dispute or claim arising out of or in connection with a transaction on this website shall be governed by, and interpreted in accordance with Scots Law. Both parties agree that the Scottish Courts shall have exclusive jurisdiction to settle any disputes.