These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and condition set out below.

Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team via our Contact Us Page or call 0345 450 9000 8:30am - 4:00pm, Monday to Friday.

Who we are:
We are Birkdale Sales, a company registered in England and Wales. Our company name is BJA Trading Ltd t/a Birkdale Sales, our company registration number is 05547795 and our registered office is at Unite E, Granville House, The Heights Business Park, Ibstone Road, Stokenchurch, HP14 3BG. 

What these terms cover: These are the terms and conditions on which we supply goods to you.

Why you should read them: Please read these terms carefully before you submit your order to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

How to contact us: You can contact us by emailing our customer service team at mail@birkdalesales.com

How we may contact you: If we need to contact you, we will do so by either telephone or by the email address you provided when placing your order.

1. Our contract with you

1.1  How we will accept your order. Our acceptance of your order will take place when we email you an order confirmation, at which point a contract will come into existence between you and us.

1.2  If we cannot accept your order. If we are unable to accept your order, we will inform you either by email or telephone and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

1.3  Your order number: An order number will be assigned to your order; this will appear on your order confirmation email.  If you need to contact us for any reason regarding your order, please do reference your order number in all communication.

1.4  We only sell to the UK and Ireland. Our website is solely for the promotion of our products in the UK and Ireland. Unfortunately, we do not accept orders from or can deliver to addresses outside the UK and Ireland.

Birkdale Sales Limited Terms and Conditions

2. Basis of Contract

2.1 These terms and conditions apply to our contract with you, and override any other terms you might try to include.

2.2 When you place an order, you are offering to buy goods from us based on these terms. Please make sure your order details are correct.

2.3 We will accept your order either by sending you a written confirmation or by delivering the goods. This is when our contract starts.

2.4 This contract is the complete agreement between us. You agree that you haven't relied on any statements or promises that aren't included in this contract.

2.5 Any samples, drawings, or advertising we provide are just to give you an idea of the goods. They are not part of the contract.

2.6 Any quotes we give you are not offers. They are only valid for 30 business days from the date they are issued.

3. Goods

3.1 The goods are described in our catalogue, with any changes based on your specifications.

3.2 If we make goods based on your specifications, you agree to cover any costs or damages if someone claims we infringed on their intellectual property rights. This responsibility continues even after the contract ends.

3.3 We may change the specifications of the goods if required by law or regulations.

4. Delivery

4.1 We will ensure that:

Each delivery comes with a note showing the order date, reference numbers, type and quantity of goods, special storage instructions (if any), and the remaining balance if delivered in instalments.
If we need you to return any packaging materials, this will be clearly stated on the delivery note. You should make these materials available for collection as requested. We will cover the cost of returning packaging materials.

4.2 We will deliver the goods to the location specified in your order or another agreed location after notifying you that the goods are ready.

4.3 Delivery is complete when the goods arrive at the delivery location.

4.4 Delivery dates are approximate, and timing is not critical. We are not liable for delays caused by events beyond our control or your failure to provide adequate delivery instructions.

4.5 If we fail to deliver the goods, our liability is limited to the cost of obtaining similar replacement goods, minus the price of the goods. We are not liable for delivery failures caused by events beyond our control or your failure to provide adequate instructions.

4.6 If you do not take delivery within three business days of being notified that the goods are ready:

Delivery will be considered complete at 9:00 am on the third business day after notification.
We will store the goods and charge you for related costs and expenses, including insurance.

4.7 If you have not accepted delivery within 10 business days of notification, we may resell or dispose of the goods and account to you for any excess over the price or charge you for any shortfall.

4.8 You cannot reject the goods if we deliver up to 5% more or less than the quantity ordered.

4.9 We may deliver the goods in instalments, which will be invoiced and paid for separately. Each instalment is a separate contract, and delays or defects in one instalment do not entitle you to cancel other instalments.

5. Quality

5.1 We guarantee that on delivery, the goods will:

Match their description and any specifications.
Be free from significant defects in design, material, and workmanship.

5.2 If:

You notify us in writing within a reasonable time after discovering that the goods don't meet the warranty.
We have a reasonable chance to examine the goods.
You return the goods to us at your cost if we ask you to.

And we find that the goods don't meet the warranty, we will either repair or replace the defective goods or refund their price in full.

5.3 We are not responsible for defects if:

You continue to use the goods after notifying us.
The defect is due to your failure to follow our instructions on storage, installation, use, or maintenance.
The defect is due to us following your drawings, designs, or specifications.
You alter or repair the goods without our written consent.
The defect is due to normal wear and tear, intentional damage, negligence, or abnormal storage or working conditions.
The goods differ from their description due to changes needed to comply with laws or regulations.

5.4 Except as stated in this section, we are not liable for the goods failing to meet the warranty.

5.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded from this contract as much as the law allows.

5.6 These terms apply to any repaired or replacement goods we supply.

6. Title and Risk

6.1 You take on the risk for the goods once they are delivered.

6.2 You will own the goods when either:

We receive full payment for the goods and any other goods we've supplied to you, or
You resell the goods, at which point ownership passes to you just before the resale.

6.3 Until you own the goods, you must:

Store them separately so they are easily identifiable as ours.
Not remove or obscure any identifying marks or packaging.
Keep them in good condition and insured for their full price from the date of delivery.
Notify us immediately if you face any of the events listed in clause 8.2.
Provide us with any information about the goods that we may need.

6.4 You can resell or use the goods in your business before paying for them, but:

You do so as the principal, not as our agent.
Ownership passes to you just before the resale.

6.5 If you face any of the events listed in clause 8.2 before owning the goods:

Your right to resell or use the goods in your business stops immediately.
We may require you to return all goods that haven't been resold or incorporated into another product.
If you don't return them promptly, we can enter your premises or any third party's premises where the goods are stored to recover them.

7. Price and Payment

7.1 The price of the goods will be the price listed in your order or, if not listed, the price in our current price list at the time of delivery.

7.2 We may increase the price before delivery if:

There are factors beyond our control (like currency changes, tax increases, or higher manufacturing costs).
You request changes to the delivery date, quantity, type of goods, or specifications.
There are delays due to your instructions or lack of information.

7.3 The price does not include packaging, insurance, or transport costs, which will be invoiced separately.

7.4 The price does not include VAT. You must pay any VAT charges when you receive a valid VAT invoice from us.

7.5 Unless we agree otherwise in writing, you must pay for the goods in advance of delivery to the bank account we specify.

7.6 If we agree to extended payment terms in writing, you must pay the invoice in full by the end of the month following the invoice date. Payment must be made to the bank account we specify. Timely payment is crucial.

7.7 If you fail to pay on time, you will owe interest on the overdue amount at 4% per year above Barclay Bank's base rate. Interest will accrue daily from the due date until payment is made. You must pay the interest along with the overdue amount.

7.8 You must pay all amounts due without any set-off, counterclaim, deduction, or withholding (unless required by law). We may set off any amount you owe us against any amount we owe you.

8. Termination and Suspension

8.1 We may end the contract immediately by giving you written notice if you experience any of the events listed in clause 8.2.

8.2 These events include:

You suspend or can't pay your debts, or admit you can't pay them.
You start negotiations with creditors to reschedule debts or make arrangements with them.
A petition, notice, resolution, or order is made for your winding up (if you're a company).
An application or order is made for an administrator, or an administrator is appointed (if you're a company).
A holder of a floating charge over your assets appoints an administrative receiver (if you're a company).
A receiver is appointed over your assets.
You are subject to a bankruptcy petition or order (if you're an individual).
A creditor takes possession of or enforces against your assets, and this isn't resolved within 14 days.
Any similar event occurs in your jurisdiction.
You suspend or threaten to suspend a substantial part of your business.
Your financial position deteriorates significantly.
You die or become incapable of managing your affairs due to illness or incapacity (if you're an individual).

8.3 We may suspend delivery of goods if you experience any of these events, we believe you are about to, or you fail to pay any amount due.

8.4 If the contract ends for any reason, you must immediately pay all outstanding invoices and interest.

8.5 Ending the contract does not affect any rights, remedies, obligations, or liabilities that have accrued up to that point.

8.6 Clauses that are meant to survive termination will continue to be in effect.

9. Limitation of Liability

9.1 We are not limiting or excluding our liability for:

Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors.
Fraud or fraudulent misrepresentation.
Breach of the terms implied by section 12 of the Sale of Goods Act 1979.
Defective products under the Consumer Protection Act 1987.

9.2 Except for the above:

We are not liable to you for any loss of profit or any indirect or consequential loss, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
Our total liability to you for all other losses under the contract will not exceed the price of the goods.

  10. Force Majeure

10.1  Neither of us will be liable for any failure or delay in performing our obligations under the contract if it's caused by a Force Majeure Event. A Force Majeure Event is something beyond our reasonable control that couldn't have been foreseen or was unavoidable. This includes things like strikes, lock-outs, energy failures, acts of God, war, terrorism, riots, civil commotion, interference by authorities, national or international calamities, armed conflicts, malicious damage, breakdowns, contamination, sonic booms, explosions, building collapses, fires, floods, storms, earthquakes, loss at sea, epidemics, natural disasters, extreme weather, or supplier/subcontractor defaults.

11. General

11.1 Assignment and other dealings

We can transfer, mortgage, charge, subcontract, or deal with our rights and obligations under the contract at any time.
You cannot transfer, mortgage, charge, subcontract, declare a trust over, or deal with your rights and obligations under the contract without our written consent.

11.2 Notices

Any notice or communication must be in writing and sent to the registered office or principal place of business, or another specified address. It can be delivered personally, by pre-paid first class post, next working day delivery service, commercial courier, fax, or email.
Notices are considered received when delivered personally, at 9:00 am on the second business day after posting, when the courier's delivery receipt is signed, or one business day after transmission by fax or email.
This clause does not apply to legal proceedings or documents.

11.3 Severance

If any part of the contract is invalid, illegal, or unenforceable, it will be modified to be valid, legal, and enforceable. If modification is not possible, it will be deleted. This does not affect the rest of the contract.
If any part of the contract is invalid, illegal, or unenforceable, we will negotiate in good faith to amend it to achieve the intended result.

11.4 Waiver

A waiver of any right or remedy is only effective if in writing and does not waive any future breaches or defaults. Failure or delay to exercise any right or remedy does not waive it or prevent further exercise.

11.5 Third party rights

Only parties to the contract have rights to enforce its terms.

11.6 Variation

No changes to the contract are effective unless in writing and signed by us.

11.7 Governing law

The contract and any disputes are governed by the law of England and Wales.

11.8 Jurisdiction

The courts of England and Wales have exclusive jurisdiction over any disputes related to the contract.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods cannot be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

See also clause 8.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3  What we are not responsible for. Only use the products for its intended domestic use, we will not accept any liability if the products are subject to improper use or failure to comply with the manufacturer’s instructions. We are not responsible, and we do not cover faults caused by:

(a) fair wear and tear.

(b) misuse or accidental damage by you:

(c) you or someone else who has tried to or attempted to repair the products yourself.