Terms and Conditions

1. About Us

Site Safety Limited is a company registered in England and Wales under company number 17404729.

We supply products including, but not limited to:

• site and construction supplies;
• traffic management products;
• workplace and industrial supplies;
• safety products and equipment;
• tools and accessories; and
• associated products and consumables.

2. Who These Terms Apply To

These Terms apply to purchases made by both:

Consumers — individuals purchasing goods wholly or mainly for purposes outside their trade, business, craft or profession; and

Business Customers — companies, sole traders, partnerships, organisations and individuals purchasing goods wholly or mainly for business purposes.

Certain provisions of these Terms apply specifically to Business Customers or Consumers. Where this is the case, it will be stated.

Nothing in these Terms affects a Consumer’s statutory rights.

3. Products

We make reasonable efforts to ensure that product descriptions, specifications, dimensions, photographs and other information displayed on our website are accurate.

Images are provided for illustrative purposes. Packaging, colour, appearance and minor product details may vary from images displayed.

Measurements and dimensions may be approximate unless expressly stated otherwise.

Manufacturers may change product specifications without notice. Where a change does not materially affect the intended use or performance of a product, we may supply an updated equivalent.

It is the customer’s responsibility to ensure that a product is suitable for its intended application before purchasing or using it.

4. Prices and VAT

Prices will be displayed on our website or otherwise quoted to the customer.

Prices intended for Business Customers may be displayed exclusive of VAT, provided the applicable VAT and total amount payable are made clear where required.

Where we sell to Consumers, the total price payable, including applicable VAT, will be made clear before an order is placed.

Delivery charges, where applicable, will be shown or communicated separately.

We may change our prices at any time. Price changes will not normally affect orders we have already accepted.

If a product has been listed at an obviously incorrect price because of an administrative, technical or pricing error, we are not required to supply the product at that incorrect price.

If we identify a pricing error after an order has been placed, we may contact the customer to offer the option of proceeding at the correct price or cancelling the affected item or order for a full refund.

5. Placing an Order

Orders may be placed through our website or through another sales method offered by Site Safety.

Submitting an order constitutes an offer to purchase the goods.

Receipt of an order or payment does not necessarily constitute acceptance of that order.

A contract between the customer and Site Safety Limited is formed when we confirm acceptance of the order or dispatch the goods, whichever occurs first.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

• goods are unavailable;
• there has been an obvious pricing or description error;
• payment cannot be authorised;
• we suspect fraud or unauthorised activity;
• delivery cannot reasonably be completed;
• a trade account has exceeded its credit limit;
• an account is overdue or suspended; or
• fulfilling the order would breach applicable law or regulation.

6. Payment

Unless credit terms have been expressly agreed in writing, payment must be made in full before goods are dispatched or collected.

We may accept payment using the methods displayed at checkout or otherwise agreed with the customer.

Payment is considered received only when cleared funds have been received by us or our payment provider has confirmed successful payment.

We reserve the right to carry out reasonable fraud-prevention and payment-verification checks.

7. Trade Accounts

Eligible Business Customers may apply for a Site Safety trade account.

Approval of a trade account is at our discretion and may be subject to identity, company, address and credit checks.

We may:

• set a credit limit;
• increase or reduce a credit limit;
• require payment in advance;
• suspend credit facilities;
• withdraw credit facilities; or
• close a trade account.

8. Credit Accounts and Payment Terms

Where Site Safety Limited has expressly granted a Business Customer credit facilities, invoices must be paid within the payment period stated on the invoice or otherwise agreed in writing.

Unless otherwise agreed, our standard credit terms may be 30 days from the invoice date.

Granting credit on one occasion does not require us to grant credit on future orders.

If an account becomes overdue, we may:

• suspend further deliveries;
• place pending orders on hold;
• reduce or withdraw the customer’s credit limit;
• require future orders to be paid in advance; and
• exercise any rights available to us under applicable law.

9. Delivery

Delivery estimates are provided in good faith but, unless expressly agreed otherwise, delivery dates and times are estimates rather than guaranteed deadlines.

Delivery may be completed by Site Safety Limited, a manufacturer, distributor, courier, pallet network or other delivery partner.

Customers must provide a complete and accurate delivery address and any relevant access information.

The customer is responsible for ensuring that the delivery location is safe and reasonably accessible for the type of vehicle and delivery being made.

For larger, heavier or palletised deliveries, suitable access and unloading arrangements may be required.

We may charge reasonable additional costs where a delivery fails because:

• nobody is available to accept the goods;
• an incorrect or incomplete address was provided;
• the delivery location is inaccessible;
• agreed unloading arrangements are unavailable; or
• the customer otherwise prevents delivery.

10. Construction Site and Commercial Deliveries

Where goods are delivered to a construction site, workplace, warehouse or other commercial location, delivery may be made to a person who reasonably appears authorised to receive goods at that location.

Business Customers are responsible for ensuring appropriate arrangements exist for receiving and securing deliveries.

Unless specifically agreed otherwise, delivery does not include installation, positioning, assembly or specialist unloading.

11. Risk and Ownership

For Consumers, risk in the goods passes in accordance with applicable consumer law.

For Business Customers, risk in the goods passes when delivery is completed.

For Business Customers, ownership of goods does not pass to the customer until Site Safety Limited has received payment in full for those goods and all other amounts that are due and payable to us.

Until ownership passes, the Business Customer must, where reasonably practicable:

• keep the goods identifiable;
• keep them appropriately stored and protected; and
• not deliberately remove identifying markings.

12. Checking Deliveries

Customers should inspect goods as soon as reasonably possible after delivery.

Business Customers should notify us promptly if goods are:

• missing;
• visibly damaged;
• incorrect; or
• materially different from the order.

13. Faulty, Damaged or Incorrect Goods

If goods arrive damaged, faulty or incorrect, customers should contact us as soon as reasonably possible.

We may request:

• the order or invoice number;
• details of the issue;
• photographs or videos where appropriate;
• product serial or batch information where applicable; and
• other information reasonably required to investigate the issue.

14. Consumer Cancellation Rights

Consumers purchasing at a distance may have a statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Where the statutory cancellation right applies, a Consumer will generally have 14 days after receiving the goods to notify us that they wish to cancel.

The Consumer then generally has a further 14 days to return the goods.

Exceptions may apply, including to certain:

• personalised goods;
• bespoke or made-to-order goods;
• sealed goods not suitable for return for health protection or hygiene reasons once unsealed; and
• other goods excluded by applicable law.

15. Consumer Returns

Where a Consumer exercises a statutory cancellation right, goods should be returned in accordance with the instructions provided by Site Safety.

The Consumer is responsible for taking reasonable care of goods while they are in their possession.

We may make a deduction from a refund where the value of goods has been reduced as a result of handling beyond what would reasonably be permitted when examining goods in a shop.

Unless goods are faulty, incorrect or we agree otherwise, the Consumer may be responsible for the direct cost of returning cancelled goods where legally permitted and where this has been communicated as required by law.

This section does not affect statutory rights relating to faulty, misdescribed or otherwise non-conforming goods.

16. Business Customer Returns

Business Customers do not automatically have the same cancellation rights as Consumers.

Returns of correctly supplied goods by Business Customers are subject to our prior approval.

We may refuse a business return or impose reasonable conditions, including:

• requiring goods to be unused and resaleable;
• requiring original packaging;
• requiring proof of purchase;
• applying a reasonable restocking or collection charge; and
• requiring the customer to pay return carriage.

17. Refunds

Approved refunds will normally be made to the original payment method unless another method is agreed or required.

Consumer refunds will be processed within the periods required by applicable law.

For Business Customers, authorised refunds will be processed within a reasonable period.

Original delivery charges will be refunded where required by law.

18. Product Safety and Use

Customers must use products only for their intended purpose and in accordance with:

• manufacturer instructions;
• product warnings;
• applicable legislation;
• relevant safety standards; and
• appropriate industry practices.

19. Personal Protective Equipment and Safety-Critical Products

Where we supply personal protective equipment (“PPE”) or other safety-critical products, customers must ensure that the product is appropriate for the relevant hazard, environment, individual user and intended use.

Products must be inspected, maintained, stored and replaced in accordance with manufacturer guidance and applicable requirements.

Site Safety Limited is not responsible for a customer’s failure to select, fit, maintain or use a product correctly, except to the extent that liability cannot lawfully be excluded.

20. Traffic Management Products

Traffic management products must be selected, positioned, installed and used in accordance with applicable legislation, guidance and site-specific requirements.

Certain traffic management activities may require competent or appropriately trained personnel.

The supply of traffic management equipment by Site Safety Limited does not constitute approval of a traffic management plan, risk assessment, method statement or site arrangement unless we expressly agree to provide such a professional service separately.

21. Product Availability and Substitutions

All products are subject to availability.

Where a product becomes unavailable, we may contact the customer to:

• offer a suitable alternative;
• place the item on back order;
• arrange partial delivery; or
• cancel and refund the unavailable item.

22. Manufacturer Warranties

Some products may benefit from a manufacturer’s warranty.

Any manufacturer warranty is subject to the manufacturer’s own terms, conditions and exclusions.

Where appropriate, we will provide reasonable assistance to customers making a valid warranty claim.

A manufacturer’s warranty is additional to and does not replace any statutory rights that apply.

23. Liability to Consumers

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and statutory rights that cannot legally be excluded or restricted.

We are responsible for losses that are a foreseeable consequence of our breach of contract or failure to use reasonable care and skill, subject to applicable law.

We are not responsible to Consumers for business losses arising from products purchased wholly or mainly for personal use.

24. Liability to Business Customers

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Subject to the above and applicable law, Site Safety Limited will not be liable to a Business Customer for:

• loss of profits;
• loss of revenue;
• loss of business;
• loss of contracts;
• loss of anticipated savings;
• loss of goodwill; or
• indirect or consequential loss.

25. Events Outside Our Reasonable Control

We will not be responsible for delay or failure to perform our obligations caused by circumstances outside our reasonable control.

These may include:

• severe weather;
• flooding or fire;
• accidents;
• industrial disputes;
• transport disruption;
• shortages;
• supplier or manufacturer failures;
• utility or telecommunications failures;
• cyber incidents;
• government action;
• war or civil disturbance;
• epidemics or pandemics; or
• other comparable events.

26. Website Information and Availability

We aim to keep our website available and accurate but cannot guarantee that it will always operate without interruption or error.

We may update, suspend or modify parts of the website where reasonably necessary.

Website content is provided for general information and does not constitute professional health and safety, engineering, legal or regulatory advice.

27. Customer Accounts and Security

Customers who create an online account are responsible for maintaining the confidentiality and security of their login credentials.

Customers must notify us promptly if they believe their account has been accessed without authorisation.

You are responsible for activity carried out through your account where that activity has been authorised by you or results from your failure to take reasonable security precautions, subject to applicable law.

We may suspend an account where we reasonably suspect fraud, misuse, unauthorised access or a breach of these Terms.

28. Intellectual Property

All intellectual property rights in our website and Site Safety-owned materials, including our branding, logos, graphics, website design and original written content, belong to Site Safety Limited or our licensors.

You may not reproduce, distribute or commercially exploit our protected materials without permission except where permitted by law.

Third-party product names, trademarks and manufacturer branding remain the property of their respective owners.

29. Data Protection and Privacy

We process personal information in accordance with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.

Further information about how we collect, use, retain and protect personal information is contained in our Privacy Policy.

Information about cookies and similar technologies is contained in our Cookie Policy, where applicable.

30. Fraud and Misuse

We reserve the right to refuse, suspend or cancel transactions or accounts where we reasonably suspect:

• fraud or attempted fraud;
• unauthorised payment activity;
• abuse of promotional offers;
• misuse of trade pricing;
• false or misleading information;
• unlawful activity; or
• other serious misuse of our services.

31. Promotions and Discount Codes

Promotions and discount codes may be subject to additional conditions.

Unless otherwise stated:

• promotions cannot be exchanged for cash;
• codes may be limited to one use per customer or order;
• promotions may exclude certain products;
• promotions may have expiry dates; and
• multiple promotions may not be combined.

32. Complaints

If you are unhappy with a product or service, please contact Site Safety using the contact details provided on our website.

We will aim to investigate complaints fairly and respond within a reasonable period.

Nothing in our complaints procedure affects a customer’s statutory rights.

33. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, services, legislation or regulatory requirements.

The Terms applicable to an order will normally be those in force when the relevant contract was formed.

The latest version will be published on our website with the date it was last updated.

34. Severability

If any provision of these Terms is found by a court or competent authority to be unlawful, invalid or unenforceable, the remaining provisions will continue in effect.

35. Waiver

If we do not immediately enforce a right under these Terms, this does not mean we have waived that right.

36. Third-Party Rights

Unless expressly stated otherwise, no person other than the customer and Site Safety Limited has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

37. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.

If you are a Consumer, you retain any mandatory rights regarding where legal proceedings may be brought.

For Business Customers, the courts of England and Wales will have exclusive jurisdiction unless otherwise agreed in writing.

38. Contact Us

Questions regarding these Terms, orders, returns or customer accounts should be directed to us using the contact details displayed on our website.

Site Safety Limited
Company Number: 17404729
Registered in England and Wales
Website: site-safety.co.uk