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Terms & Conditions

These terms and conditions (the "Terms and Conditions") govern the use of www.industrialmetal.co.uk (the "Site"). This Site is owned and operated by Barclay & Mathieson Ltd. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property
All content published and made available on our Site is the property of Barclay & Mathieson Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Hack into the account of another user of the Site; or

  • Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

  • Steel;

  • Composite Fencing & Decking;

  • Architectural Building;

  • Industrial Handrails & Safety;

  • Tools & Workwear.

We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:

  • Credit Card;

  • Debit Card;

  • PayPal.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:

  • Steel / Depot Delivery 3 - 7 Business Days; or

  • Oversized Goods 4 - 10 Business Days,

  • Standard Delivery up to 5 Business Days.

Further details on our delivery methods can be found on our shipping page.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and bank holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase where free delivery is not offered.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Right to Cancel and Receive Reimbursement
If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period:

  • Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;

  • Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or

  • Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.

To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at websales@bmsteel.co.uk or by post at Barclay & Mathieson Ltd, BM Steel, 180 Hardgate Road, Shieldhall, Glasgow, G51 4TB.  

The right to cancel does not apply to:

  • Cut to measure goods where you have stated the measurements;

  • Shotblasted or painted goods;

  • Punched, drilled or profiled goods;

Effects of Cancellation
If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.

If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.

We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.

This right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability
Barclay & Mathieson Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Barclay & Mathieson Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the Country of England.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Barclay & Mathieson Ltd are unable to resolve any dispute through informal discussion, then you and Barclay & Mathieson Ltd agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Barclay & Mathieson Ltd.

Notwithstanding any other provision in these Terms and Conditions, you and Barclay & Mathieson Ltd agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Additional Terms

  • Weight - All goods are sold on the basis of weighed weight or calculated weight or quantity according to the Company’s practice for that product.  Sizes are supplied within the rolling tolerances as laid down by the producers.  Where weighed weight is chargeable, the count is not guaranteed and claims based solely upon count cannot be accepted.
    The Company shall be deemed to have fulfilled the contract if the goods delivered are within a tolerance of 10 per cent above or below the quantity ordered.;

  • Standards - The goods will be supplied within the tolerances stated in the current British Standard/European Standard for the appropriate product, where such a standard exists, unless it has been expressly agreed otherwise, in writing, by the Buyer.
    Any condition warranty or undertaking as to the fitness or suitability of the goods for any purpose known by the Company or which may be implied by custom of the trade or by statute or otherwise is hereby excluded and any statement in a British or European Standard as to suitability of the goods for any purpose shall give rise to no legal liability on the part of the Company.; and

  • Specification - The Buyer shall be solely responsible for the accuracy of any drawings, specifications or other information supplied to the Company by the Buyer, its employees or agents and in conformity with which the Company is to supply the goods or is to apply any process or service in relation to goods of the Buyer notwithstanding that the Company may have examined, inspected, studied or commented to the Buyer upon any such drawings, specifications or other information.
    The Buyer shall indemnify the Company against all actions, proceedings, claims, costs and expenses which may be brought against or incurred by the Company by reason of its supplying the goods or applying any process or service in relation to goods of the Buyer in accordance with any such drawings, specifications or other information whether or not it is alleged in such actions, proceedings and claims that patent, trade mark, design, copyright or other intellectual property or other exclusive right of any third party has been infringed.

  • Health & Safety - The Buyer acknowledges having been supplied by the Company with all necessary information concerning:?

    1. any possible danger to health or safety of the Buyer’s employees at work emanating from or associated with the goods supplied in this contract and undertakes to ensure as regards the use to which the goods are made at the Buyer’s place of work that the provisions of the Health and Safety at Work Act 1974 and in particular the provisions of Section 6 thereof shall be fully complied with and agreed to indemnify and keep indemnified the Company in respect of any claim or costs which the Company may have to meet arising directly or indirectly out of the supply of the goods forming part of this contract to the Buyer and due to the Buyer’s failure to properly comply with the terms of this undertaking or the provisions of the said Act or any other Statutory provisions or modifications thereof.

    2. It is an offence to purchase or attempt to purchase knives or bladed items under the Criminal Justice Act 1988 if you are under the age of 18. The Buyer confirms that they are over the age of 18 when purchasing knifes or blades.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________
websales@industrialmetal.co.uk
Barclay & Mathieson Ltd,
BM Steel T/A IMS,
180 Hardgate Road,  
Shieldhall,  
Glasgow,  
G51 4TB

You can also contact us through the feedback form available on our Site.

Effective Date: 12th day of May, 2023