Sites, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the
Sites. As used in this Agreement, “DIY SM ", "we," "us," and "our" shall mean DIY SM and its subsidiaries and affiliates.
You may only use the Sites if you can form a binding contract with us. You may only use the Sites to order if you are an authorized holder of the
credit card used for payment or an authorized user of a corporate account.
Subject to provisions of Distance Selling Act 2000, and Economic Directives 2002, DIY SM aims to provide the user with a free service, helping
them to find the cheapest price for the items they require, in an online “wagon” across 6 major Merchants.
DIY SM’s objectives are:
- To deliver an effective time and money saving service to customers.
- To provide the comparison of prices between products from different renowned merchants in a single window.
DESCRIPTION OF SERVICES
DIY SM is an ordering platform that utilizes the latest web, mobile, and social networking technologies to allow you to find suitable goods and
order them from the Merchants. Although you are able to place orders through the Services, DIY SM is not an actual party to any such transaction. Your
order is between you and the Merchant with whom you place the order. Accordingly, we shall have no liability to any party in connection with such
1. Definitions of terms as they apply to the Terms and Conditions.
means a week day in which trading banks are open for the transaction of banking business in England.
means the items offered for sale, described or displayed on the Website.
means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law,
any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
means a request by you to purchase Goods from users selected merchants in accordance with these Terms and Conditions.
has the meaning as defined under the Data Protection Act 1998.
means the purchase price of each Good as specified on the Website (including VAT).
means the policy displayed on our Website which details how we collect and store your personal data;
Terms and Conditions
means these terms and conditions, as amended from time to time.
means www.diysm.co.uk, www.diysupermerchant.co.uk
We or Us or our or
means any of DIY Supermerchant its directors, employees, independent contractors or agents.
You or Your
means you as the user of DIY SM pursuant to these Terms and Conditions.
2. Using the Website
2.1. You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or
its services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the
availability of its resources to others.
2.2. DIY SM cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or
other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs
and files on this site, and you release DIY SM entirely of all responsibility of any consequences of its use.
2.3. The Website and its contents are provided to you on “as is” basis; the site may contain errors, faults and
inaccuracies and may not be complete and current.
2.4. We reserve the right to change the Website at any time.
3. Intellectual Property Rights
3.1. This Website and all content forming part of the Website, including without limitation all photographs, images, designs, information,
interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
3.2. You acknowledge and agree that DIY SM owns, controls or is licensed all legal right, title and interest in and related to the Website,
including all intellectual property rights.
3.3. You may not:
(a) modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
3.4. Except where permitted under the Copyright, Designs and Patents Act 1988 or other applicable laws, and except for the temporary copy held in
your computer's cache and a single copy for your own personal use, any of the Website content (including any substantial part of it) must not otherwise be
used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialized in any form or by any means in
whole or part without our prior written consent.
3.5. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free,
world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content
or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials
on our Website and developing your ideas and suggestions for improved products or services we provide.
4. Third party Websites
4.1. This Website may contain links to other web sites controlled by third parties (Third Party Websites).
4.2. DIY SM is not responsible for the content or privacy practices of Third Party Websites.
4.3. The Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by DIY SM of
the third party or the products or services provided by the third party or any affiliation between DIY SM and the third party.
4.4. You access those sites and/or use those site’s products and services solely at your own risk and should make your own enquiries before
relying on any content contained in such Third Party Websites.
5.1. Cookies are small pieces of information that your browser stores on your computer hard drive.
cookies do not contain any personal identifiable information.
5.3. If you disable cookies on your web browser, you may not be able to fully experience all features of the DIY SM Website.
6. Accuracy of communications
6.1. You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using
the Website are true, complete and accurate.
6.2. If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as
soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication
that it is a corrected communication.
6.3. To the fullest extent permitted by any applicable laws, DIY SM hereby excludes and takes no responsibility and will not be held liable for
any errors, omissions or misstatements on or related to the Website.
7. Availability, withdrawal and suspension of service
7.1. Whilst we endeavour to provide continuous access to the Website, we do not warrant that your access will be safe, uninterrupted, timely, and
secure or error free.
7.2. DIY SM may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including
if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other
malicious attack on any part of our computer or telecommunications system;
if you breach any part of the Terms; or
if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate,
unlawful or offensive material.
8. Availability of Goods
8.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable.
8.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice
to you. DIY SM will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer as a result of a withdrawal or
suspension of availability with respect to a particular Good.
8.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will
8.4. You acknowledge and agree that:
8.5.1 all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in
8.5.2 you have read and fully understand and accept any corresponding written description of the Goods prior to submitting your Order;
8.5.3 the colour of Goods as shown on the Website may vary slightly or in shade in real life;
8.5.4 the designs and colours of fabric may vary slightly from one Good to another;
8.5.5 we reserve the right to make any changes to internal specifications of our Goods or minor external changes where necessary which may not be displayed
or apparent from the Website. These will be apparent if orders are placed at different times;
8.5.6 where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that
the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your
Delivery Address due to sufficient, appropriate and safe access); and
8.5.7 any accessory featured with the Goods is or may be for illustration purposes only, and may be sold separately.
9. Placing Orders for Goods
9.1. You may place an Order through the Website by submitting the electronic Order form on the Website of the merchant.
9.2. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your
nominated recipient for gifts) to enable the processing and delivery of your Order. DIY SM will not be liable to you for your loss or that of any third
party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details
provided in respect of an Order by you.
9.3. You also agree to obtain consent to provide DIY SM any personal details for nominated recipients of gifts.
9.4. DIY SM only acts as a signpost pointing to the merchant who offers as the best value. You agree to make your own enquiries to verify information
provided and to assess the suitability of Goods before you order the Goods. All issues that may arise pertaining to orders are to be resolved between the
users and selected merchants at their own level.
9.5 Any contract for buying goods and delivery from this Website is between you and the Merchant;
9.6 If any order is placed for goods delivery, you will be redirected to the selected Merchant.
9.7 Please note that some of Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the
9.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when
accessing or ordering from the Website.
9.10 Any order that you place with us is subject to product availability, delivery capacity and acceptance by Merchant.
10. Price and Payment
10.1. Unless otherwise stated, all Prices, Delivery Fees and other charges quoted are in Pounds (£) and where applicable, are inclusive of value added tax
10.2. The Price in respect of a Good is specified on the Website.
10.3. In ordering, paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
10.4 All prices listed on the Website are correct at the time of publication and have been input as received from the Merchant; while we give great care to
keep them up to date, the final price charged to you by the Merchant can change at the time of delivery based on the prices of the Merchant. We also
reserve the right to alter the Goods or Services available for sale on the Website and to stop listing Goods or Services.
11. Shipping and Delivery
DIY SM doesn’t deliver goods. Shipping and Delivery is in the domain of users selected merchants. Delivery fees and any additional charges will be set by
the selected merchants as per their relevant policy.
12. Promotions and Discounts
12.1 From time to time DIY SM will run temporary promotions and offer discounts on Goods sold through the Website. Such promotions will be subject to
additional terms and conditions (as specified with the offer). You should read these terms and conditions carefully
12.2 There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of
the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any
responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
13.2 Where we have requested information from you to provide Services you agree to provide us with accurate and complete information.
13.3 You authorize us to use, store or otherwise process your personal information in order to enable you so see the price of the products and compare
13.4 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
14. Warranties you make to DIY SM
You represent and warrant to DIY SM that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and
(where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to DIY SM;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
(c) in placing your Order, you have read, understood and agreed to these Terms and Conditions; and
(d) complied with all Laws.
15. Exclusion and limitation of liability
15.1. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
15.2. Other than expressly stated in relation to particular Goods, DIY SM and its affiliates, directors, officers, employees, agents, contractors,
successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information,
content, material or Goods included on the Website, except as otherwise provided under applicable laws.
15.3. Subject to any rights you have under any consumer protection law, DIY SM excludes to the fullest extent possible under Law, all implied terms and
warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
15.4. Where any law (including the Consumer Protection Act 1987.) provides a consumer guarantee which may not be lawfully excluded, our liability will be
limited to that provided by law.
15.5. To the maximum extent permitted by applicable law, neither DIY SM, nor its affiliates, directors, officers, employees, agents, contractors,
successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business
interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or
consequential damages, arising out of or in any way related to:
your use of the Website and any sites linked to the Website;
any information obtained through the Website;
Goods supplied to you following your use of the Website;
reliance on or failure to act, on any information or service contained on or accessed through the Website;
a withdrawal or suspension of availability of a Good;
errors, mistakes, inaccuracies or omissions on the Website;
personal injury or property damage of any nature resulting from your access to or use of the Website;
any unauthorised access to or use of our secure servers and/or Personal Information and/or financial information stored on those
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any
the quality of any product or service of any linked sites; or
an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to
or cessation of access to the Website,
in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
15.6. Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that
you directly or indirectly cause or contribute to any of the loss or damage.
15.7. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and
related entities or our suppliers have no responsibility for the legality of your actions.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable
legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person
against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.
17.1. You may stop using the Website at any time for any reason.
17.2. We may suspend or limit your access to the Website in our absolute discretion without notice or liability to you for any reason including:
if you breach any one of these Terms and Conditions;
if we are required to do so by applicable law;
if you use the Website for any activities which breach any applicable laws, regulations, standards or codes, or infringe a third party's rights or
if you tamper with, hinder the operation of or make unauthorised modifications to the Website including the storage or transmission of any virus or
disabling feature to the Website;
if you make any fraudulent, speculative or vexatious enquiries;
if you provide false information when using the Website;
if you attempt to do any of the above acts or permit or assist another person to do any of the above acts.
17.3. DIY SM reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
(a) for DIY SM’s convenience, at any time, upon provision of notice to you;
(i) if DIY SM reasonably believes that you have breached any of these Terms and Conditions, and that breach is not capable of immediate remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 7 days (where the breach is able to be
17.4. The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of your access to the
18.1. DIY SM reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect
from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with DIY SM with respect to
18.2 DIY SM may give notice to you by electronic mail. You may give notice to DIY SM by electronic mail to DIY SM Customer Service.
18.3. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the
extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or
enforceability of that provision in any other jurisdiction where it may be lawful.
18.4. A failure or delay by DIY SM to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right,
and the exercise of a power or right by DIY SM does not preclude its future exercise or the exercise of any power or right by or on behalf of DIY SM.
18.5. Your use of this Website is governed by, construed and enforced in accordance with the laws of English Laws. Disputes arising from your use of this
Website are exclusively subject to the jurisdiction of the courts of ____, England. If you access this Website from outside England, you do so at your own
risk and are responsible for complying with the laws in the place where you access this Website.