Terms and conditions

1. Who we are and how to contact us

1.1 Materials2U is a trading name of EasyEstimate.co.uk Ltd, a company registered in England and Wales under company number 10310406, with its registered office at The Barn, Elm House, Stowmarket Road, Stowupland, Stowmarket, Suffolk IP14 4DS ("Materials2U", "we", "us", "our").

1.2 You can contact us by email at trade@materials2u.co.uk. Formal notices under these terms must be sent by email to trade@materials2u.co.uk and are treated as received on the next working day.

1.3 These terms apply to every order placed through materials2u.co.uk, our mobile app, by email or through a quote or estimate we issue (together, the "Site"). They also govern your use of the Site. By placing an order or using the Site you agree to them. Please read them carefully and keep a copy.

2. Trade customers only

2.1 We supply building materials to trade and business customers only. By ordering you confirm that you are acting for the purposes of a trade, business, craft or profession and not as a consumer, and that the person placing the order is authorised to bind the business named on the account.

2.2 We may ask for evidence of trade status at any time, including a company or sole-trader name, trading address, VAT number, CIS registration, trade body membership or references, and may refuse, hold or cancel any order until we are satisfied.

2.3 Where you are a company, partnership or other business, the individual placing the order also agrees personally to be bound by these terms if it later turns out they had no authority to bind that business.

2.4 If, despite clause 2.1, you are in law a consumer, then (a) nothing in these terms removes or limits any right you have under the Consumer Rights Act 2015 or other consumer protection law that cannot be excluded, and (b) every other part of these terms continues to apply to you so far as the law permits. Clause 2.4 applies only to you and does not affect the terms as they apply to business customers.

3. Orders, checks and when a contract is formed

3.1 Every order you place is an offer to buy. It is not accepted, and no contract exists, until we send you a written Order Confirmation by email or we dispatch the goods, whichever happens first. An order acknowledgement, payment receipt or basket confirmation is not an Order Confirmation.

3.2 Every order is checked before acceptance. Checks may include trade status, identity, payment and fraud screening, product availability from our supply chain, price and description accuracy, delivery feasibility and vehicle access to the delivery address, and credit status. We may contact you during checks and may hold the order until checks are complete.

3.3 We may decline any order, in whole or in part, for any reason, including where goods are unavailable, where a price or description was shown in error, where we cannot deliver to the address given, where payment or credit checks are not satisfied, or where we reasonably suspect the order is not for trade use. If we decline an order you have paid for, we refund the amount paid for the declined items and that is the limit of our responsibility.

3.4 You are responsible for the accuracy of everything in your order: product selection, variant, size, quantity, unit of measure, delivery address, access details and contact details. We rely on what you enter. Orders cannot be amended once an Order Confirmation has been sent, except with our written agreement and subject to any charges.

3.5 Decisions on whether to accept, hold, amend or decline an order are ours alone and are final.

4. Prices, quotes and payment

4.1 Prices are shown excluding VAT unless stated otherwise. VAT is added at the rate applicable at the tax point. Delivery charges, surcharges and any applicable fees are shown or quoted separately and added before you confirm your order.

4.2 Prices may change at any time before we send an Order Confirmation. Written quotes we issue are valid for 7 days unless the quote says otherwise and are subject to availability and to clause 3. Estimates, calculators, take-off tools and material lists we provide are indicative only and are not quotes.

4.3 Where a price is obviously wrong, including where it is clearly below our cost of supply, we are not obliged to supply at that price even after an Order Confirmation. We will tell you, and you may re-order at the correct price or receive a refund of what you paid for the affected items.

4.4 Payment is due in full at the time of ordering unless you hold an approved trade credit account with agreed terms. We may require payment or a deposit before ordering goods from our supply chain. Whether to offer, continue, reduce or withdraw credit is our decision and is final.

4.5 Payments are processed by third-party payment providers. We do not store full card details. Where a payment is reversed, disputed or fails, we may suspend delivery, suspend your account and recover the goods or their value.

4.6 Credit account invoices are payable by the date on the invoice. If you pay late we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until payment, suspend deliveries and accounts, withdraw credit and recover our reasonable costs of collection.

4.7 You must pay all sums in full without set-off, counterclaim, deduction or withholding, except as required by law.

5. Products, descriptions and your responsibility for suitability

5.1 Products are described as accurately as our suppliers and manufacturers allow. Images, drawings, colours, dimensions, weights, coverage rates, performance figures and specifications are indicative only. Minor variations are to be expected and do not entitle you to reject the goods.

5.2 Natural and manufactured building materials vary. Aggregates, sand, timber, bricks, blocks, pavers, tiles, stone, roofing and finished products vary in colour, texture, shade, size and grading between batches and from any sample or image. We cannot guarantee a match between deliveries or with existing materials. Order the full quantity you need in one order if a match matters, and allow for wastage.

5.3 You are solely responsible for deciding that the products you order are suitable for your purpose, your site and your design, and for compliance with building regulations, planning conditions, specifications, manufacturer instructions and health and safety law. We do not give technical, design, structural or regulatory advice. Any information our staff or tools provide is given in good faith to help you choose and is not advice you may rely on. We do not supply products on the basis of any purpose you have told us about unless we have expressly confirmed it in writing in the Order Confirmation.

5.4 You are solely responsible for quantities. We do not check whether what you order is enough, too much or the right size for your job. Calculators, estimators, take-off tools and material lists on the Site are aids only. They depend on the information you enter and on assumptions that may not fit your project.

5.5 Manufacturers may change products, packaging, pack sizes and specifications without notice. We may supply an equivalent product from an alternative manufacturer where the product ordered is unavailable, provided it is of at least equivalent specification. We will tell you if we intend to do so before dispatch where it is reasonably possible.

5.6 Where you specify a product, brand, grade or quantity and we supply exactly what you specified, we have no liability if it is wrong for your purpose.

6. Availability

6.1 All products are subject to availability from our supply chain. Showing a product on the Site is not a promise that it is in stock or can be delivered to your address or within any timescale.

6.2 If a product becomes unavailable after an Order Confirmation we will tell you and may offer an alternative, a later date or a refund of what you paid for that item. That is the limit of our responsibility for unavailability.

7. Delivery

7.1 Delivery dates and times are estimates. Time of delivery is not of the essence. We are not liable for any loss, cost or delay to your works caused by late, failed or partial delivery, however caused. Do not book labour, plant or trades on the strength of an estimated delivery date.

7.2 Delivery is to the kerbside or the nearest safe, hard-standing point that the delivery vehicle can reach without leaving the public highway, unless we have agreed something else in writing. The driver decides what is safe and accessible, and that decision is final on the day. We do not deliver into buildings, over obstacles, through gates that the vehicle cannot pass, or onto unmade ground.

7.3 You must tell us before ordering about anything that affects delivery: access restrictions, narrow roads, low bridges, weight limits, parking controls, permit requirements, timed restrictions, overhead cables, soft ground and anything else a large vehicle needs to know. If you do not and delivery fails or is delayed, you pay the resulting charges.

7.4 Unless offload equipment is specified in the Order Confirmation, you must provide suitable labour and equipment to offload promptly on arrival. Waiting time, failed deliveries, re-deliveries, returns to depot, aborted journeys and any charges our carriers or suppliers pass to us are payable by you at the rates we quote or, where no rate is quoted, at our reasonable cost.

7.5 We may deliver in instalments. Each instalment is a separate contract. A delay or defect in one instalment does not entitle you to cancel any other.

7.6 Someone over 18 must be present to receive, check and sign for the goods. If you ask us to deliver without a signature or when nobody is present, the goods are at your risk from the moment they are unloaded and we accept no responsibility for loss, theft or damage after that point.

7.7 If we cannot deliver because of anything on your side, including access, absence, refusal, unsafe conditions or incorrect address details, we may charge for the failed delivery and for storage and re-delivery, and if you do not arrange re-delivery within 10 working days we may treat the order as cancelled by you under clause 11 and resell the goods.

8. How we fulfil orders

8.1 We work with a network of approved suppliers, manufacturers, merchants and carriers across the UK, and we may fulfil your order through any of them. Goods may be dispatched directly from a supplier's or manufacturer's premises, in their packaging and on their vehicles or those of their carriers. Delivery notes, labels and tracking may show a supplier's or carrier's name. Your contract remains with us.

8.2 We may subcontract or assign any part of the performance of your order without notice. The identity of the supplier or carrier for any order is a matter for us.

8.3 Where a supplier or carrier imposes conditions on delivery, such as minimum quantities, delivery days, vehicle types or access requirements, those conditions apply to your order and we will tell you about them where they affect you.

9. Checking your delivery, shortages and damage

9.1 You must check every delivery on arrival for quantity, visible damage and conformity with the Order Confirmation before signing. Note any shortage or damage on the delivery paperwork at the time. Goods signed for as received in good condition are treated as delivered complete and undamaged.

9.2 Report any shortage, visible damage or incorrect item to us by email within 48 hours of delivery, with your order number, a description and clear photographs. Claims made after 48 hours, or made without the delivery paperwork having been annotated where the problem was visible on arrival, will be declined.

9.3 Report any defect that could not reasonably have been seen on delivery within 7 days of the date it was or should have been discovered and in any event within 30 days of delivery. Do not install, use, cut, mix or alter goods you intend to reject. Goods that have been installed, used or altered are treated as accepted.

9.4 Once we have investigated, which may involve the supplier or manufacturer inspecting the goods or photographs, we will at our option replace the goods, supply the missing quantity or refund the price paid for the affected goods. That is your only remedy for shortages, damage and non-conformity.

10. Risk and ownership

10.1 Risk in the goods passes to you when they are unloaded at the delivery address or at the point described in clause 7.2, or on the first failed delivery attempt caused by you, whichever is earlier. You should insure them from that point.

10.2 Ownership of the goods stays with us until we have received payment in full, in cleared funds, for the goods and for all other sums you owe us on any account. Until then you must store the goods so they are identifiable as ours, keep them insured, not pledge or charge them, and allow us to enter any premises where they are kept to recover them. You may use or resell the goods in the ordinary course of your business before title passes, but any proceeds are held for us. Your right to possess the goods ends immediately if you become insolvent or breach these terms.

11. Cancelling or changing an order

11.1 Because we order goods from our supply chain against your order, you have no right to cancel once we have sent an Order Confirmation. We may at our discretion agree to a cancellation or change before dispatch, subject to you paying any costs we have incurred or committed to, including supplier cancellation charges, restocking charges, carriage and handling.

11.2 Special-order goods, non-stock lines, cut-to-size, mixed, tinted, made-to-measure, made-to-order and products ordered in quantities or specifications specific to you cannot be cancelled or changed once an Order Confirmation has been sent.

11.3 Requests to cancel or change must be made by email and are not effective until we confirm them in writing.

11.4 We may cancel an order at any time before delivery where clause 3.3, 4.3, 6.2 or 19 applies, or where you breach these terms, and refund any amount paid for undelivered goods. We have no further liability for cancellation.

11.5 If you refuse delivery of conforming goods or cancel without our agreement, you remain liable for the full price, and we may deduct from any refund our costs of carriage, return, restocking and resale, including any shortfall on resale.

11.6 Whether to accept a cancellation or change, and on what terms, is our decision and is final.

12. Returns of unwanted goods

12.1 We do not have to accept the return of goods that conform to the Order Confirmation. Where we agree to a return, it is subject to this clause.

12.2 Requests must be made within 30 days of delivery. Goods must be unused, unopened, undamaged, in original packaging, in resaleable condition and in full packs or units. We decide whether goods are resaleable.

12.3 A restocking charge of 25% of the price paid, or the supplier's charge if higher, applies, together with the cost of collection or return carriage. We may deduct these from the refund.

12.4 The following cannot be returned: special-order and non-stock lines; cut-to-size, mixed, tinted, made-to-measure or made-to-order products; bagged, boxed or sealed products that have been opened or part-used; products that have been used, installed, wet, weathered or stored outside; perishable, dated or shelf-life products; and anything excluded on the product page or in the Order Confirmation.

12.5 Refunds are made to the original payment method or credit account once the goods have been received and inspected by us or our supplier, normally within 14 days of receipt. Whether to accept a return and whether goods are resaleable is our decision and is final.

13. Trade credit accounts

13.1 Trade credit accounts are offered at our discretion, subject to status, references and the account terms we send you, which form part of these terms.

13.2 Credit limits, payment terms and account status may be changed or withdrawn by us at any time without notice. We may require security, a personal guarantee or a deposit.

13.3 You are responsible for everyone who orders under your account, including buyers you add, and for setting and enforcing your own purchase approvals. Orders placed by anyone using your account credentials, purchase-order references or approval process are binding on you.

13.4 Statements are issued monthly. Disputes about an invoice must be raised within 14 days of the invoice date, failing which the invoice is treated as accepted. Disputing part of an invoice does not postpone payment of the rest.

14. Warranties and quality

14.1 We warrant that, on delivery, goods will materially conform to the description in the Order Confirmation. Any manufacturer's warranty or guarantee is passed on to you where its terms allow and is your main recourse for defects in manufacture; we will help you make a manufacturer claim where we reasonably can.

14.2 Subject to clause 17.4 and so far as the law permits, all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, including any implied terms as to satisfactory quality, fitness for any purpose and correspondence with description or sample, are excluded.

14.3 Our warranty does not cover damage or failure caused by: incorrect storage, handling or installation; use for a purpose or in conditions the manufacturer does not recommend; failure to follow manufacturer instructions; wear, weathering, movement or settlement; works carried out by you or others; alteration; or anything beyond our reasonable control.

14.4 If goods do not conform to clause 14.1 and you have complied with clause 9, we will, at our option, repair or replace them or refund the price paid for them. That is your only remedy for breach of warranty.

15. Your obligations and indemnity

15.1 You must provide accurate information; provide safe access and proper conditions for delivery; comply with all laws, regulations and site rules relevant to the goods and your works; and ensure that the goods are handled, stored, installed and used by competent persons in accordance with manufacturer instructions.

15.2 You indemnify us against all losses, claims, costs and expenses we suffer or incur arising from your breach of these terms, from your use of the goods, from your works, from inaccurate information you give us, from delivery conditions at your address, or from any claim by a third party relating to any of these.

16. Use of the Site and accounts

16.1 The Site and its content are provided for your business use in buying from us. Content, including product data, prices, images, descriptions, tools, calculators, guides and estimates, is provided as is, may contain errors and may change or be withdrawn at any time. We do not promise that the Site will be available, uninterrupted or error-free.

16.2 You are responsible for keeping your account credentials secure and for all activity under your account. Tell us immediately if you suspect unauthorised use. We may suspend or close any account at any time.

16.3 All intellectual property in the Site and its content belongs to us or our licensors. You may not copy, scrape, extract, reproduce, frame or commercially exploit any of it without our written consent, except to the extent necessary to place and manage your orders.

16.4 You must not use the Site unlawfully, interfere with its operation or security, submit false information, place orders you do not intend to honour, or use automated means to access it. Links to third-party sites are provided for convenience and we are not responsible for their content.

16.5 Reviews, feedback and content you submit may be used by us without payment, and you confirm you have the right to submit them.

17. Our liability

17.1 Subject to clause 17.4, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any: loss of profit, revenue, business, contracts or anticipated savings; loss of or damage to goodwill or reputation; business interruption; cost of labour, plant, trades or site time, whether idle, wasted or re-booked; cost of removal, reinstatement or re-installation of goods or of anything they are incorporated into; liquidated damages, penalties or claims you owe to others; costs of substitute goods; wasted expenditure; or any indirect, special or consequential loss of any kind, in each case whether or not foreseeable and whether or not we were told it might occur.

17.2 Subject to clause 17.4, we are not liable for any loss arising from: delay or failure in delivery; shortages or damage not reported in accordance with clause 9; unavailability of products; variation in appearance or specification within clause 5; the suitability or quantity of goods you select; information, estimates, calculators, tools or guidance on the Site or given by our staff; the acts or omissions of any supplier, manufacturer or carrier beyond our reasonable control; or anything caused by your breach of these terms.

17.3 Subject to clause 17.4, our total liability to you for all claims arising out of or in connection with any order, however arising, is limited to the price you paid for the goods that gave rise to the claim. Our total liability in connection with your use of the Site, other than in relation to goods you have paid for, is limited to £100.

17.4 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; under section 12 of the Sale of Goods Act 1979 (our right to sell the goods); for defective products under the Consumer Protection Act 1987 where that Act applies; or for any other liability that cannot lawfully be excluded or limited.

17.5 You acknowledge that the price of the goods reflects the limits in this clause 17, that you are a business able to insure against the risks it leaves with you, and that these limits are reasonable.

17.6 Any claim against us must be started within 12 months of the delivery date of the goods concerned, or the date the claim arose if earlier, failing which it is barred.

18. Complaints

18.1 If something has gone wrong, email trade@materials2u.co.uk with your order number and the details. We aim to acknowledge complaints within 2 working days and to respond in full within 10 working days. Where a supplier or manufacturer inspection is needed it may take longer and we will tell you.

18.2 You must continue to pay sums that are not the subject of a genuine dispute, and must give us a reasonable opportunity to resolve a complaint before taking any other step.

19. Events beyond our control

19.1 We are not liable for any failure or delay in performing our obligations caused by anything beyond our reasonable control, including failure or delay by suppliers, manufacturers or carriers; shortage of materials, labour, vehicles or fuel; weather, flood, fire or other natural event; strikes and industrial action; road, port or network closures; accidents and vehicle breakdown; epidemic; government action; war, terrorism or civil disturbance; failure of utilities, IT systems or telecommunications; or any change in law.

19.2 If such an event continues for more than 30 days either of us may cancel the affected part of the order by written notice, and we will refund any amount paid for goods not delivered. That is the limit of our responsibility.

20. General

20.1 These terms, the Order Confirmation and any account terms we send you are the entire agreement between us for your order. You confirm that you have not relied on any statement, promise, representation or assurance that is not set out in them. Nothing in this clause limits liability for fraud.

20.2 We may change these terms at any time by posting the new version on the Site. The version in force when we send your Order Confirmation applies to that order. Your continued use of the Site after a change means you accept it.

20.3 Where these terms say a matter is for our decision or that our decision is final, we will decide in good faith and our decision binds you under this contract. This does not prevent you from asserting any right that cannot lawfully be excluded.

20.4 Any terms you try to apply, including terms on a purchase order, quotation request, website or email, do not apply, even if we process an order that refers to them.

20.5 You may not assign, transfer or subcontract any of your rights or obligations under these terms without our written consent. We may assign, transfer or subcontract ours.

20.6 If any part of these terms is found to be invalid or unenforceable, the rest continues in force and the invalid part is treated as modified to the minimum extent needed to make it valid.

20.7 No failure or delay by us in exercising any right is a waiver of it. A waiver is only effective if in writing.

20.8 No one other than you and us has any right to enforce these terms. The Contracts (Rights of Third Parties) Act 1999 does not apply.

20.9 We process personal data in accordance with our Privacy Policy, which forms part of these terms.

20.10 These terms, and any dispute or claim arising out of or in connection with them, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that we may bring proceedings to recover sums due or to recover goods in any court with jurisdiction over you.