This statement was last updated on 16/05/2024.

Please read these conditions carefully before using the www.designandsurvey.com website. By using www.designandsurvey.com, you signify your agreement to be bound by these conditions. 

Conditions relating to your use of this website 

The www.designandsurvey.com website is provided free of charge for your convenience by Design and Survey. In consideration for this we require that you agree to the following terms ('the Terms') for use of the Site. If you do not agree to the Terms please cease using this Site. If you continue to use the Site you are agreeing to the Terms that appear below, together with any specific terms set out on individual pages within the Site. If you have any questions, please contact us at levelbest@designandsurvey.com. This Site is not intended to be accessed or used by users in countries other than the United Kingdom and no representation or warranty is made as to whether the information available in this Site complies with the regulatory regime of other countries. 
 

1.	Your Account
	If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. Design and Survey reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2.	Privacy
	Please review our Privacy Policy, which also governs your visit to www.designandsurvey.com, to understand our practices.
3.	Access to www.designandsurvey.com
	We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4.	Licence for website access
	Design and Survey grants you a limited licence to access and make use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Design and Survey. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.  You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Design and Survey and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising www.designandsurvey.com or trademarks without the express written consent of Design and Survey. Any unauthorised use terminates the permission or license granted by Design and Survey.  You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page ofwww.designandsurvey.com as long as the link does not portray www.designandsurvey.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.designandsurvey.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
5.	Your conduct
	You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not www.designandsurvey.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.  You must not use the website for any of the following: - For fraudulent purposes, or in connection with a criminal offence or other unlawful activity - To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - To cause annoyance, inconvenience or needless anxiety This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.  You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Design and Survey and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising www.designandsurvey.com or trademarks without the express written consent of Design and Survey. Any unauthorised use terminates the permission or license granted by Design and Survey.  You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of www.designandsurvey.com as long as the link does not portray www.designandsurvey.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.designandsurvey.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
6.	Copyright, authors' rights and database rights
	All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.designandsurvey.com, its affiliates or its content suppliers and is protected by UK and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Ebrington (NI) Ltd and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Ebrington (NI) Ltd, our affiliates or our software suppliers and is protected by UK and international copyright and author' rights laws. You must not extract and/or re-utilise and/or print off parts of the contents of the website without Ebrington (NI) Ltd express written consent except the permissible document downloads. These downloads are also protected by United Kingdom and international copyright and database right laws. No part of these documents may be copied, reproduced, scanned, or in any electronis database, whether in whole or in part, in any form or by any means.In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without www.designandsurvey.com express written consent from Ebrington (NI) Ltd. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Ebrington (NI) Ltd express written consent.
7.	Trademarks
	www.designandsurvey.com graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Design and Survey. Design and Survey trademarks and trade dress may not be used in connection with any product or service that is not Design and Survey, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Design and Survey All other trademarks not owned by Design and Survey that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Design and Survey.

Conditions relating to the sale of goods to you 

These conditions form an integral part of every contract or agreement for the sale and/or supply of goods and/or services ("the products") by Design and Survey. Unless specific alterations or deletions are expressly agreed in writing on behalf of Design and Survey, these conditions shall apply in their entirety to all quotations made and all orders accepted on behalf of Design and Survey. Except as provided above, no servant or agent of Design and Survey has any authority to vary these terms or accept other terms proposed by a Customer which are inconsistent with these conditions unless confirmed in writing. 


Terms and Conditions of Trade 

It is important that you read and understand our terms and conditions of sale. If you have any queries our telesales team will be happy to answer them. Please call 028 7134 5188 weekdays between 8.00am and 5.00pm. 

Please note that we cannot accept orders from customers outside the UK and Ireland. 

Please note that in some circumstances, the products we sell cannot be sent overseas. We will cancel and refund any payments received for orders that we cannot fulfill, but may not always be in a position to notify you. 

 

1.	ACCEPTANCE OF ORDERS
	1.1 These Terms and Conditions shall apply to all orders for goods received by Ebrington (NI) Ltd 'the Company' for supply in the United Kingdom. No other conditions whether or not inconsistent with these Terms and Conditions shall apply.  1.2 Each order for goods will be deemed to be an offer by the customer to purchase the goods upon these Terms and Conditions (the 'Order'). A contract shall not be formed until the customer's order is accepted in writing by the Company (the 'Contract').  1.3 All Contracts are subject to these Terms and Conditions. No variation of these Terms and Conditions will be accepted by the Company unless previously agreed in writing. The Company reserves the right to refuse any Order without providing a reason.  1.4 Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. An alternative will be offered or a full refund will be given where payment has already been received by the Company for those Goods.
2.	CUSTOMER'S AUTHORITY
	Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these Terms and Conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in the Company's goods, whether in whole or part.
3.	DETAILS AND SPECIFICATIONS
	Details and specifications of goods will be as set out in the Company's current printed brochures. The Company reserves the right to alter specifications of any given product and to withdraw any item without explanation or notification. Current specifications can be confirmed with the Company by telephone.
4.	PRICES
	The price for the goods will be the price set out in the Company's current brochures or websites, the Company reserves the right to change any price without notice. Costs of packaging and carriage and any applicable sales tax or duty will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT, must provide a validated certificate at the time of ordering.
5.	PAYMENT
	5.1 Unless otherwise agreed accounts are due and become payable not later than 30 days from date of Design and Survey invoice. Where no account is held Terms are pro-forma  5.2 The Company may, at its sole discretion, accept payments by credit, debit card or BACS  5.3 If any sum payable is not paid when due for example, by failure of the direct debit payment, that sum will bear interest from the due date until payment is made in full at 4% above HSBC Bank Plc base rate from time to time and the Company will be entitled to suspend delivery of subsequent Orders and any agreed discounts until the outstanding amount has been received.
6.	CANCELLATION OF ORDERS
	The Company will use all reasonable endeavours to meet Customers' individual requirements but the Company shall be under no obligation to accept cancellation or other amendment to any order or any part of an Order once accepted by the Company. Where such cancellation or amendment to an Order is agreed by the Company, it is on the understanding that a reasonable cancellation or amendment charge may be levied at the Company's sole discretion.
7.	DELIVERIES AND CARRIAGE
	7.1 All Orders will be dispatched by the most appropriate route. Where a customer suggests an alternative route or places an Order outside the normal schedule, the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the Order.  7.2 Deliveries will be made to the reception desk and/or ground floor at the Customer's stated delivery address. Any special delivery requirements or difficulties in delivering (e.g. narrow doorways, stairs, and restricted access) should be made known to the Company at the time of placing the Order and may be subject to additional costs. The Company cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.  7.3 The Company will use reasonable endeavours to deliver each of the Customer's Orders for the goods within the time agreed when the Company accepts an Order and, if no time is agreed, then within a reasonable time, but the time of delivery is not of the essence. If, despite those endeavours, the Company is unable for any reason to fulfill any delivery on the specified date, the Company will not be deemed in breach of the Contract, nor (for the avoidance of doubt) will the Company have any liability to the customer for direct, indirect or consequential loss howsoever caused (including as a result of negligence) by any delay or failure in delivery. Any delay in delivery will not entitle the customer to cancel the Order or to receive a refund of any monies paid unless and until the customer has given 14 days' notice to the Company requiring the delivery to be made and the Company has not fulfilled delivery within that period. The customer shall have no other remedy in respect of late delivery.  Please review our Shipping Information to understand our practices further.

8.

RETENTION OF TITLE

8.1 All goods supplied by the Company to the customer shall remain the property of the Company until such time as the Company has received payment in full for the goods and of all other monies due to the Company from the Customer. After delivery of the goods to the Customer or his nominated sub purchaser, the goods shall be at the customer's risk and the customer shall insure those goods against loss or damage. Until such full payment is received the separate identity of those goods shall be maintained by the Customer.  8.2 Until such time as title of the goods shall pass to the customer in accordance with the foregoing provision, the Company shall be entitled at any time to repossess the goods whether with or without notice and the Company and its employees or agents shall have the right at any time to enter upon the premises of the Customer for the purpose of effecting such repossession.

9.	FORCE MAJEURE
	The Company will not be liable to the Customer for any failure or delay in delivery of the goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby.

10.	WARRANTY AND WARRANTY PERIOD
	10.1 Goods are supplied according to the descriptions and specifications given in the relevant and current brochures of the Company. The Company gives no warranty and makes no representation as to the suitability of fitness of any goods for any particular purpose unless expressly given or made in such brochures or websites.  10.2 In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time) the Company reserves the right to replace or repair the goods as an alternative to refunding the purchase price, at its absolute discretion.  10.3 Claims will not be considered where:  10.3.1 the goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair;  10.3.2 the goods have been improperly installed or connected;  10.3.3 the goods have been opened, partly used or the seals or labels have been removed or tampered with;  10.3.4 the goods have been damaged by fire, water, smoke or chemicals;  10.3.5 any maintenance requirements relating to the goods have not been complied with;  10.3.6 the goods have been specifically ordered by the Customer and are not stocked by the Company;  10.3.7 any instructions as to the storage of the goods have not been complied with in all respects;  10.3.8 the Customer has failed to notify the Company of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 5 days of the same coming to the knowledge of the Customer where the defect or damage is not one which should be apparent on reasonable inspection.  10.4 Any returned goods must be accompanied by a returns note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre.  10.5 The complete packaging should be retained if pilfering is suspected or if a breakage has occurred. If pilfering is suspected the Company and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed.  10.6 Except as set out in this condition 10, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Customer.
11.	CARRIAGE CHARGES
	Please review our Shipping Information, which outlines our current carriage charges.
12.	NON-DELIVERY
	In the event of non-arrival of goods, Customers must inform the Company within 14 days of the date of the invoice or advice of dispatch, otherwise no claim can be considered.
13.	NON FAULTY RETURNED GOODS
	13.1 Goods are not supplied on a sale or return basis. If any Goods are returned, the Goods must be unused and in original packaging and fit for resale. Returns will only be accepted with prior written permission of the Company. This must be obtained within 7 working days of date of dispatch.  13.1.1 In the event of Customer not being entirely satisfied with any goods received, notification must be made in accordance with condition 10. Failure to do so will result in credit/refunds not being issued.  13.1.2 Items made to Customer's own specification or which have been specifically ordered will not be accepted for return unless faulty in accordance with condition 10. Unless agreed with supplier such returns are subject to any charges and transit costs imposed by suppliers.  13.1.3 The Company accepts no responsibility for goods lost during transit.  13.1.4 No replacements are available whilst goods are exchanged, replaced or repaired.  13.1.5 Goods will not be acceptable for return if they have been relabelled or used in any way, or if any tamper evident seals have been broken. A returns note in accordance with condition 10.4 needs to be provided by the customer in connection with all returns of non-faulty goods.  13.1.6 Temperature controlled and pharmaceutical items will be accepted to correct defects and delivery errors only. In such cases the goods must be stored according to Manufacturer’s instructions.  13.2 Credits will normally be allowed on authorised returns as follows:  13.2.1 goods authorised for return within 7 working days of dispatch - 100% allowance.  13.2.2 any other goods - no allowance.  13.2.3 customers outside of the UK, 7 day rule applies from date of receipt not dispatch.  13.3 Non faulty goods accepted at the Company's discretion for credit will be subject to a handling charge at a rate of 15% on net invoice value or a minimum of handling charge of £20.00.   Please review our Returns Policy to understand our policy further.
14.	LIABILITY OF THE COMPANY
	14.1 The Company's entire liability under these Terms and Conditions and any Contract is as set out in conditions 7 and 10. The Company will be under no liability to the Customer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:  14.1.1 any of the goods, or the manufacture or sale or supply, or failure or delay in supply, of the goods by the Company or on the part of the Company's employees, agents or sub-contractors;  14.1.2 any breach by the Company of any of the express or implied terms of the contract with the Customer;  14.1.3 any use made or resale by the Customer of any of the goods, or of any product incorporating any of the goods; or  14.1.4 any statement made or not made, or advice given or not given, by or on behalf of the Company or otherwise under a Contract and these Terms and Conditions.  14.2The Company does not exclude its liability (if any) to the Customer for:  14.2.1 for breach of the Company's obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;  14.2.2 for personal injury or death resulting from the Company's negligence;  14.2.3 under section 2(3) Consumer Protection Act 1987;  14.2.4 for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or:  14.2.5 for fraud.
15.	PROPER LAW
	These Terms and Conditions and any Contract shall be governed by and construed according to the law of Northern Ireland and the Customer submits to the jurisdiction of the Northern Ireland courts. These Terms and Conditions will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff of the Company as they do not form part of the Contract or collateral contract.
16.	CUSTOMERS DEALING AS CONSUMERS
	Where a Customer 'deals as a consumer' as defined in Section 12(1) of the Unfair Contract Terms Act 1977 (as amended) these Terms and Conditions are subject to the Consumer's statutory rights, including but not limited to the Consumer Protection (Distance Selling) Regulations 2000. The Company shall in no way be entitled to exclude or limit such statutory rights.
17.	COMPANY DETAILS
	Ebrington (NI) Ltd trading as: Design and Survey. Registered Office 1A Carrakeel Drive, Maydown Industrial Estate, L’Derry, BT47 6UQ  VAT Registration Number: GB 103 6854 28  Company Registration Number: NI604898  All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Design and Survey.