January 2019 edition
Tel: 01772 83 83 63
Email: [email protected]
Company Number: 01113238
VAT Number: 154552174
Registered Office: Brookhouse Mill, Old Lancaster Lane, Preston PR1 7PZ
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. OUR CONTRACT WITH YOU
2.1 How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us. Our sale representatives are not authorised to enter into binding contracts with customers.
2.2 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
2.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product and will refund any amounts you have already paid.
2.4 Your order number. We will assign a unique order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. OUR PRODUCTS
3.1 Products may vary slightly from their pictures. The images of the products in our brochures and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations. Your product may vary slightly from those images.
3.2 Products may vary from samples. Whilst every effort will be made by us to ensure that dye colours match any sample shown to you, perfect matching cannot be guaranteed. However, where a variation in colour does occur which is in excess of 5% of the original colour sample (as determined by us) you shall be entitled to a refund of monies paid.
3.3 If you want to make a change to your order. If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible and any impact on the price payable or anticipated delivery dates. We are not obliged to make any changes to your order.
3.4 We may make a change to a product you have ordered. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example improvements in manufacturing processes. These changes will not materially affect the quality, appearance or your use of the product.
4. PROVIDING THE PRODUCTS
4.1 When we will provide the products. During the order process we will organise collection of your furniture if we are providing a re-upholstery service or uplift loose cover service, and we will agree a delivery date with you. Delivery of bespoke products can normally take up to 10 weeks depending on the time of year and type of product that you have ordered, but we will let you know what the expected timescales are at the point of sale. Any delivery times are estimates only, and may be changed by us to ensure that the products meet our quality standards.
4.2 Authorised recipient. We will contact you to finalise delivery, and you must ensure that there is someone present who you have authorised to receive the products and make payment. If you have not done this and we need to rearrange delivery, then you may be charged for our aborted delivery charges.
4.3 We may require more than one fitting. We will only release finished products to you when we are happy that they meet our quality standards. In some circumstances, this may mean that we need to undertake more than one fitting. If they require further alteration following such checks, we will perform this within a reasonable time, which may mean that the final delivery date is pushed back. The products shall not be considered to have been delivered until we have released them.
4.4 We are not responsible for delays outside our control. If supply of our products is delayed by an event outside of our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for compensation in recognition of the delays caused by the event.
4.5 If you do not arrange delivery. If you are not able to take delivery, or fail to take delivery, of the products within 7 days of us notifying you that they are ready for delivery we will contact you for further instructions and may charge you for storage costs at our standard rate of £50 per week (or part thereof) and any further delivery costs.
4.6 When you become responsible for the product. You will be responsible for the product once we have delivered it to you.
4.7 When you own the product. You own the product on:
(a) delivery of the products or once we have received payment in full, whichever event occurs later; and
(b) in relation to re-upholstery services, you will retain ownership of your own furniture at all times, but you will not own the new fabric and materials until delivery and full payment for the products is received.
4.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clauses 3.3 and 3.4).
5. YOUR RIGHTS TO END THE CONTRACT
5.1 14 day ‘cooling-off period’. In some circumstances you have the right to cancel your order with no cost or penalty during a 14 day ‘cooling off period’ under the Consumer Contracts Regulations. These are summarised in the table below:
|Goods/Services Provided||Does the Cooling-off period apply to your order?||Your cancellation rights|
|Standard goods (where you have ordered products in standard sizes which are not made-to-measure)||Yes|
You have a 14 day Cooling-off period to cancel your order without penalty.
You have a 14 day Cooling-off period to cancel your order without penalty.
|Bespoke goods (where you have ordered made-to-measure products)||No||You have no automatic right to cancel your order under the Cooling-off period.|
5.2 Other cancellations. If you wish to cancel your order but the cooling-off period does not apply, then please get in touch with our customer service team on 01772 83 83 63 to see if this is possible. Usually this will mean that you will lose your deposit as we may have ordered fabric or products in for you, but please note that it is not always possible to cancel orders if we have incurred costs above the level of the deposit.
5.3 Returning the products to us. If you have cancelled your order and have already received the products then you must return them to us, or make them available for collection. We may charge you our standard delivery costs if you require us to collect the products. We may also be entitled to charge you for any damage or mishandling of the products and they should, where possible, be returned undamaged in their original packaging.
6. OUR RIGHTS TO END THE CONTRACT
6.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract. If we have already commenced manufacture of the products or performance of the services then this may be the full price of the product paid or payable by you.
7. YOUR LEGAL RIGHTS
7.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be
as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
If your product is services, the Consumer Rights Act 2015 says:
7.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the reasonable costs of delivery or collection if your claim is upheld.
8. OUR GOODWILL WARRANTY
In addition to your legal rights, we offer the following warranty on all products:
8.1 Our warranty. We warrant that on delivery, and for the duration of the applicable warranty period (as set out below) from the date of delivery, the products will correspond with their specification, be free from material defects in design, material and workmanship, and be of satisfactory quality. The relevant warranty periods are:
(a) 12 months for blinds, curtain tracks and poles; and
(b) 36 months for all other products.
8.2 Manufacturer’s warranty. Some products may come with a manufacturer's guarantee. For details, please refer to any manufacturer's guarantee provided with the products.
8.3 Exclusions to our warranty. Our warranty in clause 8.1 does not apply to any defect arising from fair wear and tear, wilful damage, negligence or misuse or alteration of the goods by you or any third party without our approval.
8.4 You will not benefit from our warranty unless you have paid for the products. We shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the products has not been paid by the due date for payment.
8.5 How to claim under our warranty. In the unlikely event that the products do not conform with the contract, please let us know as soon as possible after delivery. Once we have carried out an inspection of the products to check they are faulty or not carried out with reasonable care, we will (at our sole option) either, replace or repair the products, re-perform the services or provide you with a full or partial refund.
8.6 Returning the product for inspection. If you wish to claim under our warranty, you must return the products to us for inspection, after notifying us of your intention to do so, to an address confirmed by us (or, if not notified, to the address detailed on the front page Brookhouse Mill, Old Lancaster Lane, Preston PR1 7PZ).
9. PRICE AND PAYMENT
9.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on your order form. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 2.2 for what happens if we discover an error in the price of the product you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 When you must pay and how you must pay. We accept payment by credit/debit card, cheque, made payable to Plumbs Limited, or cash. When you must pay depends on what product you are buying and you will be informed of this when we take your order:
(a) for certain products, including window blind products and non-fitted items that are direct delivery, you must pay for the products in full when we take your order.
(b) for other products, including covers and re-upholstery services, you must pay a deposit which is usually a third of the order value, at the time when we take your order and the amount of the deposit will be set out in your order. The balance of the price shall be paid immediately upon delivery of the goods or completion of the services.
9.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of HSBC Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 7.1; and for defective products under the Consumer Protection Act 1987.
10.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not
responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
10.4 We are not liable for events outside of our control. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the contract that is caused by events outside our control. Our obligations under the contract shall be suspended for the period that such an event continues and we will have an extension of time to perform our obligations for the duration of that period. We will take reasonable steps to bring the event to a close or define a solution by which our obligations under the Contract can be performed despite the event.
10.5 If you are a consumer, we are not liable for business losses. If you are a consumer, we only supply the products for domestic and private use and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.6 If you are a business customer, we are not liable for indirect losses and our total liability will be limited. If you are a business customer we will have no liability to you for any loss of profit, loss of business, business interruption or any indirect or consequential loss arising out of this contract. Our total liability to you in respect of all other losses arising out of this contract shall in no circumstances exceed the total price paid by you.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.