Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and YatesMakes Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by YatesMakes Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to YatesMakes Limited and accessing the Website in connection with the provision of such services.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of YatesMakes Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
b. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
c. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of YatesMakes Limited.
Prohibited use
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of YatesMakes Limited or that of our affiliates.
6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
8. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.haydownfeeders.com/legal-stuff/privacy-policy and www.haydownfeeders.com/legal-stuff/cookies-policy.
Availability of the Website and disclaimers
9. Any online facilities, tools, services or information that YatesMakes Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. YatesMakes Limited is under no obligation to update information on the Website.
10. Whilst YatesMakes Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
11. YatesMakes Limited accepts no liability for any disruption or non-availability of the Website.
12. YatesMakes Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
15. To the maximum extent permitted by law, YatesMakes Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
General
16. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
17. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
18. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
19. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
21. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
22. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
YatesMakes Limited details
23. YatesMakes Limited is a company incorporated in England and Wales with registered number 13404919 whose registered address is Office B5 1st Floor, 62 Market Street, Eckington, Sheffield, S21 4JH and it operates the Website www.haydownfeeders.com.
You can contact YatesMakes Limited by email on info@yatesmakes.uk.
Attribution
24. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
TERMS AND CONDITIONS FOR THE SALE OF GOODS TO CONSUMERS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07398253089.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are YatesMakes Limited a company registered in England and Wales under number 13404919 whose registered office is at Office B5 1st Floor, 62 Market Street, Eckington, Sheffield, S21 4JH, with email address info@yatesmakes.uk; telephone number07398253089; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you
agree to be bound by these Terms and Conditions.
a. Before placing an order on the website, you will be asked to agree to these terms and conditions by clicking the button marked "I am a consumer and accept these terms and conditions"
b. Before placing an order over the phone, you will be told where you can read our terms
and conditions on the website and asked to agree to these Terms and Conditions verbally. If you do not verbally accept, you will not be able to complete your Order. You will receive an emailed copy of your order including a copy of the term and conditions.
c. Before placing an order while face to face with a representative of YatesMakes Ltd, at a location that is not a trading premises of YatesMakes Ltd, known as an off-site contract, you will be given an opportunity to read these terms and conditions and asked to agree to these Terms and Conditions, printed on the back of an order form, by ticking a box on the order form and
signing the order form. If you do not tick and sign the order form, you will not be able to complete your order. You will receive an emailed copy of the order form including a copy of these terms and conditions.
3. You can only purchase the Goods if you are eligible to enter into
a contract.
Interpretation
4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
5. Contract means the legally binding agreement between you and us for the supply of the Goods;
6. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
7. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the
information, and allows the unchanged reproduction of the information stored;
8. Goods means:
a. The goods advertised on the Website that we supply to you of the number and description as set out in the Order;
b. The goods requested by you over the phone that we supply to you of the number and description as stated by you;
c. The goods as shown to you in a face to face off site situation with a representative of YatesMakes Ltd, that we supply to you of the number and description as set out on the Order form.
9. Off-site contract means purchasing Goods from YatesMakes Ltd in a face to face situation that is not on premises belonging to YatesMakes Ltd.
10. Order means the Customer's order for the Goods from the Supplier as submitted for items and quantities there of. Either:
a. By following the step by step process set out on the Website;
b. As written on an order form from being taken verbally over the phone;
c. As written on an order form in a face to face off site situation;
11. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website, or received from you verbally either in an off premises face to face situation, or over the phone.
12. Website means our website www.haydownfeeders.com on which the Goods are advertised.
Goods
13. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
14. All Goods are subject to availability, whether:
a. Displayed on the Website;
. b. Discussed over the phone;
c. Displayed or discussed in an off site situation.
15. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the Goods in our website or any on sales printed literature does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, over the phone or face to face in an off site contract, we can reject it for any reason, although we will try to tell you the reason without delay.
19. When placing an order it is your responsibility to check and amend any errors.
a. The Order process is set out on the Website. Each step allows you to check that you have used the ordering process correctly before submitting the Order.
b. When placing an order over the phone ask the representative of YatesMakes Ltd to repeat back to you the description and numbers of goods you are ordering.
c. When placing an order in an off site face to face situation, check that the goods and numbers written on the order form are correct before signing.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can
be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as
a Consumer. If you are a business, or a representative of a business, then you need to agree to our Terms and Conditions for the Sale of Goods to Business Customers.
Price and Payment
23. The price of the goods and any additional delivery or other charges is that set out on the website at the date of the Order or such price as we may agree in writing.
24. Whether you are buying via the website, over the phone, or in a face to face off premises contract situation, you must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
25. We currently cannot allow collection of the Goods from our premises.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return
all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit
would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern
Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other
genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer
collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered
to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
39. These terms and conditions apply to distance contracts and off premises contracts (as defined below) which have the cancellation rights (Cancellation Rights) set out below.
40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. If you assemble the flat packed goods, you have accepted them. Carefully inspect the
goods before assembling.
b. in the case of any sales contract, if the goods become mixed inseparably (according to
their nature) with other items after delivery.
Right to cancel
41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
44. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.haydownfeeders.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
45. To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments
received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if
the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
48. If we have not offered to collect the Goods, we will make the reimbursement without undue
delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 7 Sutherland Street, Sheffield, S. Yorkshire, S4 7WG without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. off premises contract. YatesMakes may use three types of these contracts:
b. i. A contract made where a consumer and trader are together and agree the contract in a place that is not the trader's business premises - for example, in a consumer's home or place of work.
b. ii. A contract that is agreed through any means of distance communication, via the website or a phone call, immediately after a meeting with a consumer in a place that is not the trader's business premises.
c. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
53. We have a legal duty to supply the Goods in conformity with the Contract and will not
have conformed if it does not meet the following obligation.
54. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the
Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
55. It is not a failure to conform if the failure has its origin in your materials.
56. We will immediately, or within a reasonable time, give you the benefit of our free guarantee as manufacturer of the Goods. Details of the guarantee, including the duration and territorial scope of the guarantee, are set out in the guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights.
Circumstances beyond the control of either party
57. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party
will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Privacy
58. Your privacy is critical to us. We respect your privacy and comply with the General Data
Protection Regulation with regard to your personal information.
59. These Terms and Conditions should be read alongside, and are in addition to our policies,
including our privacy policy (www.haydownfeeders.com/legal-stuff/privacy-policy) and cookies policy (www.haydownfeeders.com/legal-stuff/cookie-policy).
60. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
61. We are a Data Controller of the Personal Data we Process in providing Goods to you.
62. Where you supply Personal Data to us so we can provide Goods to you, and we Process that
Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which
information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is
secure.
63. For any enquiries or complaints regarding data privacy, you can e-mail: info@yatesmakes.uk.
Excluding liability
64. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business,
trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
67. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Attribution
68. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
Model cancellation Form
To: YatesMakes Limited
Office B5 1st Floor
62 Market Street
Eckington
Sheffield
S21 4JH
Email address: info@yatesmakes.uk
Telephone number: 07398253089
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,
Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s)
(only if this form is notified on paper)
Date
[*] Delete as appropriate.
TERMS AND CONDITIONS FOR THE SALE OF GOODS TO BUSINESS CUSTOMERS
Application and entire agreement
1. These Terms and Conditions will apply to the purchase of goods (Goods) by the buyer (you or Customer) from YatesMakes Limited a company registered in England and Wales under number 13404919 whose registered office is at Office B5 1st Floor, 62 Market Street, Eckington, Sheffield, S21 4JH (we or us or Supplier).
2. These Terms and Conditions will be deemed to have been accepted by you and will constitute the entire agreement between us and you, when you accept them by either:
a. If buying via the website, clicking the tick button on the payment page of the website marked “I am a business customer and I accept these terms and conditions for the sale of goods to business customers”;
b. If buying over the phone, you verbally state your acceptance of these terms and conditions having been told of the opportunity to read them on the website. You will receive an emailed copy of your order including a copy of the term and conditions
c. If buying in a face to face off premises situation, such as on your premises, by ticking an acceptance box on an order form and signing that order form, having been given an opportunity to read our terms and conditions printed on the back of the order from. You will receive an emailed copy of the order form including a copy of the terms and conditions.
3. These Terms and Conditions apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. We intend that these Terms and Conditions apply only to a Contract entered into by you as a business customer. If you are a consumer, meaning you are an individual not business or a representative of a business, then you need to agree to our Terms and Conditions for the Sale of Goods to Consumers.
A copy of the term and conditions will be included with email order confirmations and invoices.
Interpretation
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these terms and conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.
Goods
7. The description of the Goods is set out in our sales documentation. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
8. We can make any changes to the specification of the Goods which are required to conform to
any applicable safety or other statutory or regulatory requirements.
Price
9. The price (Price) of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
11. Any increase in the Price under the clause above will only take place after we have told you about it.
12. The Price is exclusive of fees for packaging and transportation / delivery.
13. The price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and alteration
14. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
Payment
15. If you are buying up to and including 5 Goods items, whether you are buying via the website, over the phone, or in a face to face off premises contract situation, e.g. at your premises, you must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
16. If you are buying 6 or more Goods items;
a. You can pay the full Price by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
b. Or you can contact us and we will invoice you for the full Price. You must pay 50% of the full price when you receive our invoice by submitting your credit or debit card details and we can take this 50% payment immediately or otherwise before delivery of the goods. You must pay the remaining 50% of the full Price before the Goods will be delivered. We will inform you when the goods are ready for delivery. If you are unable to make the final payment when the goods are ready for delivery, you must complete the payment no later than 30 days after the date of our invoice, we will then deliver the goods.
17. You must make payment even if delivery has not taken place and the title in the Goods has not passed to you.
18. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
19. Time for payment will be of the essence of the Contract between us and you.
20. All payments must be made in British Pounds unless otherwise agreed in writing between us.
21. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Delivery
22. We currently cannot allow collection of the Goods from our premises.
23. We will arrange for the delivery of the Goods to the address specified in your order or to another location we agree in writing.
24. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
25. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
b. make arrangements for the redelivery of the Goods and will charge you for the costs
of such redelivery; and/or
c. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
26. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
27. We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.
Inspection and acceptance of Goods
28. You must inspect the Goods on delivery.
29. If you identify any damages or shortages, you must inform us in writing within 14 days of delivery, providing details.
30. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
31. Subject to your compliance with this clause and/or our agreement, you may return the Goods
and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
32. We will be under no liability or further obligation in relation to the Goods if:
a. if you fail to provide notice as set above; and/or
b. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
c. the defect arises because you did not follow our oral or written instructions about the
storage, commissioning, installation, use and maintenance of the Goods; and/or
d. the defect arises from normal wear and tear of the Goods; and/or
e. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
33. You bear the risk and cost of returning the Goods.
34. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 15 days after delivery.
35. If you assemble the flat packed goods, you have accepted them. Carefully inspect the
goods before assembling.
Risk and title
36. The risk in the Goods will pass to you on completion of delivery.
37. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
Termination
38. We can terminate the sale of Goods under the Contract where:
a. you commit a material breach of your obligations under these Terms and Conditions;
b. you are or become or, in our reasonable opinion, are about to become the subject of a
bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
c. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
d. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation,
have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule
B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
Limitation of liability
39. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
40. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
41. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
42. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
43. We will not be liable (whether caused by our employees, agents or otherwise) in connection
with the Goods, for:
a. any indirect, special or consequential loss, damage, costs, or expenses; and/or
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
c. any failure to perform any of our obligations if such delay or failure is due to any cause
beyond our reasonable control; and/or
d. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e. any loss relating to the choice of the Goods and how they will meet your purpose or the
use by you of the Goods supplied.
49. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
Communications
50. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
51. Notices will be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return
receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
52. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Data protection
53. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
54. The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
55. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
56. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
57. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
58. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection
Policy, which can be found . For any enquiries or complaints regarding data privacy, you can e-mail: .
Circumstances beyond the control of either party
44. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
No Waiver
45. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a
waiver of any subsequent breach of the same or any other provision.
Severance
46. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
47. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
