Please read the following important terms and conditions to ensure they meet with your expectations.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund, however due to the nature of the goods that you are buying from us being bespoke and made to your specification, you will not be able to cancel this contract once you have entered into it. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
In this contract:
If you buy Goods from us you agree to be legally bound by this contract.
These terms and conditions and the Order(s) shall form the contract between you and us to the exclusion of all other terms and conditions and no variation to these terms and conditions shall be binding unless agreed in writing and signed by us. These terms and conditions and the Order(s) shall constitute the entire agreement between us and supersedes any previous agreements, understandings and arrangement between us, whether in writing or oral, and any claim(s) made shall not be entertained unless such claim relates to the written agreement between us.
Information we give you
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Some of this information is also set out in this contract, such as information on our complaint handling policy (see clause 14).
We will give you information on:
The key information we give you by law forms part of this contract (as though it is set out in full here).
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Your privacy and personal information
Ordering Goods from us
Below, we set out how a legally binding contract between you and us is made:
Any Order given by us before you make an order for Goods is not a binding offer by us to supply such Goods.
When you decide to place an order for Goods whether online or in person with us, this is when you offer to buy such Goods from us.
When you place your Order with us, we may acknowledge it in person or in writing or via email. This acknowledgement does not, however, mean that your Order has been accepted.
We may contact you to say that we do not accept your Order. If we do this, we will try to tell you promptly why we do not accept your Order.
We will only accept your Order when we confirm this to you in writing. At this point:
Where you place an Order online, please check the Order carefully before confirming it. You are responsible for ensuring that your Order and any specification submitted by you is complete and accurate.
Due to the bespoke nature of our Goods, we require you to sign the final agreed specifications and drawings for your Goods before we commence manufacture of those Goods for you. By signing the final agreed specifications and drawings for your Goods which shall be sent to you in electronic format unless requested otherwise, you are acknowledging that you accept these specifications and designs and these represent what you are ordering from us.
Should you decide to vary any such design or specification after signature of the final agreed specifications and drawings, we reserve the right to revise the Price in light of the change(s) and we must have your agreement to such change(s) before we will proceed with the production of the changed Goods for you. If we cannot reach agreement on the revised Price within 14 days of you requesting the change, we have the right to reject your proposed changes and to supply the Goods as detailed on the signed final agreed specifications and drawings and you will remain responsible to pay the Price for the same.
We reserve the right to make changes to the design or specification of your Goods which are required to conform with any applicable safety or legal requirements or which do not materially change the quality or performance of the Goods.
We are the owner of, or have been granted a license to use, the intellectual property rights (including copyright) in relation to the Goods and any other works generated in relation to the Goods, and our designs, packaging and literature shall remain our property and we shall not be liable for use of the Goods for any purpose other than that for which it was produced.
If a claim is made by a third party against you that the Goods, where such Goods are manufactured from our designs, infringe their intellectual property rights:
we must be given full control of any proceedings in connection with any such claim;
you must provide us with all reasonable assistance we may require;
you must not pay or accept any such claim or deal in the proceedings without our prior approval;
you must not do anything which may invalidate any insurance policy in place in relation to such infringement; and
we shall be entitled to the benefit of, and you shall account to us for, all damages and costs (if any) awarded in your favour which are payable by the other party in respect of such claim.
We are the owner of the intellectual property rights within our company name, company logo and product names and you must not use, nor allow a third party to use, such company name, company logo or product names without our prior written consent and you shall indemnify us for any losses incurred as a result of your failure to comply with this clause 5.3.
Where you have instructed us to produce the Goods to your personal specification, you warrant that you own or are licensed to use the intellectual property within all designs provided to us and you shall indemnify us against any costs, claims or losses for breach of any third party intellectual property rights.
Your right to cancel this contract
If the Goods you are buying from us are bespoke and are being made to your specifications, you do not have the right to cancel this contract once you have entered into it.
If you decide to cancel this contract once you have entered into it, the following charges shall be retained by us:
where cancellation is notified prior to us starting production of the Goods, we shall be entitled to retain the deposit payable in accordance with clause 9.2.1;
where cancellation is notified after we have started production of the Goods, we shall be entitled to retain 100% of the Price.
We may, at our sole discretion, allow you to cancel this contract and accept return of the Goods. On such occasions you shall be solely responsible for the safe return of the Goods to us (in the same condition as these were delivered to you) and any handling or restocking charges payable. We shall determine, at our sole discretion, whether to accept the returned Goods.
Our Right to Cancel this contract
We may cancel this contract for any reason, prior to us commencing the manufacture of your Goods without any liability to you, other than to reimburse you in accordance with clause 7.3 below.
If we cancel this contract in accordance with clause 7.1, we will reimburse to you all payments received from you, including any deposit.
We will make any reimbursement due in accordance with clause 7.2 without undue delay, and not later than 14 days after we have cancelled this contract.
We will make any reimbursement due in accordance with clause 7.2 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.
Without prejudice to any other right or remedy available to us we shall be entitled to cancel this contract or suspend our work on manufacturing or supplying your Goods if you become bankrupt or make any voluntary arrangement with your creditors.
We will arrange a date or dates with you, on which to deliver the Goods that you have ordered.
Any delivery dates agreed with you at clause 8.1 are an estimate only, we cannot provide any guarantee as regards delivery dates and any such dates shall not be of the essence.
If something happens which:
is outside of our control (a ‘Force Majeure Event’), and
affects the estimated date of delivery
we will let you have a revised estimated date for delivery of the Goods.
We shall not be liable if we are delayed in or prevented from performing our obligations under this contract due to a Force Majeure Event. If, due to a Force Majeure Event, we are delayed in or prevented from performing our obligations for a continuous period of 90 days, either you or us may cancel this contract.
We are not liable for any delay to the delivery of your Goods, non-delivery, shortage or damage during transit, if such delay, non-delivery, shortage or damage is caused by you, any other contractor working at the property that are to install the Goods or any other third party. Where appropriate, we shall provide reasonable assistance should you wish to pursue the carrier for any delay, non-delivery, shortage or damage during transit.
Delivery of the Goods will take place when we deliver them to the address that you gave to us. Delivery will be made to the kerbside at the address that you gave to us. We shall not be responsible for moving Goods onto site or to any property at such address and you must acknowledge receipt of the Goods and your responsibility for them in accordance with clause 8.10 by signing the delivery notice.
If nobody is available to take delivery, please contact us using the contact details at the top of this page.
If you fail to take delivery of the Goods on the date we agree with you and you have not previously instructed us in writing to store the Goods on your behalf, then without prejudice to any other right or remedy available to us we may:
store the Goods until actual delivery and charge you for the reasonable costs (including transportation and insurance) of storage and all reasonable labour costs incurred by us; and/or
sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses and all other reasonable costs incurred by us) account to you for any excess over the Price or charge you for any shortfall below the Price.
We are entitled to deliver the Goods to you in instalments of any size and in any order although we shall use our reasonable endeavours to deliver the Goods on dates as close to each other as possible.
You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you when you take possession of the Goods.
Notwithstanding the delivery and passing of risk in the Goods, title in the Goods shall not pass to you until we receive payment of the Price in full in cleared funds. In other words, you will not own the Goods until you have paid the Price to us in full. Until such time as payment has been received and title in the Goods has passed to you, you shall maintain the Goods in a satisfactory condition, kept separate from any goods of yours or third parties, and insured with a reputable insurer. If you fail to make payment we shall be entitled to return to the premises where the Goods are stored and repossess the Goods.
Subject to the agreed payment terms, until such time as title in the Goods has passed to you:
you shall hold the Goods on trust for us and, where you sell the Goods before title has passed to you, you shall hold any proceeds of sale on trust for us;
we shall remain entitled to request return of the Goods at any time. Where you fail to do so, we shall be entitled to enter the property where the Goods are stored and repossess the Goods and where we deem necessary, dispose, sell or repurpose the Goods as we deem appropriate;
you shall not be entitled to secure the Goods by way of a charge, mortgage, encumbrance, lien, pledge or other form of security; and
where we store or transport the Goods on your behalf we do so at your risk and shall have no liability to you or any other party for loss or damage caused whether caused by negligence or otherwise.
Any claim for non-delivery of missing items from the Order must be notified to us within 3 working days following delivery.
Where we are to organise transit or carriage and/or arrange for insurance for the Goods in transit, we shall be deemed to be acting as your agent and the provisions of sub-sections (2) and (3) of Section 32 Sale of Goods Act 1979 shall not apply.
You agree to pay to us the Price detailed in the Orders.
You must make payment of the Price by the dates and in accordance with the payment instalments as follows unless agreed otherwise by us in writing:
30% of the Price (unless agreed otherwise by us in writing) shall be payable upon acceptance of the Order by us and is non-refundable. Manufacture of the Goods shall not commence until payment of the 30% has been made; and
the remaining balance of the Price shall be payable five working days prior to delivery of the Goods, unless otherwise agreed in writing and delivery shall not be made until cleared funds of the remaining balance have reached our bank account or, in relation to international sales, payment has been secured by an irrevocable letter of credit issued and verified by a bank registered in England or Wales, if applicable.
We accept payment by cash, cheques and bank transfer.
is in pounds sterling (£)(GBP);
relates to supply only;
excludes VAT at the applicable rate which shall be payable in addition to the Price;
excludes the cost of delivering the Goods to you which will be calculated accordingly and detailed separately on the invoice.
After commencement of the manufacture of the Goods for you but prior to delivery, we reserve the right to review, and where necessary revise, the Price as detailed within the Order. This may occur for a number of reasons, including:
the complexity or extent of the Goods required changes from what we and you agreed before commencement of the manufacture of the Goods, and either you have instructed such changes or such changes were not reasonably foreseeable from the outset; or
the third party supplier costs to be able to provide the Goods to you, increases for whatever reason after we have agreed the Price with you.
We reserve the right to suspend work on manufacturing your Goods or withhold them from delivery if you have not paid an instalment of the Price by the due date for payment. If we do suspend work or delivery, we shall recommence work once payment of the overdue amount is made in full.
We are not liable for any delay to the delivery of your Goods if such delay is caused by any suspension in accordance with clause 9.6.
If you fail to make payment of any instalment of the Price by the due date for payment then without prejudice to any other right or remedy available to us we shall be entitled to:
cancel this contract; and/or
charge you interest at the rate of 3% per annum above the Barclays Bank Plc base rate from time to time until payment of the overdue amount is made in full, such interest to accrue on a daily basis.
Nature of the Goods
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the Goods:
are of satisfactory quality;
are fit for purpose;
match any description or sample;
are installed properly.
We must provide you with Goods that comply with your legal rights.
If we can’t supply certain Goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
we will let you know if we intend to do this but this may not always be possible;
you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
You acknowledge that:
all sizes, colours, finishes and any other descriptions or specifications published in any brochures, promotional or other medium including on our website are for illustrative purposes only and we cannot guarantee that a device’s display of the colours and finishes accurately reflects the colour or finish of the Goods, and slight deviations within accepted tolerances shall not entitle you to cancel this contract, return Goods or request a refund;
we will use our reasonable endeavours to ensure that material colours and components of differing types will be matched as accurately as possible but we cannot provide any guarantee in this respect. However, you recognise that variations do occur in manufacturing batches and can result in variances in colours or finishes;
you are responsible for any specific materials requested and ensuring compliance with all statutory requirements and third party rights in connection with the siting, installation, erection and use of the Goods;
if we are supplying the Goods to measurements you have given us you are responsible for ensuring that these measurements are correct and we shall have no responsibility for incorrect measurements and any costs or losses incurred as a result of any required alterations. Should you have any questions regarding measurements, you must seek advice from us prior to any manufacture;
you shall be responsible for determining the Goods’ suitability, quality, and fitness for purpose irrespective of any specification or statements given by us;
Goods are supplied on the condition that you undertake to take notice of and comply with (and draw to third parties’ attention and require them to take notice of and comply with) all instructions and recommendations issued with or relating to the Goods, and all reasonable and prudent precautions as to installation, use, maintenance, cleaning and otherwise. For the avoidance of doubt, where the Goods comprise internal or external balustrades, you shall be responsible for ensuring that such Goods are properly installed by a qualified individual;
where the finishes or colours requested by you are outside of our standard range, you must provide to us the RAL reference for the finish and/or colour requested in writing and we must acknowledge in writing that this request can be supplied;
where the Goods comprise internal or external LED lighting or electrical connections, you shall be responsible for ensuring that such equipment is properly installed by a qualified electrician and that such electrician is party to our instructions for such lighting. We shall not be liable for any loss or damage, whether yours or a third party’s, which arises from the installation and/or use of such equipment;
if or where we recommend to you an installation for the Good(s), such recommendation does not infer a relationship, partnership or joint venture with the installer, nor do we guarantee the suitability of the installation and we shall not be liable to you or any third party for any installation services carried out by the installer. You, your engineer or your installer shall be responsible for ensuring the suitability of the supporting structure in light of the load of the Goods, including any applicable steelwork structure;
should you request us to undertake an inspection of the installation of the Good(s) at the premises, we shall be entitled to charge a reasonable cost for undertaking such inspection on your behalf; and
where applicable, you shall be exclusively responsible for (and shall indemnify us against) all customs duties and other importation or exportation costs of the Goods together with obtaining all licenses relevant to the sale and delivery of and payment for the Goods and shall indemnify us in respect of the same
Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights.
Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
You shall have 14 days following delivery to inspect the Goods. If any of the Goods are not in compliance with the relevant Order or with any term of these terms and conditions, the provision of clause 11.4 shall apply. We recommend you do not organise installation until the Goods have been delivered and an inspection has been undertaken.
Please contact us using the contact details at the top of this page, if you want:
us to repair any Goods;
us to replace any Goods;
a price reduction; or
We guarantee any Good(s) that we supply for you for 12 months from the date of delivery. If any of the Good(s) that we have supplied for you develop a defect or fault within this period, please contact us in order that we can repair or replace the affected Good(s) provided you:
provide us with sufficient information as to the nature and extent of the defects and the uses to which the Goods had been put prior to the defect arising;
give us a reasonable opportunity to examine the defective Goods; and
return the defective Goods to us at your expense.
Our guarantee at clause 11.5 will not apply and we shall reserve the right to charge for any repair of, or be entitled to refuse to repair or replace, any Good(s) if the defect or fault with the Good(s) in question is caused as a result of:
fair wear and tear;
any improper use of the Good(s);
wilful damage or negligence caused by you or the user of the Good(s);
the Goods having been altered from the original specification;
the Goods having been dismantled or repaired by you or repairs have been attempted other than by us or a party authorised by us;
any drawing, design or specification supplied by you; and/or
any structural defect existing in the premises at which the Goods are installed which would not have been reasonably apparent upon our initial acceptance of the Order.
End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
Limit on our responsibility to you
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury resulting from our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
losses to non-consumers;
We shall not be liable for any delay in performing our obligations or any failure to perform our obligations due to any event beyond our reasonable control.
Subject to Clause 13.1, where you carry out or procure installation of any of the Goods, we shall not be liable to you or any third party for any loss or damage which arises from the installation and/or use of such Goods.
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
our service to you generally;
any other matter;
please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
let you know that we cannot settle the dispute with you; and
give you certain information required by law about our alternative dispute resolution provider.
If you want to take court proceedings, the relevant courts of the relevant part of the United Kingdom where you live will have non-exclusive jurisdiction in relation to this contract.
The laws of England and Wales will apply to this contract.
Third party rights
You shall not be allowed to assign, subcontract or encumber any right or obligation under these terms and conditions or the Order, in whole or in part, without our prior written consent.