TERMS AND CONDITIONS FOR THE SALE OF GOODS
BACKGROUND:
These Terms and Conditions are the standard terms for the sale of goods by Deluxe Ideas LTD TA Doors4UK x Turen Shop a private limited company registered in England under number 08554040 whose registered address is 16 Appleby Drive, Croxley Green, WD3 3FP.
These Terms and Conditions are the standard terms for the sale of goods by Deluxe Ideas LTD TA Doors4UK x Turen Shop a private limited company registered in England under number 08554040 whose registered address is 16 Appleby Drive, Croxley Green, WD3 3FP.
- 1 Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” | means, any day other than a Saturday, Sunday or bank holiday; |
“Calendar Day” | means any day of the year; |
“Contract” | means the agreement for the purchase and sale of Goods and Services, as explained in Clause 3; |
“Goods” | means the bespoke Goods more particularly internal doors and door finishing which are to be supplied by Us to You as specified in Your Final Quotation; |
“Services” | means the site survey, the transport of the Goods, the fitting of the Goods, the removal and disposal of old doors, frames and accessories, or any other work that need to be carried out in relation to the installation of the Goods provided and agreed in advance between Us and You; |
“Month” | means a calendar month; |
“Price” | means the price payable for the Goods and Services; |
“Special Price” | means a special offer price payable for Goods and Services which We may offer from time to time; |
“Quotation” | means a formal statement setting out the estimated cost for Goods and Services offered by Us to You; |
“Final Quotation” | means the last quotation replacing any previous quotations signed/accepted by You containing all final measurements of the structural opening dimensions and/or measurements of the Goods and Services. These Terms and Conditions of Sale are incorporated into the Final Quotation; |
“Order” | means the validation through payment of the Final Quotation; |
“Confirmation” |
means acceptance through an automated system of the Quotation; |
“Proforma Invoice” | means the payment notification for the amounts specified in the Order/Final Quotation. Total payable, when and how and any other details of the transaction. |
“We/Us/Our” | means Deluxe Ideas LTD TA Doors4UK x Turen Shop a private limited company registered in England under number 08554040 whose registered address is 16 Appleby Drive, Croxley Green, WD3 3FP. |
“You” | A Consumer who is a customer of Deluxe Ideas LTD TA Doors4UK x Turen Shop. A Consumer means a “Consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of Deluxe Ideas LTD TA Doors4UK x Turen Shop who makes a purchase throughout the Final Quotation for their personal use and for purposes wholly or mainly outside the purposes of any Business. |
- Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
- Information About Us
- Deluxe Ideas LTD TA Doors4UK x Turen Shop a private limited company registered in England under number 08554040 whose registered address is 16 Appleby Drive, Croxley Green, WD3 3FP.
- Our VAT number is GB168897139.
- The Sales Process and Contract
- Initially, We will send You a Quotation for the goods. If You agree with the Quotation You will receive the Final Quotation for You to approve and sign where directed.
- You will pay the amount stated in the Proforma Invoice via the method provided as specified in Clause 6.
- Your signature and acceptance of the Final Quotation create a contract between You and Us. These Terms and Conditions govern the sale of Goods by Us and will form the basis of the Contract between Us and You. The Final Quotation and any further Final Quotations are incorporated by reference into these Terms and Conditions.
- Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your signed Final Quotation constitutes a contractual offer that We may, at Our discretion, accept.
- We shall ensure that the following information is given or made available to You prior to the formation of the Contract between Us and You, save for where such information is already apparent from the context of the transaction:
- The main characteristics of the Goods;
- Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);
- The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
- Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
- Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
- Our complaints handling policy;
- We shall ensure that You are aware of Our legal duty to supply goods that are in conformity with the Contract;
- Where applicable, details of after-sales services and commercial guarantees and warranties.
- Description and Specification of Goods
- We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople. We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and or differences in the colour reproduction of electronic displays.
- If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, You have received the wrong Goods, We may replace those Goods as provided in Clause 8. If, as a result of any such error or omission, You have paid too much, We will refund the excess paid for the Goods.
- We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
- All of Our Goods are bespoke and made to measure. If You Order bespoke Goods from Us, We will produce and or alter those Goods to your specifications and requirements.
- When placing an Order for bespoke Goods, please ensure that all information that You provide to Us is correct, accurate and complete. We cannot accept the return or replacement of any bespoke Goods if the return is due to incorrect information provided by You. Where the Final Quotation is based on Your measurements, We are not responsible for any wrong measurements received from You. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).
- Orders
- All Orders for Goods made by You will be subject to these Terms and Conditions. Any Order where You elect to have the Goods fitted by a third-party fitter of your own choice is possible, but We will only correspond with You via email, including technical details and fitting instructions.
- Generally, We cannot accept changes to Goods after the acceptance of the Final Quotation as they are bespoke Goods. We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work and this is purely at Our discretion.
- If your Order is changed, We will inform You of any change to the Price in writing. Any request of changes made by You, which We accept, might be subject to a changing fee.
- You cannot cancel an Order for bespoke Goods (unless You are cancelling under sub-Clause 11.2.5 due to an event outside of Our control). We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods. If You request that your Order be cancelled, You must confirm this cancellation in writing. You also acknowledge and accept that you will forfeit any deposit and this will not be refunded. Where Goods are already in production you remain liable for all costs including fitting and delivery due to the bespoke nature of the Goods.
- We may cancel your Order at any time before We despatch the Goods in the following circumstances:
- The raw materials are no longer in stock and We are unable to re-stock (if, for example, the raw materials are discontinued); or
- An event outside of Our control continues for more than 30 days (please see Clause 11 for events outside of Our control).
- Due to the bespoke nature of the Goods, if We cancel your Order under sub-Clause 5.5 and You have already paid for the Goods under Clause 6, full payment will be refunded to You within 30 days. In certain circumstances, We might retain part of the payment and this will be communicated to You.
- Due to the nature of the bespoke Goods where You cancel the order pending sign off Final Quotation, we will retain some of the payment up to 50% to cover administration costs and this will be communicated to You.
- Price, Deposit and Payment
- The Price of the Goods will be shown in the Final Quotation or other price details in force at the time of your Order. If the Price shown in Your Final Quotation differs from Our current Price We will inform You upon receipt of your Order. A deposit (including VAT) will be laid down in the Proforma Invoice. Deposits are payable within 5 days of invoice. Failure to pay within this period renders the Order void.
- If We quote a Special Price that is different to the Price shown in Our current price lists, the Special Price will be valid for 14 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders paid for during this period will be accepted at the Special Price even if You do not place the Order until after the period has expired.
- Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
- Following payment of the deposit, the final balance must be cleared at least 21 days prior to the agreed delivery. All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.
- All payments for Goods and Services must be made in advance before We can despatch the Goods to You. Failure to make payment within 30 days renders the Order void and You are still liable for the final payment as stated in Clause 5.4.
- We accept the following methods of payment:
- Bank Transfer (BACS);
- Chip and PIN for VISA and MasterCard cards;
- Over-the-phone payments for VISA and MasterCard cards;
- Cash payments of £3,000.00 maximum value of the Order;
- If You do not make payment to Us by the due date as shown on the Proforma Invoice or invoice We may charge You interest on the overdue sum at the rate of 12% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
- The provisions of sub-Clause 6.8 will not apply if You have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
- Manufacturing, Delivery, Ownership, Risk and Fitting
- Delivery charges may apply and will be advised to You and form part of the Final Quotation. Deliveries are made Worldwide. Time shall not be of the essence in relation to delivery and We do not assume consequential loss. Delivery takes three different forms which are set out at Schedule 1 Part A.
- When We provide You with a Confirmation, We will provide an estimated manufacturing date. Please note that estimated manufacturing dates may vary according to the availability of raw materials, production flow, and circumstances beyond Our control. These estimated delivery dates will be given after the manufacturing process is complete. The estimated delivery dates might vary according to your location and the total volume of the order. Unless agreed otherwise, the Goods will be delivered without undue delay. The time or date on which the Goods will be delivered depends on the type of Goods ordered and is calculated based on the lead time given by the manufacturer and You will be notified accordingly. When the delays from the manufacturer occur, You will be notified in writing with a notification received from the manufacturer. From the moment the Goods are in Our warehouse, You should be ready to receive the delivery at a mutually agreed date and time to be agreed but no later than 7 days from arrival. The Goods will be stored in Our premises for no longer than 7 days. Any failure on Your part to accept the delivery within this time frame will result in storage costs being charged to You.
- If You indicate in your Order that You wish to collect the Goods from Us yourself You may do so after receiving Our arrival Confirmation, during Our business hours of 9am to 5pm. The Goods will be stored in Our premises for no longer than 7 days. Goods will not be stored on Our premises for an unlimited period.
- Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in Your Final Quotation and You (or someone identified by You) have taken physical possession of the Goods or if You are collecting the Goods from Us yourself when You have collected the Goods.
- If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing You that the Goods have been returned to Our premises, requesting that You contact Us to arrange re-delivery, which comes with a re-delivery charge.
- The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to You, or the collection of the goods by You. Please note, however, that if You do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to You as soon as they are passed to your chosen carrier. Once risk passes We advise You to make your own insurance arrangements.
- You own the Goods once We have received full payment in full for them.
- Please note that delivery to some areas may require more time.
- Delays in delivery do occur. If the delay is caused by a Force Majeure event as laid down in clause 11 then We are not liable for any consequential loss. However, if the delay is down to a fault generated by Us we agree to pay a penalty to You of 0.1% (value of the Final Quotation) per day of delay. On occasion, delays are caused by manufacturing faults or failure to pass quality control checks. Delays occur if there is damage from third party transport operators. These must be rectified causing a delay which We are not liable for. Any liability falls to the manufacturer or third-party operator and not Us. We are not responsible for any consequential loss generated by delays in delivery, delivering of wrong items or delivering of faulty items.
- If a delay does occur, You may not treat the Contract as being at an end. Instead, We will specify a new delivery time or time period.
- The fitting can be provided by Us at your request or by a third party of your own choice. Where You elect to use Our fitting service, we draw your attention to the various obligations laid down at Part B of Schedule 1 to these Terms and Conditions. Where You elect to use a third party of your own choice, We ask that You reference Part C of Schedule 1.
- You must sign all delivery and fitting paperwork otherwise any warranty will be declared void and You lose any right to make any claim about the Goods received.
- We offer a site survey if required at Your property once all building works and opening alterations have been completed. The site survey is purely for taking measurements and advice if any alterations need to be made to accommodate the Goods. We assume responsibility for all measurements, and these will be stated in Your Final Quotation. HOWEVER, where You carry out your own site survey and provide Us with measurements You assume responsibility for the measurements and no liability falls on Us.
- The engineer attending the site cannot give any recommendations regarding any authorisations that You might need. You need to enquire with local authorities and they will be able to advise if the product requires certain specifications. It is Your obligation to inform Us about any authorisations, requirements necessary to the products purchased from Us.
- The final measurements will be marked up via the Final Quotation and it will be made clear which party has provided them. In case any building works or wall alterations are needed after the site survey was carried by Us, then is Your responsibility that all the construction works and modifications of the openings/walls where the Goods will be installed are made following the specifications from the technical information provided by Us. When existing walls are in place when We carry the site survey, We inspect these walls only visually. We cannot assume responsibility that the walls are suitable for holding the doors in position if the composition of the walls is not exposed. The responsibility falls on You to ensure that the walls are suitable to carry the weight of the doors and can ensure their functionality.
- Faulty, Damaged or Incorrect Goods
- By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that You have seen or examined (unless We have made You aware of any differences. If any Goods You have purchased do not comply and, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, please Contact Us within 24 hours from receiving the Goods to inform us of the fault, damage or error, and to arrange for repair or replacement. Please note that if the Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in sub-Clause 4.6, You will not be able to return/replace those Goods.
- The replacement of wrongly ordered or arrived damaged Goods will be made exclusive for the specific Goods, not the entire order and with a similar manufacturing lead time as initially given.
- We cannot accept returns for any other reason other than those stated at 8.1 due to the custom made/bespoke element.
- Returning Goods If You Change Your Mind
- You cannot return bespoke Goods if you change your mind.
- Bespoke Goods are Goods that We have produced or altered, made to measure (glass, wood, sliding mechanisms, frames and the like).
- Our Liability
- We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- We shall be liable for any direct losses under this Contract and We shall not be responsible for any indirect or consequential loss.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disasters, pandemic and Government restrictions, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform You as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 6 months We will cancel the Contract and inform You of the cancellation. Any refunds (made at Our discretion) due to You as a result of that cancellation will be paid to You as soon as is reasonably possible;
- If an event outside of Our control occurs and You wish to cancel the Contract, You may do so in accordance with your right to cancel under sub-Clause 5.4 above.
- Communication and Contact Details
- If You wish to contact Us, You may do so by telephone at 0203 857 8020 or by email at doors4uk@turen.shop
- In certain circumstances, You must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing You may use the following methods:
- Contact Us by email at doors4uk@turen.shop; or
- Contact Us by pre-paid post at Deluxe Ideas LTD TA Doors4UK x Turen Shop, 16 Appleby Drive, Croxley Green, WD3 3FP
- Complaints and Feedback and Warranty
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
- If You wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
- In writing;
- By email;
- By telephone on 0203 857 8020.
- The Goods need to be used and installed accordingly to the technical specifications given to You. The maintenance of the Goods needs to be made with house cleaning products without any strong acid or bleach. The operation of the Goods needs to be made without any excessive force and with ample space. In cases where large items are blocking the opening space of the Goods, a proper door stopper needs to be fitted, to avoid accidental damages. The Goods cannot be altered by fixing hanging hooks or any other items which can modify their weight or can damage their structure. Fixing of extra locks, air vents or any accessories needs to be made by qualified personnel, otherwise, the warranty will be voided.
- The warranty is non-transferable unless agreed with Us.
- The warranty is activated on delivery of the Goods and does not cover damage by third party transporters.
- The warranty runs for a 1 year period unless You pay for an extended warranty as negotiated with us. Different warranties cover doors and casings so please check.
- The warranty does not cover normal wear and tear including discolouration, exposure to sunlight, use of cleaning materials.
- The warranty does not cover damages or problems with functionality where there are structural changes in walls where fitted.
- The warranty does not cover faults resulting from external influences such as fire, water, salts, alkaline solutions or strong acid.
- The warranty does not cover faults from abnormal environmental influences such as prolonged temperature differences on either side of the doors (more than 15 °C), high humidity areas or areas with higher-than-average levels of vibrations. The warranty is active for those Goods in that type of area only if You are purchasing the recommended type of doors for each specific class.
- When You are purchasing fitting service together with the items purchased from Us, the workmanship is covered by the workmanship warranty, not by the product warranty. In case faults appear during or after the fitting because of the fitting, We will try to understand to do everything necessary to remedy the defects in a satisfactory manner. If a replacement is needed because of damages that occurred during fitting, the claim will be made against the liability insurance of the company, not against the warranty of the product.
- In case of a fault, You need to protect or in some cases, even stop using the door until Our staff is attending to fix the fault. Faults that occurred by the usage of a faulty door will not be covered by the warranty.
- No consequential fault or losses will be covered by this warranty.
- To avoid misunderstandings when You make a warranty claim, You must give detailed and complete information regarding the fault, in order to establish if it is a warranty fault or a wrong usage of goods.
- If the nature of the fault cannot be determined by verbal or written correspondence, Our engineer will establish a visit to the site in order to decide the origin of the fault and how it can be repaired. You need to pay an engineer call out charge prior to the visit, but in case that is a warranty fault, the money will be fully refunded.
- If You, knowing or unknowing send incomplete information and the fault is being considered a warranty issue and when the fitting team comes in site for repairs they find out that it is not a warranty issue, You have to pay a fitting call out charge, without the fitting team to be compelled to do the reparations.
- If You refuse to pay the call-out charge, then the warranty will be void for the entire contract, and We reserve the right to act legally against You to recover the money owed.
- For repairs or replacements under warranty, You have to be sympathetic with the situation and to understand that We will repair or replace the Goods, but We cannot impose a time frame and need to understand that We need to avoid any financial loss occurred by individual trips, specific access hours or personalised requests from You.
- Items with small transport faults will be repaired on the site in a satisfactory manner under warranty, to avoid future financial losses generated by reordering the item and/or repeated trips for collecting, delivering or fitting the item.
- The warranty does not cover damages or improper functionalities that occurred because of structural changes in the walls and/or the location where the goods are fitted.
- How We Use Your Personal Information (Data Protection)
- Confidentiality
- We treat this contract as highly confidential. You shall maintain it as secret and confidential and shall not disclose, use, exploit or reproduce any confidential information directly or indirectly without Our express written consent. We will also respect your confidential information at all times.
- Neither party will be able to disclose any type of information about this Contract, this Order, the Goods and or any other details about this purchase without the other parties written approval. This refers to all types of communication including but not limited to social media, online platforms and any other form of public communication.
- Any confidential information or intellectual property right shall vest in and belong to the Company at all times.
- You acknowledge that the company would seek damages capped at the contract price, but not limited to it for any breach.
- Other Important Terms
- You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- We are committed to communicating in a friendly and professional manner and will not tolerate any rude behaviours, attitudes or remarks. We are against all forms of verbal or physical abuse. Respect for human rights is fundamental for Us and We are committed to working to ensure that people associated with the business and connected to the supply chains are treated with dignity and respect. Our company have a zero-tolerance policy towards violations of the laws banning forced labour, slavery, human trafficking and any form of anti-Semitism or acts that are against human rights. If You or any other person associated with You develop this kind of behaviour against any of Our employees, this sales contract will be declared void, and You lose any deposit paid, and We are reserving the right to go into the court of law against You.
- If You fail to complete the financial obligations, the warranty and right of property of the Goods will be cancelled.
- Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- As a Consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a Consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales. Any dispute, controversy, proceedings or claim between You and Us will be assigned to Watford County Court.
SCHEDULE 1
PART A
DELIVERY
1. Direct Delivery from the German factory to You.
The Goods will be delivered by a specialized transport company, packed on an individual pallet, and transported with a particular packing system for doors. The delivery is done using a drop at the curbside system. The pallet will be delivered with a truck that will park as close as possible to the location specified in the Final Quotation and agreed by You. In this situation, You have the obligation to prepare for unloading the pallet by ensuring enough manpower for the manual unloading or forklift for automatic unloading. You are responsible for the inspection and inventory of the Goods received and specified on the delivery documentation. Future inspection claims won’t be accepted. You have a 30-minute slot from the arrival of the truck to unload and inspect the Goods received. The booking of the delivery will be made in advance by the transport company at a time convenient to You. Any delays created by You to the transport company and any help received by You from the transport company will be charged afterwards. From the moment the Goods are unloaded from the truck they become your responsibility. It is your obligation to check the pallet for any sign of damage before unloading. If the packing material from the pallet shows any sign of damage, You are advised to take pictures if possible and note all the details on the delivery note of the transport company. Failing to specify the visible damage on the delivery note means that You accept the Goods with any damage present and take responsibility for it, without being covered by Our guarantee policy. If there are any faults on the Goods which are discovered after unpacking the pallet, this will be treated separately directly by Us without any involvement from the transport company. It is your responsibility to check if the Goods received are the ones ordered. If You install or use the received Goods, even if those aren’t the ones ordered, You are liable for them, and this will be taken as acceptance of these Goods as replacements and You need to pay any difference in costs.
2. Door to door delivery
The Goods will be delivered by the transport company to the Our storage. There, the Goods will be inspected and inventoried by Our authorized personnel. The delivery to You will be done with one of Our vans based on booking done in advance at a date and time convenient to You and based on the availability of Our delivery team. For this form of delivery, there is no cost of storage involved as long as it is done in a maximum of 7 days from the receiving of the Goods into Our warehouse. This form of delivery is available only for specific locations (please check the available locations with one of our sales representatives).
This form of delivery can delay the initial term of delivery up to two weeks without attracting penalties for Us.
3. Door to door delivery with fitting
For the contracts that include fitting service for the Goods, You have the option to choose the door-to-door delivery and at the same time, the Goods will be fitted. Please see Parts B and C of this Schedule for information.
In this situation, the Terms and Conditions of delivery do not affect the Terms and Conditions of Fitting and the time of fitting of the Goods does not need to be the same as the lead time of delivery specified in the contract. For this form of delivery, there is no cost of storage involved. This form of delivery is available only for certain locations (please check the available locations with one of our sales representatives). This form of delivery can delay the initial term of delivery up to 2 weeks without attracting penalties for Us.
We are not responsible for any consequential loss generated by delays in delivery, delivering the wrong items or delivering faulty items.
If You refuse to sign the delivery and fitting paperwork, the warranty will be declared void, and We have the right to act against You in court. You lose the right to raise any claim against the Goods received. If they are any faults or differences of the received Goods, You have the responsibility to notify them in the paperwork.
Delays in delivery do not constitute the reason for cancelling the contract.
PART B
FITTING BY US
- Additional fitting charges will be added to the Final Quotation.
- Where previous doors, frames and or casings are removed We are not responsible for “making good” the damage prior to installation of the Goods.
- We will not be responsible for any decorating works or other repair and remedial works.
- Any adjustments to the Goods at your request must be made in writing to Us and will be charged in addition to the Final Quotation price and invoiced accordingly.
- Where You elect to use our fitting service and the Goods are delivered and You change your mind and select your own third-party fitter, We reserve the right to retain 50% of the fitting costs.
- The area must be accessible for Our fitters to carry out the work and the openings within the stipulated technical tolerance. We reserve the right to charge you a penalty where Our fitters arrive and due to other tradesmen or inaccessibility, We are unable to carry out the work. Any delay or cancellation may result in only 50% of the fitting costs being returned, but not less than a 1-day work cost (minimum of £250.00 + VAT).
- If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before We begin to provide the fitting services.
- We may ask You to move or remove certain furniture, fixtures and fittings in the property before we begin work. Unless You and We specifically agree otherwise, this is your responsibility.
- You will ensure that We can access the property at the agreed times to provide the fitting.
- You may either give the fitters a set of keys to the property or be present at the agreed times to give the fitters access. If we cannot access the property, we may have to charge You additional fees for the delay.
- You must ensure the fitter has access to electrical outlets and hot and cold running water.
- Goods installation requires a specific time. Any physical intervention from anyone other than the installation team will lead to a faulty fitting of the Goods. It is Your responsibility to clear the site from such possible interventions. If the Goods have been affected by such interventions the removal and installation of the door will lead to delays and additional costs for You. The removal of the Goods might also lead to some damages. Any damages resulting from an unauthorized intervention from You or a third party that lead to the need for removal of the Goods are Your responsibility and not of the fitting team. We are not responsible for any consequential loss generated by the fitting of the Goods.
- Based on Your request, when the final flooring is not entirely laid down, Our fitting team can perform the fitting only with Your written request, which it is clearly specified the gap required under the doors and frames. In this situation, it is not Our responsibility if after the fitting of the doors and frames there are difficulties in laying down the new flooring or the doors cannot be used correctly because of the new flooring.
PART C
FITTING BY A THIRD PARTY OF YOUR CHOICE
Under no circumstances do We accept responsibility or liability of any sort where a third party fits the Goods.