Terms and conditions of sale - consumers
Terms and Conditions - Consumers
1. These terms
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Headings and titles used on this website are for information purposes only. They do not constitute any part of the terms and will not limit or affect these terms in any way.
2. Information about us and how to contact us
2.1 We are the Trustees of The 4th Duke of Westminster’s 1964 Settlement and our address is Eaton Estate Office, Eaton Park, Eccleston, Chester, Cheshire CH4 9ET. Our registered VAT number is 163 0896 55.
2.2 You can contact us by:
2.2.1 telephoning the Grosvenor Timberworks, Hatton Heath Mill on 01244 207370
2.2.2 writing to us at email@example.com or Grosvenor Timberworks, Hatton Heath Mill, Platts Lane, Hatton Heath, Cheshire, CH3 9AN
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3.2 We may update and change our website from time to time to reflect changes to our products, our users’ needs and our business priorities.
3.3 You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from you using our website.
4. Our contract with you
4.1 Our acceptance of your order will take place when we email you to accept it or write to you, at which point a contract will come into existence between you and us.
4.2 If we are unable to accept your order, we will inform you of this and will provide you with a full refund for products you have already paid for but will not receive (see clause 13.2). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4.5 We reserve the right to refuse the supply of goods at our discretion.
5. Our products
5.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the appearance of the products accurately, we cannot guarantee that a device's display of the images accurately reflects the appearance of the products. Your product may vary slightly from those images.
5.2 The packaging of the product may vary from that shown in images of our website.
5.3 If we are supplying the product to measurements, you have given us, you are responsible for ensuring that these measurements are correct.
6. Your rights to make changes
6.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 ‘Your rights to end the contract’).
7.1 We may change the product to reflect changes in relevant laws and regulatory requirements.
7.2 In addition, we may make changes to the specification of the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
8. Providing the products
8.1 The costs of delivery will be as displayed to you during the order process.
8.2 During the order process we will let you know when we will provide the products to you.
8.3 We may need to access your property in our delivery vehicle to deliver the goods to you. Please let us know during the order process if there are any access restrictions to your property. If you fail to give us this information, we may not be able to deliver the goods to you and clause 11.1.3 may apply.
8.4 If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5 You will need to ensure that someone is available at your address to take delivery of the products. If no one is available at your address to take delivery and the products cannot be securely left at your address, we will leave you a note or contact you to inform you of how to rearrange delivery, which may be charged at an additional cost to you.
8.6 If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 11.2 will apply.
8.7 The product will be your responsibility from the time we deliver the product to the address you gave us.
8.8 You own a product once we have received payment in full.
8.9 We may suspend the supply of a product to:
8.9.1 make changes to the product to reflect changes in relevant laws and regulatory requirements;
8.9.2 make change to the product as requested by you or notified by us to you (see clause 7).
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all your money back), see clause 12;
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, for example if the goods are not returned in resaleable condition, and you will have to pay the costs of return of any goods;
9.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see 9.5.
9.2 If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
9.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
9.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.2.4 we have suspended supply of the products for technical or supply chain related reasons, or notify you we are going to suspend them for such reasons, in each case for a period of more than 14 days; or
9.3 For some products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. This right does not apply to products which are perishable (such as food items) and products that are made to your specification. There may be other products to which the rights do not apply and if that is the case, we will endeavour to make you aware of the fact.
9.4 If you change your mind, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9.5 Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us and you is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know.
9.6 If you exercise your rights under clause 9.5 above, the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including if you have changed your mind)
10.1 To end the contract with us, please let us know by doing one of the following:
10.1.1 call customer services on 01244 207370
10.1.2 email us at firstname.lastname@example.org (please provide your name, home address, details of the order, your phone number and/or email address)
10.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, or post them back to us at Grosvenor Timberworks, Hatton Heath Mill within 14 days of telling us you wish to end the contract. In some circumstances, we may arrange to collect the goods from you. Please call customer services on 01244 207370 or email us at email@example.com to see if collection is possible.
10.3 We will pay the costs of return if:
10.3.1 the products are faulty or misdescribed; or
10.3.2 you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We will inform you about the costs of collection when you contact us to end the contract.
10.5 We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 If you are exercising your right to change your mind:
10.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
10.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the product back from you. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1.1 you do not make any payment to us when it is due, and you still do not make payment within 10 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
11.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (including any access restrictions to your property for delivery).
11.2 If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.1 If you have any questions or complaints about the product, please contact us.
12.2 We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights: The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to 6 months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to 6 years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
See also clause 9.3.
12.3 If you wish to exercise your legal rights to reject products because they are faulty or do not conform to the contract you must either return them in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us (see 2.2), to arrange return or collection.
13. Price and payment
13.1 The price of the product (which includes VAT) will be the price indicated when you placed your order online, or in our brochure or catalogue or otherwise agreed in writing. Verbal discussions between you and us about the price will not be binding. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the product you order.
13.2 We will take payment at the time you place your order. Taking payment does not mean we have accepted your order and if we are unable to accept your order, we will provide you with a full refund within 14 days.
13.3 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.4 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.5 We accept payment with all major credit and debit cards. You must pay for the products before we dispatch them.
13.6 If you purchase goods over the telephone or in person from our premises,we may also accept payment by bank transfer or cheque, or by prior arrangement by alternative means. We will inform you if this is possible and provide you with the relevant information, such as our bank account details, when you place your order.
13.7 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14. Our responsibility for loss or damage suffered by you
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2; and for defective products under the Consumer Protection Act 1987.
14.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.