1. Consumer rights
1.1 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers. If you are contracting as a consumer, you may cancel a Contract (without giving any reason for cancellation) at any time within the period:
(a) beginning upon the submission of your order; and
(b) ending at the end of 14 days after the day on which the Goods come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the Contract is for delivery of multiple Goods, lots or pieces of something, 14 days after the day on which the last of those Goods, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
1.2 In order to cancel a Contract on the basis described in clause 1.1, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
1.3 You must send the Goods back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this clause 1.3 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.
1.4 If you cancel a Contract on the basis described in clause 1.1, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.
1.5 If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the Contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be "beyond what is necessary to establish the nature, characteristics and functioning of the Goods" for these purposes.
1.6 Unless we have offered to collect the Goods, we will process a refund due to you as a result of a cancellation on the basis described in clause 1.1 within the period of 14 days after the day on which we receive the returned Goods. If we have not sent the Goods to you at the time of cancellation or have offered to collect the Goods, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
1.7 You will not have the right to cancel a Contract on the basis described in clause 5.1 in respect of any non-stock Goods, nor for any Goods which are bespoke, made-to-order,
personalised, customised, made to your specification or specially ordered (Restricted Goods).
1.8 If you require clarification regarding the nature of the Goods which you wish to purchase, you should contact Customer Services on 01606 871188 for details before placing your order.
2. Availability and delivery
2.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
2.2 Due to our policy of continuous product development, we reserve the right to change product specifications without prior notice and without liability to you.
2.3 If you are contracting with us as a consumer and you wish to cancel an order for standard stock Goods prior to dispatch, you must cancel your order in accordance with the provisions of clause 1.1. All other orders may only be cancelled prior to dispatch by arrangement with us and any costs incurred in connection with your order will be levied.
2.4 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days if you are contracting as a consumer, or within a reasonable time of the date of the Dispatch Confirmation if you are contracting as a business customer.
2.5 We will take all reasonable steps to deliver the Goods within the agreed period but shall not incur any liability whatsoever due to any consequences of delayed delivery or damage in transit. We do not guarantee to get delivery on site to meet installers and will accept no liability arising from delayed delivery or from damaged or defective Goods consequently delaying installation.
2.6 Any orders for Restricted Goods will be treated as separate orders and will be subject to an additional carriage charge.
2.7 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
2.8 Any attempted delivery which is refused at the delivery address will be returned to our warehouse. In this case a re-delivery charge will be applied. The amount of the re-delivery charge depends on the carrier used to effect re-delivery.
2.9 All Goods must be inspected immediately while the delivery driver is still present. If found to be damaged the Goods must be refused, otherwise claims cannot be entertained. Please write "Refused due to damage" on the consignment note and hand the Goods back to the driver.
2.10 Without prejudice to the provisions of clause 2.9, if we, acting reasonably, are satisfied that the deficiency in the Goods would not have been reasonably apparent to you upon delivery of the Goods to you, or that the deficiency in the Goods only manifested itself following delivery of the Goods to you, then the provisions of Condition 3.1 (b) (ii) will apply.
2.11 In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
3. Our refunds policy
3.1 When you return Goods to us:
(a) because you are contracting as a consumer and you have cancelled the Contract between us within the period referred to in clause 1.1, we will process the refund due to you in accordance with the provisions of clause 1.6, subject always to the provisions of clause 1.7 ;
(b) for any other reason, returns will be subject to the following process:
(i) returns of non-faulty Goods by business customers under this clause 3.1 (b) (i) shall only be refunded or replaced if you contact us within 7 days of receipt of the Goods, informing us of your wish to return them. The Goods must be returned in accordance with our standard authorisation procedure (Contact Customer Services on 01606 87118 for details). Without limitation, you must take reasonable care of the Goods in your possession and the Goods must be returned at your risk, in the same condition in which you received them and securely re-packed in their original packaging. A handling charge of 15% of the invoiced value of the Goods plus the delivery and return carriage costs will be levied. There will be an additional charge for re-boxing if the original packaging is not in a suitable condition for re-stocking. Any non-faulty Goods which are Restricted Goods may not be returned;
(ii) without limiting any of the provisions of clause 2.9, if you wish to return Goods to us because they are defective, or do not materially conform to their specification, any such defect or nonconformity must be notified to us as soon as possible, but in any event within 7 days of the date that you discovered or ought to have discovered the defect or nonconformity and no further use of the Goods must be made following discovery of the defect or nonconformity. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective or nonconforming Goods. Goods returned by you because of defect or nonconformity will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
3.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
3.3 You have an obligation to take reasonable care of the Goods whilst they are in your possession. The consequences of failing to discharge this obligation with respect to any Goods to which clause 3.1 (a) applies are set forth in clause 1.5; we may also, at our
discretion and without limitation, refuse to refund or replace any Goods to which clause 1.1 (b) applies if we consider that you have failed to discharge this obligation.
3.4 In accordance with clause 3.3, you must not make any improper use of, or make any unauthorised modifications or repairs to, the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means.
3.5 You shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
3.6 Bespoke goods can not be purchased on a Sale or Return basis.
(a) Contract goods may be returned securely in their original packaging within 7 days of despatch, otherwise full payment will immediately become due and payable; and
(b) a handling charge of 15% of the invoiced value of the Goods plus the delivery and return carriage costs will be levied. There will be an additional charge for re-boxing if the original packaging is not in a suitable condition for re-stocking