1. THESE TERMS
1.1 These are the terms and conditions on which we supply our 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.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in BLUE and those specific to businesses only are in GREEN.
1.4 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are SKIRTING 4 U LIMITED, a company registered in England and Wales. Our company registration number is 08787786 and we are situated at Unit 10 Merchants Way, Aldridge, Walsall WS9 8SW. Our VAT number is 210 7798 10.
2.2 You can contact us by telephoning our customer service team on 01922 451 689 Monday to Friday 8:30AM - 5:00PM (excluding Bank/Public holidays, or by writing to us at the above address, or emailing us at firstname.lastname@example.org
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 provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.3 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK but some restrictions apply. Unfortunately, we do not accept orders from addresses outside the UK. We cannot deliver to Scottish Islands, Northern Island, Highlands, Channel Islands, Isle of Man or Isle of Scilly. If you wish to buy our products but are outside of our delivery coverage then please contact as we can discuss with you collection (by you or your chosen courier or alternative delivery options open to you.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images for the following reasons:
4.1.1 although we have made every effort to be as accurate as possible, because our products are made to order, all sizes, weights, dimensions and measurements indicated on our website are accurate to within 1mm; and
4.1.2 the image on the website may not accurately represent the proportions of the product you select. The actual design, or profile, remains exactly the same regardless of the final height of the product, so as the overall size increases, there is an increase or decrease in the ‘flat’ section underneath the detail.
4.2 If you are unsure on the product then you can ask us for a free sample of our standard skirting boards and architraves, which are subject to availability. Please note that we do have a fair usage scheme and reserve the right to refuse a request for free samples at our absolute discretion. If you would like a sample of our skirting board covers or wish for us to make a custom sample for you, please let us know and we will discuss the costs of providing these with you.
4.3 Making sure your measurements are accurate:
4.3.1 As we will be making our products to measurements you have given us you are responsible for ensuring that these measurements are correct. We will not be responsible for any errors that you make in regards to the chosen product or size during the ordering process;
4.3.2 Where we have provided you with a quote based on the information you have provided to us, you must ensure that the information on the quote is correct, and reflects the information you have provided to us. We will not be responsible where goods are made according to the quotation information if, having received the quote, you have proceeded with the order.
5. YOUR RIGHTS TO MAKE CHANGES
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.
6. OUR RIGHTS TO MAKE CHANGES
We reserve the right to make any changes in the specification of our products that are necessary to ensure they conform to any applicable safety or statutory requirements; and to make without notice any minor modifications in our specifications we think necessary or desirable.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. When the products will be delivered will be dependent upon the delivery method you chose at the checkout – full delivery options and costs can be found at https://www.skirting4u.co.uk/content/10-delivery
7.3 We are not responsible for delays outside our control. 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 (i.e. a delay of more than 30 days) you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If you know you will not be available to take delivery of the goods, we can leave the product in a safe place (the product will be securely wrapped to protect them from any damage or poor weather conditions); or if there is nowhere on the property suitable for the goods to be left, we can also make arrangements for the goods to be left with a neighbour if this is a possibility. Just let us know your preference and we will make the necessary arrangements with the driver.
7.5 If you are not at home when the product is delivered and you have not given us any specific instructs as stated in clause 7.4, a note will be left telling you how to re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 10.2 will apply.
7.6 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us or if we deliver it according to your specific instructions (with a neighbour/in a safe place).
7.7 When you own goods. You own a product which is goods once we have received payment in full.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You may be able to end the contract in certain circumstances:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced), see Clause 12 if you are a consumer and Clause 13 if you are a business; or
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- (a.)we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
- (b.)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;
- (c.)there is a risk that supply of the products may be significantly delayed because of events outside our control;
- (d.)If you are a consumer and have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, consumers do not have a legal right to change their mind in respect of goods that are bespoke i.e. that are made specifically for that consumer. As most of the products we sell are manufactured to your own individual specification we are not legally obliged to offer full refunds for our products, or for items ordered in error.
8.3.1 Changing your mind in respect of products that are not made to your order (i.e. paint). You can change your mind about the product up to 14 days after the day that you receive the product.
8.3.2 Bespoke products:
188.8.131.52 If you do change your mind about an order you have placed and wish to cancel, we allow you to do so free of charge within 24 hours of the time you submitted your order for orders where you have chosen standard or economy shipping. If you cancel within this period, we will grant a full refund. If you notify us after the 24-hour window a cancellation charge will apply of up to a maximum of 50% of your order value, (excluding delivery costs which will not be refunded), depending on how much of your order has been manufactured at the time you inform us you wish to cancel the order. We cannot offer any cancellation period for goods requested on an express order due to the order having to be put into production quickly in order for us to meet the delivery time of 2 working days.
184.108.40.206 If you cancel your order after delivery has been made, and there are no defects with the product, we will accept returns but can only issue a 50% refund of the order value (excluding delivery costs which will not be refunded) as all goods are made to order. Whilst we are happy to help with arranging for a courier to return the order to us, we do not cover the cost of this. If you would like us to arrange for the collection and return of your items, the charge is based on weight and will be the same as the fee you paid for your original delivery. If you received a discounted or free delivery initially we will let you know the price for the return shipping before any charge is officially applied.
9. HOW TO END THE CONTRACT WITH US
9.1 To end the contract with us, please telephone our customer service team at 0808 250 3153 or 01922 451 689 Monday to Friday 8:30AM - 5:00PM (excluding Bank/Public holidays, or email us at email@example.com.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must arrange to return them to us. If you would like us to arrange for the collection and return of your items, we will let you know the price for the return shipping before any charge is officially applied.
9.3 We will only pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if 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 a delay in delivery due to events outside our control.
(c) Where you a consumer exercising your right to change your mind for standard products not made to your specifications.
In all other circumstances you must pay the costs of return.
9.5 How we will refund you. If you are entitled to a refund under these terms we will issue the refund by the method you used for payment within 14 days of your cancelling the order or, where goods have been dispatched, within 14 days of our receiving the products back from you.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 2 working days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 If we end the contract in the situation set out in Clause 10.1 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.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know if this happens and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0808 250 3153 or 01922 451 689 Monday to Friday 8:30AM - 5:00PM (excluding Bank/Public holidays, or email us at firstname.lastname@example.org)
Please note: You must contact us within 30 days of receiving a delivery from us to let us know of any shortfall or product defects that you need us to address. This is a reasonable time frame to expect you to have checked your order thoroughly and picked up on any errors.
12.YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. This means that the products we sell must meet their description, be of satisfactory quality and fit for their purpose. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.2 If you wish to exercise your legal rights to reject products you must either return them 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 if we agree that the products were faulty at the time we sent them to you. Please note any products supplied by us to you that have been installed or used will be automatically deemed as accepted by you, and these products may not be returned. Please call customer services on 0808 250 3153 or 01922 451 689 Monday to Friday 8:30AM - 5:00PM (excluding Bank/Public holidays, or email us at email@example.com.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery, and for a period of 6 months from the date of delivery (warranty period),] our products shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
13.2 Subject to Clause 13.3, if:
(a) you give us notice in writing during the warranty period that a product does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to use our best efforts to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. 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.
14.3 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. [If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 We accept payment with those debit and credit cards listed on our website. All products must be paid for at the time you submit your order.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
15.2 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 12.1.
15.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 16.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.
16.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to Clause 16.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these terms to another organisation.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 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.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
18.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider but we may at our sole discretion agree or refuse ADR with that ADR provider. Whilst the UK is a member of the EEU, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.