Terms & Conditions
These terms 1
Information about us and how to contact us …… 1
Our contract with you ……1
Our products …..2
Your rights to make changes ……..2
Our rights to make changes ……. 3
Providing the products ……….. 3
Your rights to end the contract …….. 6
Our rights to end the contract ……… 7
If there is a problem with the product ………. 7
Price and payment ………. 8
Our responsibility for loss or damage suffered by you ………. 9
How we may use your personal information ………. 10
Other important terms ………… 10
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods and/or services 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.
2. Information about us and how to contact us
2.1 Who we are. We are Luxury Outdoor Spaces Limited a company registered in England and Wales. Our company registration number is 10487450 and our registered office is at: Composite House, 86 Station Road, Stockport, Cheshire. SK5 6ND.
2.2 Our registered VAT number is 256 3386 86.
2.3 How to contact us. You can contact us by telephoning our customer service team at: 0161 302 9979 or by writing to us at firstname.lastname@example.org
2.4 How we may contact you. 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 or Account Application Form.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place upon you signing these terms and conditions, at which point a contract will come into existence between you and us, if you issue an official order or communicate instructions to receive goods this will also be acceptance to enter into contract between you and us.
3.2 If we cannot accept your order. 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, 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.
3.3 Your order number. We may 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. Our products
4.1 Products may vary slightly from their pictures/samples/description. The images, samples and/or description of the products in our brochure, on our website and/or in store are for illustrative purposes only. Although we have made reasonable efforts to display the pictures, colours, samples and/or descriptions accurately, we cannot guarantee that a device’s display of the colours, samples, description and/or the printed pictures in our brochure, on our website and/or in store accurately reflects the accuracy of the products. Your product may vary slightly from those samples, descriptions and/or images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website or in our catalogue or brochure.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us.
5. Your rights to make changes
5.1 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.
5.2 If you wish to change or cancel the order you have placed in relation to the supply of goods and/or services your liability to us shall be limited to payment to us of all costs reasonably incurred by us in fulfilling your order up until the date we receive notice from you of the amendment or cancellation.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product in our brochure on our website, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as told to you during the order process and/or set out in our current price list. If you require confirmation of any charges please contact us prior to placing the order.
7.2 When we will provide the goods and/or services. During the order process we will let you know when we will provide the goods and/or services to you.
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. 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.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 07.30hrs – 17.00hrs Monday to Friday and 08.00hrs – 12.00hrs on Saturday.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Should you inform us to leave the goods at a reasonable location within the grounds of the property then you are liable for the goods at this point. We may require such instruction in writing.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or 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 or collection we may end the contract and clause 9.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
7.8 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or as soon as you collect it from us. We will deliver the products to the delivery address provided by you. The delivery address must have a suitable road and access to the point where delivery is requested. If no such road exists, delivery will be made to the nearest point at which, at our sole discretion, the vehicle can safely and lawfully unload. Except where we use a vehicle-mounted crane/fork truck, you shall be responsible for safely and lawfully unloading the goods and shall provide all necessary labour and equipment. We may charge you an additional fee for labour and equipment needed to unload the goods. If any goods, packaging or container has been delivered and deposited, whether on the public highway or elsewhere, you shall be responsible for the goods from that time and you shall ensure all steps that need to be taken for the protection of persons or property in relation to such goods, packaging or containers and shall indemnify us in respect of all or any costs, claims, losses or expenses which we may incur as a result of such delivery.
7.9 When you own goods (Retention of Title) You own a product/goods once we have received payment in full. Unless the goods have been paid for in full they remain as stock or assets to our company. Should you wish to release this title of ownership then only full payment will be accepted. Partial payment of goods gives the purchaser no entitlement of ownership. If the goods are then used or transferred to a third party prior to payment then the goods remain our property. This should be made clear to any such third party prior to the goods being moved on. If the goods have been altered during this time then it does not affect our entitlement to ownership. We have the right and can enforce the removal of goods at any time if payment has not been made or if we have cause for concern regarding future payment.
7.10 Your responsibility. In the event the products are delivered we accept no liability in relation to any damage caused by our wagons, vehicles, machinery, employees, subcontractors and/or agents acting on our behalf to any property (including but not limited to driveways, forecourts, gardens, drainage etc.) at the time of delivery of the goods. It is your responsibility to ensure the ground (driveways, forecourts, gardens etc.) where the products are to be delivered can withstand the weight of our wagons and vehicles both with and without heavy loads. We accept no liability if any damage is caused to any property. It is your responsibility to ensure the structural adequacy and durability of the ground (driveways, forecourts, gardens etc.) without any liability on our part. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. It is your responsibility to provide a safe environment in accordance with UK health and safety laws and regulations and all necessary consents, information, and resources for us, to carry deliver the goods and/or provide the services
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, as set out in clauses 7.8 and 7.10 above. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).
7.15 Luxury Outdoor Spaces do not take responsibility for planning permissions, it is the homeowners / contractors responsibility to check all project details with local planning office or building control.
Projects supplying a fitting service may be sub-contracted out to a third-party company.
8. Your rights to end the contract
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have (as the case may be) commenced manufacturing the product, delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described in clauses 5.1, 5.2 and below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, “If there is a problem with the products”). There will also be a minimum re-stocking charge of 15% for standard stocked products, this charge may increase if it is a special order or non-stocked product. Some items due to the nature cannot be returned.
8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further 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) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then 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.
8.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) 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, for example, as set out in clauses 7.8, 7.10 and 7.11.
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.
9.3 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 in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team or write to us. Alternatively, please speak to one of our staff in-store.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.If your product is goods, 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:· up to 30 days: if your goods are faulty, then you can get an immediate refund. · up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. · up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is services, the Consumer Rights Act 2015 says:· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. The goods must not be damaged, used or fitted. All damage must be notified to us in writing within 48 hours of receiving the goods.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in either our price list in force at the date of your order or quotation we have agreed another price in writing. We take all reasonable care to ensure that the price of products advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 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.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. 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 and refund you any sums you have paid.
11.4 When you must pay and how you must pay. We accept payment by Cash, BACS, cleared Cheque funds or most Debit and Credit Cards. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them.
(b) For services, you must make an advance payment of 50% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 7 calendar days after the date of the invoice.
(c) Customers on a Trade Credit Account must adhere to the Terms and Conditions of the agreement, this agreement requires the account holder operate within the conditions. We may use an external company to carry out functions to manage the account with regard to insurance, credit worthiness, account management, collection of outstanding amounts and legal actions.
11.5 We can charge interest if you pay late. 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 our current bank. This interest shall accrue on a daily basis from the due date until the date of actual payment (cleared funds) of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount. You will also be liable for any fees that relate to the chasing of the outstanding debt.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
12.1 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 as set out in clauses 7.8 and 7.10 or any loss or damage that is not foreseeable.
12.2 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 and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. These terms and conditions relate solely to the supply of products, goods and/or services 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.
13. How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
14.5 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.
14.6 Governing Law and Jurisdiction. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Variation. No variation of this agreement shall be effective unless it is in writing. (or their authorised representatives).