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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Bespoke Front Door Ltd, a company registered in England and Wales. Our company registration number is 9970997 and our registered office is at The Studio, 81 Elmfield Road, London, England SW17 8AD. Our registered VAT number is 273 5884 64.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0208 22 66 77 or by writing to us at email@example.com and The Studio, 81 Elmfield Road, London SW17 8AD. Our lines are open 7 days a week.
2.3 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.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 “Product” includes goods and services. When we use the word “Product” in these terms, this includes goods and services, depending on your order (see Clause 3.4).
3. OUR CONTRACT WITH YOU
3.1 How we will confirm your order. When you place the order on-line and pay for the Products in full in advance, a binding contract will come into existence between you and us. We will confirm your order via email within 24 hours.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing 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 a credit reference we have obtained for you does not meet our minimum requirements, 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 will assign a reference number to your order and tell you what it is when we confirm your order within 24 hours from receiving it. It will help us if you can tell us the assigned reference number whenever you contact us about your order .
3.4 Product purchase options. You may purchase the following Product Options: ‘Supply and Installation’ and ‘Supply only’. If you choose ‘Supply and Installation’ there will be a survey conducted within 7 days from the date of the order. However, the latter option is available in London only.
3.5 We only sell to England. Our website is solely for the promotion of our products in England (mainland). Unfortunately, we do not accept orders from and/or to addresses outside the above specified territory.
4. OUR PRODUCTS
4.1 Bespoke front doors. The range and description of our Products are displayed on our website. We reserve that you may not purchase locks and hardware fittings to the doors without purchasing the doors.
4.2 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 be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight, permissible percentage of tolerance.
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.
4.4 Survey. During the survey mentioned at clause 3.4 you will be expected to advise what colour of the Product you would wish us to proceed with and the date of installation. Full painting of the doors is available only with a “Supply and Installation” option.
(a) We warrant for a period of 6 months from completion of the order that it complied with its specification (‘Supply and installation’ option only). Otherwise, if we are to remedy the order, you shall first inform us in writing during the above Warranty Period, and promptly on discovery, in respect of the above. You should give us a reasonable opportunity to investigate the allegation of defectiveness.
(b) We warrant for a period of 10 years from completion of the order, the wood against fungal decay and shrinkage in one direction greater than 2.5%. For the avoidance of doubts, the Supplier will not be liable for any changes to the wood occurring naturally due to its nature and those resulting from its use.
(c) We warrant for a period of 1 year from completion of the order, the quality of the locks (as per the manufacturer’s warranties).
However we will not be liable for any failure to comply with this clause 4.5 to the extent:
(d) caused by your failure to comply with our instructions in relation to the order and the materials used;
(e) caused by us following any specification or other document supplied by or instruction from you;
(f) where you altered our services or their results without our prior written agreement, or
(g) where you used our services or their results after notifying us that it did not comply with this clause.
5. PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery (if any) are as displayed to you on our website or as otherwise advised.
5.2 When we will provide the products.
(a) If the products are goods. If the products are goods we will deliver them to you as per our product information, usually within 6 to 14 weeks from the date of the order (‘Supply only’ option) or the survey (‘Supply and installation’ option).
(b) If the products are services. We will begin the services on the date set out in the order or on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
5.3 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.
5.4 If you are not at home when the product is delivered. In an unlike event that no one is available at your address to take delivery, we will charge you £90 plus VAT. We will contact you for further instructions to re-arrange delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract and Clause 8.2 will apply.
5.5 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 8.2 will apply.
5.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the agreed delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we confirmed your order that delivery within the delivery deadline was essential.
5.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 5.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
5.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 5.6 or 5.7 you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods. If the goods have been delivered to you, you must allow us to collect them from you. Please call customer services on 020 8244 7236 or email us at firstname.lastname@example.org to arrange collection.
5.9 When you become responsible for the goods. A Product which is goods will be your responsibility from the time we deliver it to the address you gave us.
5.10 When you own goods. You own a Product which is goods once you have received the Product for which you paid its full price in advance.
5.11 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. If so, this will have been stated in the description of the products on our website. We will contact you in writing 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 (and Clause 8.2 will apply) 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.
5.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 If what you have bought is faulty or mis-described 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 of your money back), see Clause 9;
6.2 If you want to end the contract for the reasons stated below under (a) – (c) our contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
(a) 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;
(b) 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 30 days; or
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 5.6).
6.3 You may end the contract within 7 days from the date of the order when you purchased a “Supply and Installation” option. You have no right to end the contract with a “Supply only” option.
7. HOW TO END THE CONTRACT WITH US
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address (see Schedule)
(b) By post. Write to us at our address, providing details of your order.
7.2 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 return them to us. You must allow us to collect them from you.
7.3 How we will refund you. Subject to 7.5, we will refund you the price you paid for the Products, by a method indicated by you. However, we may make deductions from the price, as described below.
7.4 Deductions from refunds. We may reduce your refund of the price 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. 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.
7.5 When your refund will be made. We will make any refunds due to you as soon as possible, after the goods were safely returned to us.
8. OUR RIGHTS TO END THE CONTRACT
8.1 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, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(b) you do not, within a reasonable time, allow us to deliver the Products to you;
(c) you do not, within a reasonable time, allow us access to your premises to supply the services.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you a percentage of the price accordingly calculated depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 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 at 020 8244 7236 or write to us.
9.2 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.
Summary of your key 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 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:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) 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, for example installation, design consultation, survey, refurbishment, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Regulation 28(1) (b) of the Consumer Contracts Regulations 2013.
10. PRICE AND PAYMENT
10.1 Where to find the price for the Product. The price of the Products (which includes VAT) will be the price indicated on the order pages when you placed your order. The prices for on-line purchases apply only to on-line contracts. The prices for in-store sales are higher. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the Product you order.
10.2 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. We will normally check prices before confirming 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.
10.3 When you must pay and how you must pay. You must pay us a full price of the Product in advance, at the time you place the order, in accordance with the method displayed on our website.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 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.
11.2 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
11.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, 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.
11.4 We are not liable for business losses. 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.
12. OTHER IMPORTANT TERMS
13.1 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.
13.2 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Bespoke Front Door Ltd of The Studio, 81 Elmfield Road, London SW17 8AD, telephone number: 0208 22 66 77; Email: firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] terminate the contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate