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Terms and conditions

B2B Terms and conditions

The Buyer’s attention is drawn in particular to the provisions of Clause 10 (Limitation of Liability)

1.             Definitions

In this document, the following definitions apply:

“Agreement” means the contract between the Company and the Buyer for the supply of Goods and Services in accordance with the Order Acknowledgement and these Conditions;

“Buyer”, “you” or “your” means the person or firm named in the Agreement who purchases the Goods and Services from the Company;

“Commencement Date” has the meaning set out in clause 2.1;

“Company”, “we”, “our” or “us” means Sarsen Stone Group Limited (trading as Artisans of Devizes, registered with company number 07613085, the registered office of which is situated at Stonebridge House, Nursteed Road, Devizes, Wiltshire SN10 3DY;

“Company Materials” has the meaning set out in clause 8.1(g);

“Conditions” means these terms and conditions as amended from time to time in accordance with clause 12.2;

“Delivery Address” means the Buyer’s property to which the Goods are to be delivered and at which the Services are to be provided, as stated in the Order Acknowledgement;

“Force Majeure Event” means any event beyond the reasonable control of the Company;

“Goods” means the goods (or any part of them) specified in the Order Acknowledgement;

“Order Acknowledgement” means the written confirmation of the Company in which is set out the Goods and any Services to be supplied to the Buyer;

“Price” means the total amount payable for the Goods and Services set out in the Order Acknowledgement, as may be varied in accordance with these Conditions; and

“Services” means any installation services to be supplied by the Company to the Buyer, as set out in the Order Acknowledgement.

2.             Making the Agreement

2.1          The Agreement shall come into existence on the date on which the Company issues its Order Acknowledgement (the “Commencement Date”), accepting the Buyer’s order for the supply of Goods and Services.

2.2          The Agreement constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in the Agreement.

2.3          These Conditions apply to the Agreement to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.4          Any quotation given by the Company shall not constitute an offer and is only valid for a period of 30 days from its date of issue, provided that the Company does not withdraw it during the 30-day period.

2.5          All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

3.             The Goods

3.1          If the Goods are not stock items and are therefore specifically ordered or fabricated for the Buyer, the Agreement may not be cancelled by the Buyer, and the Price shall not be refundable following any purported notice by the Buyer to cancel the Agreement.

3.2          Any samples, drawings, descriptive matter or advertising issued by the Company and any descriptions of the Goods or illustrations or descriptions of the Services contained in the Company’s website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods or Services described in them. They shall not form part of the Agreement nor have any contractual force.

3.3          In addition, the Buyer acknowledges that:

(a)        the Goods are natural and geological variations will occur in terms of colour, markings, thickness and size; and

(b)        all Goods are porous to some degree and should be sealed, and some may easily be scratched and/or be subject to natural pitting or chipping,

all of which are beyond the Company’s control and for which it does not accept responsibility.

3.4          We can provide estimates of quantities of Goods but, without having carried out a survey or inspection of the Delivery Address, this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required.

3.5          When we have not carried out a survey or inspection of the Delivery Address, we cannot give any warranty as to the suitability or quantities of the Goods for that, or any other given, environment.

3.6          It is important that you check your measurements carefully; we will not be liable for any shortfalls or surpluses arising from incorrect measurements. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent Goods (as they are a naturally occurring product) may not exactly match the original Goods.

4.             Supply of Goods

4.1          The Company reserves the right to amend the specification of the Goods or substitute Goods for equivalent or similar goods, if:

(a)        required by any applicable statutory or regulatory requirements; or

(b)        as a result of a Force Majeure Event, the Goods are unavailable.

4.2          The Company shall, subject to receiving the Price in cleared funds beforehand, deliver the Goods to the Delivery Address. Any dates set out in the Order Acknowledgement for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Buyer’s failure to ensure that the Delivery Address is suitable, ready and available for the Goods to be delivered and any Services performed, to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.3          Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Address.

4.4          Subject to clause 4.2, if the Company fails to deliver the Goods, its liability shall be limited to the return of the Buyer’s deposit on the Price.

4.5          If a Force Majeure Event prevents the Company from providing any of the Services or Goods for more than two weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Buyer.

4.6          The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.

4.7          When delivery is to be by instalments or the Company exercises its right to deliver by instalments under clause 4.6 hereof or if there be a delay in the delivery of any one or more instalments for whatever reason this will not entitle the Buyer to treat the Agreement as repudiated and/or to damages.

4.8          Deviations in quantity between the Goods delivered and Goods ordered representing not more than 10 per cent. by value shall not give the Buyer any right to reject the Goods or to claim damages and the Buyer shall be obliged to accept and pay at the contract rate for the quantity of Goods delivered.

4.9          The Company will only deliver quantities rounded up to the nearest whole tile, or in the case of a random pattern, to the nearest whole pattern.

4.10        The Buyer may only collect Goods from our Devizes warehouse by prior agreement with the Company and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.

4.11        Goods that are stock items may be returned at the Company’s sole discretion and, in particular, subject to:

(a)        any minimum quantity of Goods for which return is requested;

(b)        a re-stocking charge of 20% of the returned Goods;

(c)        the returned Goods being in a re-saleable condition; and

(d)        all delivery costs related to the return being borne by the Buyer.

5.             Quality of Goods

5.1          The Company warrants that, on delivery, the Goods shall:

(a)        subject to clause 3.3, conform in all material respects with their description in the Order Acknowledgement;

(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).

5.2          The Company shall not be liable for the Goods’ failure to comply with the warranty in clause 5.1 if:

(a)        the defect arises because the Buyer failed to follow the Company’s written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

(b)        the Buyer alters or repairs such Goods without the written consent of the Company;

(c)        the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or

(d)        the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

5.3          Except as provided in this clause 5, the Company shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.

6.             Title and Risk

6.1          The risk in the Goods shall pass to the Buyer on completion of delivery or their collection by the Buyer.

6.2          The Company will be under no obligation to insure the Goods once the risk has passed to the Buyer.

6.3          Whilst the Goods are in the possession of the Buyer and before title in the Goods has passed to the Buyer, the Buyer shall maintain appropriate insurance against all usual risks and shall procure that the Company’s interest is noted on any relevant insurance policy.

6.4          Title to the Goods shall not pass to the Buyer until the Company receives payment in full (in cash or cleared funds) for the Goods and any Services and any other goods or services that the Company has supplied to the Buyer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.

6.5          Until title to the Goods has passed to the Buyer, the Buyer shall:

(a)        store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Company’s property;

(b)        not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(c)        maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Company’s behalf from the date of delivery;

(d)        notify the Company immediately if it becomes subject to any of the events listed in clause 11.2(a) to clause 11.2(c); and

(e)        give the Company such information relating to the Goods as the Company may require from time to time.

6.6          If, before title to the Goods passes to the Buyer, the Buyer becomes subject to any of the events listed in clause 11.2(a) to clause 11.2(c), then, without limiting any other right or remedy the Company may at any time:

(a)        require the Buyer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and

(b)        if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.

7.             Supply of Services

7.1          The Company shall, subject to receiving the Price in cleared funds beforehand, provide the Services to the Buyer in accordance with the specification set out in the Order Acknowledgement in all material respects.

7.2          The Company shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order Acknowledgement, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

7.3          The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Company shall notify the Buyer in any such event.

7.4          The Company warrants to the Buyer that the Services will be provided using reasonable care and skill.

8.             Buyer Obligations

8.1          The Buyer shall:

(a)        ensure that the specification of the Goods and Services set out in the Order Acknowledgement is complete and accurate, and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and relating to their Delivery;

(b)        co-operate with the Company in all matters relating to the Services;

(c)        provide the Company, its employees, agents, consultants and subcontractors, with access to the Delivery Address and such other facilities as may be reasonably required by the Company to provide the Services;

(d)        provide the Company with such information and materials as the Company may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;

(e)        prepare the Delivery Address for delivery of the Goods and supply of the Services;

(f)         obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and

(g)        keep and maintain all materials, equipment, documents and other property of the Company (the “Company Materials”) at the Delivery Address in safe custody at its own risk, maintain the Company Materials in good condition until returned to the Company, and not dispose of or use the Company Materials other than in accordance with the Company’s written instructions or authorisation.

8.2          If the Company cannot deliver the Goods or provide any Services as a result of the Buyer’s failure to comply with clause 8.1, the Goods may be retained by the Company and the Buyer will be liable for any re-delivery or storage charges.

8.3          All Company Materials are the exclusive property of the Company.

9.             Payment of the Price

9.1          The Price shall be payable by the Buyer immediately following issue of the Order Acknowledgement by the Company and in any event must be received by the Company in cleared funds by the earlier of the date for delivery of the Goods set out in the Order Acknowledgement or the seventh day following the Commencement Date.

9.2          The Company reserves the right to increase the Price, by giving notice to the Buyer, to reflect any increase in the cost of the Goods or the Services to the Company that is due to:

(a)        any factor beyond the control of the Company (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

(b)        any request by the Buyer to change the delivery date(s), quantities or types of Goods or Services, ordered; or

(c)        any delay caused by any instructions of the Buyer in respect of the Goods or the Services or failure of the Buyer to give the Company adequate or accurate information or instructions in respect of the Goods or the Services.

Subject to clause 3.1, the Buyer shall be entitled to terminate this Agreement with immediate effect by written notice to the Company in the event of an increase to the Price made by the Company pursuant to this clause.

9.3          In respect of any sums payable in addition to the Price set out in the Order Acknowledgement, whether pursuant to clause 9.2 or otherwise, the Buyer shall pay each invoice submitted by the Company:

(a)        within 30 days of the date of the invoice; and

(b)        in full and in cleared funds to a bank account nominated in writing by the Company, and

(c)        time for payment shall be of the essence of the Agreement.

9.4          All amounts payable by the Buyer under the Agreement are exclusive of amounts in respect of any value added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made under the Agreement by the Company to the Buyer, the Buyer shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.

9.5          If the Buyer (which shall include any Buyer with a credit account) fails to make any payment due to the Company under the Agreement by the due date for payment, then the Buyer shall pay interest on the overdue amount at the rate of 5% per annum above the base rate of Lloyds Bank Plc from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue amount.

9.6          The Buyer shall pay all amounts due under the Agreement in full without any set-off, counterclaim, deduction or withholding except as required by law. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Buyer against any amount payable by the Company to the Buyer.

10.          Limitation of Liability

10.1        Nothing in these Conditions shall limit or exclude the Company’s liability for:

(a)        death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b)        fraud or fraudulent misrepresentation;

(c)        breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

(d)        breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

10.2        Subject to clause 10.1:

(a)        the Company shall under no circumstances whatever be liable to the Buyer, 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 the Agreement nor for any loss or damage suffered as a result of the failure, inadequacy or interruption of any primary or temporary power supply at the Delivery Address;

(b)        the Company may, in its sole discretion, make good any liability under the Agreement by replacing or repairing the Goods or re-performing the Services; and

(c)        the Company’s total liability to the Buyer in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.

10.3        The Buyer expressly acknowledges that delivery of the Goods and the provision of the Services may cause some minor damage to the Delivery Address and any property belonging to the Buyer on, in or near such Delivery Address. Whilst the Company will use reasonable endeavours to avoid such minor damage, it does not accept any liability, subject to clause 10.1, whatsoever for any minor damage to the Delivery Address or to the Buyer’s  property caused as a result of the Goods and the provision of the Services.

10.4        The Buyer must notify the Company of any loss or damage suffered to the Goods, or any shortfall thereof, as soon as reasonably practicable and must confirm this in writing in any event no later than 48 hours after delivery or collection of the Goods. The Company reserves the right to require evidence (including photographic evidence) of any alleged loss or damage to the Goods before taking any further action. The Company shall have no liability to the Buyer to the extent that the Goods are installed at the Delivery Address or any notification under this clause is made more than 48 hours after delivery or collection.

10.5        The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.

10.6        This clause 10 shall survive termination of the Agreement.

11.          Termination and Suspension

11.1        If the Buyer becomes subject to any of the events listed in clause 11.2, the Company may terminate the Agreement with immediate effect by giving written notice to the Buyer.

11.2        For the purposes of clause 11.1, the relevant events are:

(a)        the Buyer suspends, or threatens to suspend, payment of his debts, or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay his debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;

(b)        the Buyer’s financial position deteriorates to such an extent that in the Company’s opinion the Buyer’s capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy; and

(c)        (being an individual) the Buyer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

11.3        If the Buyer fails to comply with its obligations under clause 8.1, clause 9, becomes subject to any of the events listed in clause 11.2(a) to clause 11.2(c), or the Company reasonably believes that the Buyer is about to become subject to any of them, or if the Buyer fails to pay any amount due under this Agreement on the due date for payment, then the Company may, without limiting its other rights or remedies:

(a)        may suspend the supply of Services or the delivery of Goods under the Agreement or any other contract between the Buyer and the Company; or

(b)        terminate the Agreement or any other contract between the Buyer and the Company.

11.4        The Buyer indemnifies the Company in respect of all costs and expenses (including, but not limited to, any legal costs or disbursements) incurred for or on behalf of the Company in enforcing its rights under clause 9 and this clause.

11.5        On termination of the Agreement for any reason:

(a)        the Buyer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which any invoice has not yet been submitted, the Company shall submit an invoice, which shall be payable by the Buyer immediately on receipt;

(b)        the Buyer shall return all of the Company Materials which have not been fully paid for. If the Buyer fails to do so, then the Company may enter the Delivery Address or the Buyer’s premises and take possession of them. Until they have been returned, the Buyer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Agreement;

(c)        the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and

(d)        clauses which expressly or by implication have effect after termination shall continue in full force and effect.

12.          Variation and Waiver

12.1        A waiver of any right under the Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.2        Except as set out in these Conditions, no variation of the Agreement, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Company.

13.          Third parties

A person who is not a party to the Agreement shall not have any rights to enforce its terms.

14.          Governing Law and Jurisdiction

14.1        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.

14.2        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).

 

 

B2C Terms and conditions

TERMS & CONDITIONS FOR THE SUPPLY OF GOODS & INSTALLATION SERVICES

1.             These terms

1.1          What these terms cover. These are the terms and conditions on which we supply goods to you.

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 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 Artisans of Devizes (a trading name of Sarsen Stone Group Limited), registered with company number 07613085, the registered office of which is situated at Stonebridge House, Nursteed Road, Devizes, Wiltshire SN10 3DY. Our registered VAT number is 140202143.

2.2          How to contact us. You can contact us by telephoning our customer service team at 01380 720007 or by writing to us at info@artisansofdevizes.com.

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.

3.             Our contract with you

3.1          How we will accept your order. 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 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 goods. This might be because the goods 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 goods or because we are unable to meet a delivery deadline you have specified.

3.3          Your order number. 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.             Our goods

4.1          Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the goods accurately, we cannot guarantee that a device’s display of the goods accurately reflects them. Your goods may vary slightly from those images.

4.2          In addition, you acknowledge that:

(a)        the goods are natural and geological variations will occur in terms of colour, markings, thickness and size; and

(b)        all goods are porous to some degree and should be sealed, and some may easily be scratched and/or be subject to natural pitting or chipping,

all of which are beyond our control and for which we do not accept responsibility.

4.3          Making sure your measurements are accurate. It is important that you check your measurements carefully; we will not be liable for any shortfalls or surpluses arising from incorrect measurements. Your order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent goods (as they are a naturally occurring product) may not exactly match the original goods.

5.             Your rights to make changes

If you wish to make a change to the goods 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 goods, 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

Changes to the goods. We may change the goods or substitute goods for equivalent or similar goods:

(a)        to reflect changes in relevant laws and regulatory requirements; or

(b)        as a result of an event outside of our control, the goods you ordered are unavailable.

7.             Providing the goods

7.1          Delivery and installation costs. The costs of delivery and any requested installation will be as told to you during the order process.

7.2          When we will provide the goods. During the order process we will let you know when we will provide the goods to you and, if requested, install them. We will contact you to agree a delivery and installation date.

7.3          We are not responsible for delays outside our control. If our supply and any installation of the goods 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 goods you have paid for but not received.

7.4          If you are not at home when the goods are delivered. If no one is available at your address to take delivery of the goods, we will leave you a note informing you of how to rearrange delivery.

7.5          If you do not re-arrange delivery. If 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 9.2 will apply.

7.6          If you do not allow us access to install. If you have asked us to install the goods for you and you do not allow us access to your property 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.

7.7          Your legal rights if we deliver late. You have legal rights if we deliver any goods late. If we miss the 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 accepted your order that delivery within the delivery deadline was essential.

7.8          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 7.7, 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.

7.9          Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.9, 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 and their delivery. If the goods have been delivered to you, you must either return them to us or allow us to collect them from you. We will pay the costs or collection. Please call us on 01380 720007 or write to us at info@artisansofdevizes.com to arrange collection.

7.10        When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.

7.11        When you own goods. You own the goods once we have received payment in full.

7.12        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 goods and, where necessary, install them for you to you, for example, delivery information or to confirm any aspect of the goods ordered. 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 9.2 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 or installing the goods late or not supplying or installing 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.

7.13        Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods to:

(a)        update the goods to reflect changes in relevant laws and regulatory requirements;

(b)        make changes to the goods as requested by you or notified by us to you (see clause 6).

7.14        Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. You may contact us to end the contract for the goods if we suspend its supply, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the goods after you end the contract.

7.15        We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 11.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 11.6). As well as suspending the goods we can also charge you interest on your overdue payments (see clause 11.5).

8.             Your rights to end the contract

8.1          You can always end the contract for supply of goods before it has been delivered, installed and paid for. You may contact us to end your contract for goods at any time before we have delivered and installed it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where goods are faulty or mis-described (see clause 10, “If there is a problem with the goods”).

8.2          What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods 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 error in the price or description of the goods you have ordered and you do not wish to proceed;

(b)        there is a risk that supply of the goods may be significantly delayed because of events outside our control;

(c)        we have suspended supply of the goods for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or

(d)        you have a legal right to end the contract because of something we have done wrong (but see clause 7.10 in relation to your rights to on end the contract if we deliver late).

If you end the contract because there is a risk that supply of the goods may be significantly delayed because of events outside our control, you agree that it is fair and reasonable for us either to deduct from the refund or to charge you for all costs relating to any bespoke goods or non-stock items that would otherwise have been supplied to you under the contract.

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 goods 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. You should note that all costs relating to any bespoke goods or non-stock items may either be deducted from the refund or charged to you, and it is agreed that it is reasonable for us to do so.

8.4          Returning goods after ending the contract. If you end the contract after goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.

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 goods 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 seven 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 goods; or

(c)        you do not, within a reasonable time, allow us to deliver the goods to you and, where required, install them.

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 goods 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.          If there is a problem with the goods

10.1        How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone us at 01380 720007 or write to us at info@artisansofdevizes.com.

10.2        Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them to us or allow us to collect them from you. We will pay the costs of collection. Please call us at 01380 720007 or write to us at info@artisansofdevizes.com to arrange collection.

11.          Price and payment

11.1        Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the goods 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods (including delivery and installation costs) 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 goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated, 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.

11.4        When you must pay and how you must pay. Our preferred payment method is by BACS but, if delivery is required at short notice, we can accept card payments. We accept all major credit card or debit cards with the exception of American Express. You must pay for the goods (including delivery and any installation costs) before we dispatch them. We will not charge your credit or debit card until shortly before we dispatch the goods to you.

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 5% per annum above the base rate of Lloyds Bank Plc 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.

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 and we will not charge you interest until we have resolved the issue.

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 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.

12.2        When we are liable for damage to your property. If we are installing the goods or providing other 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.

12.3        What we are not liable for. We are not liable to you in respect of the goods if:

(a)        a defect arises because you failed to follow our written instructions as to the storage, installation, commissioning, use or maintenance of the goods;

(b)        you alter or repair the goods without our consent in writing;

(c)        a defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or

(d)        the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

12.4        We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods 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 goods to you;

(b)        to process your payment for the goods; and

(c)        if you agreed to this during the order process, to inform you about similar goods 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 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. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2        You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we, acting reasonably, 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these 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 goods, we can still require you to make the payment at a later date.

14.6        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 goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.

Privacy policy

Privacy

This privacy policy explains what information may be collected from users of this website and how it might be used. We only collect personal and business data from you with your knowledge and permission, and it will not be used for any purpose other than that for which you provided it.

This policy may change from time to time, and we will update this page if and when we do so.

Cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive.  Cookies allow web applications to respond to you as an individual.  We use traffic log cookies to identify which pages are being used.  We only use this information for statistical analysis purposes.  Once this work is complete the data is removed from the system.  Most web browsers automatically accept cookies, but you should be able to modify your browser setting to decline cookies if you prefer.  In addition, we use Google Analytics, which automatically collects and stores the following information about your visit: the internet domain and IP address from where you access our website; the type of browser software and operating system used to access our website; the date and time you access our website; the pages you enter, visit and exit our website from; and if you linked to our website from another website, the address of that website.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.  You may request details of personal information which we hold about you under the Data Protection Act 1998.  If you would like a copy of the information held on you, please contact Artisans of Devizes. If you believe that any information we are holding on you is incorrect or incomplete, please contact Artisans of Devizes.