Terms And Conditions
These terms will apply to any contract between us for the sale of products to you (contract). Please read these Terms carefully and make sure that you understand them, before ordering any products from our site. Please note that before placing an order you must read these Terms. If you refuse to accept these Terms, you will not be able to order and products from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on Wednesday 15th April 2015.
These Terms, and any contract between us, are only in the English language. Some clauses may apply to you where you deal with us as a consumer. Where you deal in your capacity as a business, consumer reference clauses shall not apply.
1. INFORMATION ABOUT US.
1.1 We operate the website www.knowlesskirting.co.uk. We are E & SW Knowles & Company Limited, a company registered in England and Wales under company number 954098 and with our registered office at Moor Lane Industrial Estate, Perrywell Road, Witton, Birmingham, B6 7AT. Our main trading address is at the same address. Our VAT number is 110073633.
1.2 Contacting us: You many contact us by telephoning our customer service team at 0121 3567046, by fax at 0121 332 2638, or by emailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please send any correspondence by the address in clause 1.1
2. OUR PRODUCTS
2.1 The images of the products on our site and sent to you by us are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computers display of the colours accurately reflect the colours of the products. Your products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible (and perhaps because some of our products are handmade,) all sizes, weights, capacities, dimensions and measurements indicated by us have a 2% tolerance. In particular, some of our products are natural products, they are supplied on a total length basis and we cannot give assurances that lengths will be the same across an order.
2.3 The packaging of the products may vary from that shown on images on our site or provided to you. Some of the products are heavy, and you may need to transport them after delivery manually or otherwise, at your own risk.
2.4 Please note carefully that
A) All our products are considered bespoke, sometimes described as “made to order”, unless otherwise specifically specified. For example some MDF products are “in stock” and “standard”, however if a product is not “in stock” and not “standard” in its completed form, it is made to order.
B) Where a consignment is made to order, we will make efforts to match your requests. It is not always possible to provide an exact match and unless otherwise corrected we will provide the best match we are able to achieve.
C) One of our staff may at any stage make the decision that a modification to your order will be necessary in order to deliver a product that will be fit for purpose. Although the company will attempt to make any such changes minor, we give no assurances as to how closely the end product will match your specifications. Examples include especially tall boards, especially thick or thin boards, and boards with difficult profiles.
D) If you are unsure about any specific detail when placing your order it is your responsibility to confirm and check
E) If you do not specify any particular detail when placing you order we will provide the best and/or most cost effective option, at our sole discretion.
F) We cannot at any stage guarantee that any two boards ordered in the same order will match exactly. For example the painting quality of two boards might differ, wood grain and tone will also differ (sometimes substantially) from board to board and other details may also vary from board to board.
G) Wood is a natural product and we do not attempt to select matching boards within the same species. If you specify a particular timber, we will select boards at random in that timber.
H) Our products are designed to be installed by professionals with training and experience in the products we supply.
I) If we supply products from a third party manufacturer, such products shall be in accordance with the third party’s manufacturer’s specification.
J) If you specify Pine, we may supply any species within the Pine family, including mixed sources such as timbers commonly known as Redwood and Whitewood.
K) Our products are sold only for their common use purpose. Other uses of our products are at your own risk and come without our support, warranty or guarantee in any form.
L) Skirting Boards are products designed to be placed against the lower edge of a wall, their purpose is to cover any expansion gaps between the wall and floor, and between the floor and wall.
M) Architrave are products designed to be placed around the edge of a door frame in order to cover the seam between the door casing and the wall.
N) Where we specify a product is MDF, it may be supplied in either standard MDF or moisture resistant MDF (MR MDF)
O) We may on occasion sell or use adhesives in which case we cannot guarantee those adhesives are fit for purpose as we cannot know the type or condition of the wall or floor our products will be applied to.
P) If we have not defined a product within these terms and conditions, it is your responsibility to check and confirm their definition with us in writing. This includes items such as Doors, Packing Cases, Pallets, Picture Rail, Dado rail, Window Boards, Door Casings etc.
Q) All products we supply are sensitive to both lack of and excess moisture. It is your responsibility to store and install the products in suitable environmental conditions to preserve their shape and condition.
R) Sizes including length, depth, height etc should be considered to be representative and not necessarily accurate. In some products we send mixed lengths, however we will always make reasonable efforts to ensure the depth and height/width is the same as each similar item ordered.
S) If you order a “primed” product it will require sanding prior to re-priming and receiving a painted finish.
T) If you order a “double primed” product we will send you a product which has been primed, sanded and re-primed. This product may still require further sanding and or priming top coat prior to a single, or multiple coat of finishing paint.
U) Some products may need to be made up of two or more lengths jointed together horizontally in order to achieve the required height. This will result in a visible line in the board where two lengths of timber have been jointed.
V) Wood is a natural product so allow for movement, and treat accordingly. BS5756 allows bowing up to 10mm for lengths over 2metres. If splits occur as as long as they are no longer than 1metre or 1/4 length of the piece, or at the ends, they are no greater than the width of the board, this is also acceptable following BS5756 guidelines.
W) Our primed MDF may still need an additional primer. This is due to the MDF being moisture resistant. When our primer is applied it can cause the grain to come to the surface which has a rough consistency which will need to be smoothed before a second primer is applied, followed by your desired top coat.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5.1 You confirm that you have the authority to bind any business on whose behalf you purchase or order products from us.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our website page and/or salespeople will guide you through the steps you need to take to place an order with us. Please take time to read and check your pro forma Invoice and alert us of any errors within 24 hours.
6.2 After you place an order, you will receive and email from us acknowledging that we have received your order, however, please note that this does not mean that you order has been accepted.
6.3 We will confirm acceptance to you by sending you a Dispatch confirmed email (Next day delivery products only). Please contact us if you have not received this and are expecting a Next Day Delivery.
6.4 If we are unable to supply you with a product, for example because the product is not in stock or no longer available, or because we cannot meet your requested delivery date or because an error in the price on our site, we will inform you of this by e-mail or telephone and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.5 If you wish to cancel an order before it has been fulfilled, please see you right to do so in clause 18. In the case of made to order goods, unfortunately, because we make these goods to your specific requirements, you will not be able to cancel an order once it is made.
6.6 Please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of made to order goods if the reason for the return is because you provided us with incorrect measurements, however this will not affect your legal rights as a consumer in relation to made to measure goods that are faulty or not as described. Advice about your legal rights is available at your local Citizens Advice Bureau or Trading Standards office.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We amend these Terms from time to time. Please look at the top of this page to see when the Terms were last updated and which Terms were changed.
7.2 Every time you order products from us, the Terms in force at the time of your order will apply to the contract between us.
7.3 We may revise the Terms as they apply to your order from time to time to reflect changes in relevant laws, regulatory or our business requirements.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid including delivery charges.
8.1 We will contact you with an estimated delivery date, which will be within 30 days after the order is received subject to our acceptance of the order. Occasionally our delivery to you may be affected by an event outside our control. See clause 16 for our responsibility when this happens.
8.2 If no one is available at your address to take delivery, we will leave you a note that the products have been returned to our third parties premises, in which case, please contact us to rearrange delivery. You may be charged a re-delivery fee.
8.3 Delivery of an order shall be completed when we deliver the products to the address you gave use or your carrier organised by you collect them from us and the products will be your responsibility from that time. We will not deliver to an international address although we will accept, at our discretion, international orders but only where delivery is to be effected by international address.
8.4 It is your responsibility that, where we agree to deliver to your nominated address, sufficient access is present to allow offloading to a flat area where the products will not cause an obstruction and within 3 metres of the vehicle. It is for you to arrange onward freight of the products if necessary. Please ensure that where necessary, you have the appropriate equipment to facilitate this. If your order is large, it may be shipped on a pallet in which case you will require a forklift to unload the products.
8.5 Delays and missing items unfortunately sometimes occur when delivering your goods, please allow 7 working days for couriers to do their search before replacements can be sent.
8.6 We reserve the right to cancel any orders from areas which are uneconomic to deliver to.
8.7 Our delivery times are Monday – Friday 8.00 am to 6.30pm, and we cannot offer timed deliveries unfortunately, however if you have a special requirement, please contact one of the sales team, and we will try to accommodate your request as much as we can.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the products will be quoted to you on the telephone, website or by email. We take responsible care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system.
9.2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being, however if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes place.
9.4 The price of a product may include delivery charges.
9.5 Our site contains a large number of products. It is always possible that despite our best efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you (in writing) to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and un-mistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect lower price.
10. HOW TO PAY & CREDIT ACCOUNTS
10.1 You can only pay for products using a debit or credit card, PayPal, bank transfer or cheque. We do not accept American Express. Credit and Debit card details are entered on a secure page and they are transferred using SSL technology ensuring you are protected at all times.
10.2 Payment for the products and all applicable delivery charges is in advance unless you have been granted credit. We will not begin to manufacture your order until we have received payment in full or you have sufficient credit available on your account.
10.3 In addition to our normal payment terms set out at clause 10.1 above, we may, in our sole discretion, consider opening a credit account for you. Any credit terms we may consider offering will be subject to status and a credit check (Trade Accounts only).
10.4 From time to time, we may conduct further credit checks to ensure your ongoing eligibility for credit facilities. In the event that any subsequent credit checks indicate that your credit status has changed, we reserve the right to revise our terms of payment set out in this Clause 10 and if necessary require you to pay in accordance with clause 10.2 (Trade Accounts only)
10.5 In the even that any payment is not made in full and on time within any agreed credit facility, such facility shall terminate immediately and all outstanding invoices that we may have issued to you will fall due and payable forthwith.
10.6 We reserve the right to charge interest on late payment of Invoices at the rate of 8% above Bank of England base rates applying from time to time. We also reserve the right to claim all costs of collection incurred in collecting overdue invoices.
11. MANUFACTURER GUARANTEES
11.1 Some of the products we sell to you come with a manufacturers guarantee. For details of the applicable terms and conditions, please refer to the manufacturers guarantee provided with the products.
Some of our products carry certifications from the manufacturers and/or recognised standards bodies. We do not independently verify or otherwise check on those certifications. Accordingly bear in mind the following:
12.1 Some of our products are offered with third party certifications. We only provide certificates on request and as long as the customer can prove they have brought the materials from us.
12.2 The customer has a responsibility to build in line with the tested capabilities of the product. The customer must have e.g. applied the correct intumescent in the case of a fire and used inter alia the correct isolation, glass and seals in the case of acoustics. Whilst our suppliers have a responsibility to provide us with the correct documentation and paper trail for materials we purchase from them, we can only provide our customers with the information provided to us
12.3 Customers will only be supplied with a particular certification of product if specifically requested by the customer
12.4 Fire ratings – we use the ratings our manufacturers supply us with. We also utilise a “field of application” written for us by IFC International Fire Consultants which details the scope of applications in different products. We are not experts in the scope of those applications and can do no more than provide the scope of applications as written by IFC.
12.6 Packing case material is IPPC approved and certificated for export.
13. OUR WARRANTY FOR THE PRODUCTS
13.1 For products which do not have a manufacturers guarantee, we provide a warranty that on delivery by us whether to your premises or ex works, the products shall be free from material defects. It is your responsibility to check the products on delivery and notify us within 24 hours of any defects discovered. For products delivered by courier, it is your responsibility to ensure that the products are sufficiently insured for damage sustained during transit by courier, however, this warranty does not apply in the circumstances described in clause 13.2
13.2 The warranty in clause 13.1 does not apply to any defect in the products arising from:-
A) Fair wear and tear
B) Willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party.
C) if you fail to operate or use the products in accordance with the user instructions.
D) Any alterations or repair by you or by a third party who is not one of our authorised repairers, or
E) Any specification by you.
13.3 The warranty is in addition to and does not affect your legal rights in relation to goods that are faulty or not as are faulty or not as described. Where you act as a consumer you have legal rights in relation to goods that are faulty or not as described. We are under legal duty to supply goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
14. OUR LIABILITY
14.1 Nothing in these terms excludes our liability for:
A) Death or personal injury caused by our negligence.
B) Fraud or fraudulent misrepresentation
C) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) and by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
D) Breach of the terms implied by sections 13, 14 and 15 of the Sale of Good Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples): and
E) Defective products under the Consumer Protection Act 1987.
14.2 Subject to clause 14.1 we will under no circumstances whatever be liable to you whether in contract, tort (including negligence), breach or statutory duty, or otherwise, arising under or in connection with the contract for:
A) Any loss of profits, sales, business or revenue
B) Loss or corruption of data, information or software
C) Loss of business opportunity
D) Loss of anticipated savings
E) Loss of goodwill
F) Any indirect or consequential loss, or
G) Any additional costs which you incur
14.3 Subject to clause 14.1, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort, including negligence, breach of statutory duty or otherwise shall in no circumstances exceed £100 or 5% of the products.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
14.5 Where you request us to produce goods to your design, we shall not be liable for any breach of any intellectual property of any third party caused by our complying with your instructions. You agree to indemnify and hold us harmless against any claims, costs, damages or penalties pursued against us.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. An event outside our control is defined below in clause 15.2
15.2 An EVENT OUTSIDE OUR CONTROL means any act or event beyond our reasonable control, including without limitation strike, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an event outside our control takes place that affects the performance of our obligations under a contract:
A) We will contact you as soon as reasonably possible to notify you; and
B) Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
15.4 You may cancel a contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these terms to “in writing”, this will include e-mail.
A) Any notice or other communication given by us to you, or you to us, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
B) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
C) In providing the service of any notice, it will sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND (CONSUMERS ONLY)
17.1 Before we begin to provide any services or the goods are delivered, you have the following rights to cancel an order (other than made to order goods) and/or services, including where you chose to cancel because we are affected by an event outside our control or we change these terms under clause 7 to your material disadvantage:
A) You may cancel any order for goods and/or services (at any time) before we dispatch the goods or the start date for the services or within 1 day for next day delivery of placing an order by contacting us. We will confirm your cancellation in writing to you;
B) If you cancel an order under clause 17.1 (a) and you have made any payment in advance for services that have not been provided to you, or goods that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts and any delivery charges to you;
C) If however you cancel an order for services under clause 17.1 (a) and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfill the order, and this charge will be deducted from any refund that is due to you, or if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us, however, where you have cancelled an order because of failure to comply with these terms (except where we have been affected by an event outside our control), you do not have to make any payment to us;
D) Unfortunately, if you cancel an order for goods under clause 17.1 (a) and we have already dispatched your goods to you, we will not be able to cancel your order until it is delivered or collected. In this case, if you return the goods to us, we will have to charge you the cost of collection or you will have to pay the cost of returning the goods back to us. This will not affect your refund for the goods themselves, but we will not refund for the goods themselves but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
E) Cancelled orders of “in stock” products can have a restocking charge of 40% and must be requested within 30 days of receipt of order.
F) Goods that have to be returned to us are your responsibility to do so. Goods have to arrive safely, and in a re-sellable state, any damages will affect the refund back to you.
G) All damages/shortages must be reported within 7 days of receipt of goods, any damages/shortages reported after this date will be looked at our discretion and we reserve the right to refuse any refund/replacement.
17.2 Unfortunately, as the made to measure goods are made to your requirements, you will not be able to cancel your order once made (but this will not affect your legal rights as a consumer in relation to made to measure goods that are faulty or not as described).
17.3 Once we have begun to provide services to you, you may cancel the contract for the services at any time providing us with at least 30 calendar days’ notice in writing. Any advance payment you have made for services that have not been provided will be refunded to you.
17.4 Once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if;
A) We break this contract in any material way and we do not correct or fix the situation within 7 days of you asking us to in writing.
B) We go into liquidation or a receiver or an administrator is appointed over our assets;
C) We change these terms under clause 7 to your material disadvantage.
D) We are affected by an event outside our control.
18. HOW WE USE YOUR PERSONAL INFORMATION
18.1 We will use the personal information you provide to us to;
A) Provide the goods and services;
B) Process your payment for such goods and/or services; and
C) Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
18.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do (Trade Accounts only)
18.3 We will not give your personal data to any other third party
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.
19.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the contracts (rights of third parties) Act 1999 or otherwise.
19.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 Any contract 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 referred in the first instance to mediation with an independent mediator agreed between the parties. Any mediation or subsequent court action will be governed by and construed in accordance with the law of England and Wales.
19.7 Save as regards the reference to mediation clause 16.6, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
20.1 We request the right to photographic evidence and time to allow us to investigate your claim before we re-dispatch replacement goods.
20.2 We reserve the right to only replace at our discretion the faulty part of the order and will not replace the entire order.