TERMS & CONDITIONS OF BUSINESS FOR CONSUMERS
The information given in this form sets out the legal relationship between us and you. Please take time to read it carefully.
“Contract”the legally-binding agreement between us and you the terms of which are set out in this form;
“Goods”the goods specified overleaf; “Us”/”We”Robeys Limited
“You”the customer whose name and address is written overleaf.
1.We agree to sell and you agree to buy the Goods on the terms set out in this Contract. No other terms and conditions apply. Catalogue descriptions and illustrations of the Goods do not form part of this Contract.
2. The Contract may not be varied unless we both agree to the variation which must then be confirmed in writing in order to give effect to the same
3. The Contract is made when a period of twenty-four hours have elapsed since the time you signed your name overleaf and we provided you with the “White” copy of this form whichever occurs last. The reason for the twenty-four hour delay is to allow you sufficient time to read this Contract. The Contract will not take effect if you tell us during this twenty-four hour period that you have changed your mind and do not wish to proceed with this Contract; otherwise this Contract will be fully enforceable
4. The description and price of the Goods is shown overleaf. In addition to the price, you will be required to pay a delivery charge for the Goods if being delivered. The price of the Goods and the delivery charge are each exclusive of VAT.
5. The Goods are subject to availability. If the Goods you have ordered are not available in stock, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the Goods unless by the mutual agreement of both parties a suitable alternative date for delivery is agreed upon
6. You will understand/recognise that you must not use wet or unseasoned wood or any other fuel which is not permitted and you agree to use and maintain the goods/appliance in accordance with the manufacturers/Robeys’ instructions with which you have been provided
Payment for the Goods and the delivery charge shall be made in accordance with the method selected overleaf. Payment is deemed made only when cleared funds for the full amount due have been received by us.
The description of the Goods as set out in our quotation. We use natural products and finishes and cannot guarantee that the colour shades of any Goods with an enamel or paint finish will not differ from the colour shades of any Goods supplied under a previous order or a subsequent order or in our catalogue, our quotation or on our models in our showroom. Catalogue descriptions and illustrations of the Goods do not form part of this Contract.
1. The Goods will be delivered to the delivery address shown overleaf or to the nearest access point. You must ensure that there is someone competent to accept delivery of the Goods at that address on the agreed delivery date.
2. If you do not take delivery of the Goods on the delivery date then we will store them free-of-charge until(a) the date when we can re-deliver the Goods or on which you collect them from our premises, and (b) the expiry of 30 days from the first proposed delivery date; whichever occurs first. Thereafter we will charge you reasonable storage handling and insurance costs. We will also charge you for the cost of re-delivering the Goods.
3. We are not liable for any loss or damage suffered by you through any reasonable or unavoidable delay in our delivering the Goods.
1. If the manner in which this Contract is formed renders it a distance- selling contract within the meaning of the Consumer Protection (Distance Selling) Regulations 2014 (“the Regulations”) then this paragraph applies and you have the right, subject to the following restrictions, to cancel the Contract at any time up to the end of fourteen (14) working days after receipt of the Goods. (A “working day” is any day other than weekends and bank or other public holidays.) Please note that you have no right under the said Regulations or this Contract to cancel the Goods if, by their nature, they cannot be returned. For example, if they have been made to your specific order or if they have already been installed at your home or premises. To exercise your right of cancellation you must notify us in writing at our address shown overleaf. The notice of cancellation must give details of the Goods. You must return the Goods to us at your own cost if you exercise your right of cancellation after the Goods have been delivered. In the meantime you must take reasonable care to ensure that the Goods are not damaged. Once you have given notice of cancellation in accordance with this paragraph, and provided you have redelivered the Goods to us in the same condition you received the same then , we will refund or recredit you within 30 days any sum paid by you for the Goods or debited from your credit card.
2. If this Contract is not formed in a manner which renders it a distance- selling contract within the meaning of those Regulations, then this paragraph governs your cancellation rights.
i. You may cancel the Contract by giving us notice in writing. The notice of cancellation must be sent to our address overleaf so that we receive it within fourteen (14) days of the date when this Contract is made. We shall then refund or recredit you for any sum paid by you to us for the Goods or debited from your credit card.
ii. If you seek to cancel this contract after the seven day prescribed period has elapsed this can only be in circumstances where the goods have not at the point of cancellation been delivered to you. In the event of such cancellation you must pay us 50% of the price of the Goods (the “Cancellation Charge”) plus the reasonable costs that we incur for freight, carriage, packing, insuring, storing and handling the Goods (the “Handling Charge”). We will use our best efforts to resell the Goods on your behalf and, if we succeed in doing so, we will refund the Cancellation Charge. The Handling Charge is not refundable.
iii. In any circumstances where the goods are returned by you to us upon cancellation of the contract you will become responsible for a restocking charge calculated at 30% of the price
iv. If we should cancel the Contract for any reason other than your failure to take delivery of the goods, or to collect them or pay for them on the due date(s) specified overleaf, then we shall refund or recredit you for any sum paid by you to us for the Goods or debited from your credit card.
8. Ownership of Goods
We remain the owner of the goods and title to those goods remains fully vested in us until such time as you have paid for them in full together with any applicable delivery charges.Thereafter you become the owner. Until then you must keep the Goods properly stored and insured and also clearly identified as our property.
9. Risk of Loss & Damage
The risk of loss and damage to the Goods passes to you at the time when you collect them, or when we deliver or try to deliver them to the delivery address.
10. Installation of Goods
1. If the Goods are to be installed in your home or premises (the “Property”) then the installation shall take place in accordance with the quotation we have given you or your architectural agent (the “Quotation”). In addition to the specific terms set out in the Quotation the provisions of this paragraph shall apply.
2. In installing the Goods we will use our best efforts not to damage the Property. However, the suitability of the Property for the installation of the Goods is your sole responsibility [and we strongly recommend that you follow our Installation Guidelines which will be supplied with this form].
3. It is a mandatory requirement of this contract that you ensure:-
1. The area where the goods are to be installed is prepared and made free of all obstructions prior to the date of installation; and
2. Any relevant chimney is properly and fully swept; and otherwise all dust is removed from the installation area.
Should you fail to observe either requirement then we specifically reserve the right to remedy such default ourselves and charge you the reasonable cost of so doing
4. It is important that you ensure that your chimney is thoroughly swept before we start work. Other flues, register/closure plates chimney and smoke hoods should also be swept.
5. The installation work shall take place strictly as set out in the Quotation. We do not undertake to widen any aperture, nor are we responsible for any work needed to be done to brick or stone structures to enable the installation to take place. Further, we do not undertake decorating work nor are we responsible for any damage to plastering, tiling or decorations which results from the installation of the Goods.
6. You must give us access to the Property to carry out the installation. It is your responsibility to ensure that access to the area in which the installation is to take place is safe and suitable for our employees or contractors. You must ensure that children and animals are excluded and that we and our employees and contractors are made aware of any dangerous substances or hazards at the Property. You must ensure that the way is clear and that there are no obstructions or obstacles to taking the Goods from the delivery vehicle to the area where they are to be installed. We assume no responsibility for any damage done to the Property or any part of its fabric (e.g., walls, doors, decorations, masonry) in the course of transferring the Goods from the delivery van to the installation area. We will however take every reasonable precaution to ensure that no damage takes place.
7. You are responsible for cross bonding all exposed service pipes to comply with the Electrical Installation Rules16th Edition. If you wish our electrician can check and advise on whether this is correct and if required provide a separate quote for the necessary work to be effected to the current standard.
1. We warrant the quality of our installation and workmanship for a period of 12 months from the date of the installation of the Goods. However, we do not warrant the quality of the Goods as the manufacturer provides a separate warranty in respect of those goods. .
2. The above warranty is provided subject to the following limitations:
a. We shall be under no liability to you in respect of any defective workmanship caused directly or indirectly by your act or omission;
b. We shall be under no liability to you if you have not paid for the installation work in full by the due date for payment.
c. Further, you may not seek to set off any amount properly or allegedly owing to you against any amount payable by you to us under the terms of this Contract
3. Your statutory rights as a consumer are not affected by the above limitations.
4. If you believe there has been a defect in the quality of our workmanship then you must notify us immediately the defect becomes apparent. Such notification must be confirmed in writing. If a valid claim is notified to us we shall undertake any necessary remedial work free of charge.
5. Our contractual warranty of workmanship does not extend to the Goods or to parts, materials or equipment not manufactured by us. In respect of those items you are entitled to the benefit of the manufacturer’s warranty which will generally be for not less than 12 months from the date or supply or delivery of the Goods.
6. Save in the case of death or personal injury caused by our negligence, our total liability under this Contract (including negligence or breach of statutory duty, misrepresentation or otherwise, arising under this Contract) or in connection with the supply of the Goods or their use or resale by you shall be limited to the price you paid for the Goods plus 25% thereof.
7. We shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill, costs, expenses or otherwise whatsoever).
12. Events Outside our Control : Force Majeure
1. We shall not be liable to you for breach of this Contract by reason of the following events which are beyond our control:
a. explosion, flood, tempest, fire or accident;
b. war or threat of war, sabotage, insurrection, civil disturbance or act of terrorism;
c. strikes, lockouts or any other industrial action;
d. restrictions on the supply of the Goods; or
e. power outages or equipment failures.
2. If we become aware of any cause beyond our control which will make us unable to perform our obligations under the Contract, we shall inform you. If in our opinion it would not be practical for us to perform our obligations within a reasonable period of time then we shall be entitled to cancel the Contract without incurring any liability to you except that we shall refund any deposit or other sum paid by you under the Contract.
13. Data Protection
1. We will take all reasonable precautions to keep your details secure, but unless we are negligent we are not liable to you for there being any unauthorised access by any third party to information supplied by you.
2. ill only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. We would like to notify you of products and offers that may be of interest to you from time-to-time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information to be deleted, by giving written notice to us at our address overleaf.
a. If a Court or any other competent authority finds that any provision (or part of any provision) of this Contract is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected
b. If any invalid, unenforceable or illegal provision of this Contract will be valid, enforceable and illegal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable
We value your custom and aim to provide a good service on terms that are fair and reasonable to you and us. In the event that you should have a complaint about any aspect of our service you may send it to the address overleaf marked for the attention of “Customer Relations”.
16. Applicable Laws
This Contract and the supply of the Goods will be subject to English law; and the parties irrevocably submit to the exclusive jurisdiction of the English courts
All images used are for illustrative purposes only. Individual features and colours may vary.
All information is correct at time of entry and may be subject to change without notice.