Terms and conditions
Terms and conditions
Definitions
“Customer” means the person who submits or places an order to buy the Goods and/or Services from the Seller.
“Conditions” means the terms and conditions of sale set out on this form and any special conditions.
“Goods” means the Goods which the Company is to supply.
“Services” means the installation / services to be provided by the Company for the Customer / End User.
“Price” means the total price for the Goods as set out on the sales invoice.
“Company” means Shape Adaptations Limited (company number 07998893) of Unit 16F, Airport Industrial Estate, Kingston Park, NE32EF.
“Consumer” means a customer who is a person who purchases Goods and/or Services for purposes outside of their trade business or profession (i.e. private customer).
“Contract” means the contract for the purchase of the Company’s Goods and/or Services, always subject to the conditions.
“End User” means the party to whom the Goods are delivered for use by them or who directly receives the benefits of the services, not the customer.
“Special Conditions” means any mutually agreed conditions which appear on the front of this form and form part of the contract.
1. Conditions applicable
a. These Conditions shall apply to all contracts for the sale of Goods and / or services by the Company to the Customer.
b. All orders for Goods and / or services shall be deemed to be an offer by the Customer to purchase Goods and / or services pursuant to these Conditions.
c. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
d. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
2. Contract Performance Exclusion
a. Neither party shall be liable to the other for any loss of use, revenue, profit (inc. anticipated), financial losses, increased costs, expenses, savings, wasted expenditure, loss of any contract, special damages, any direct, indirect or consequential losses or damages, including the failure of any products supplied to carry out their intended function, and all economic losses which may be suffered by any party arising out of or in connection with this agreement or formal contract.
3. Return of goods / Cancellation of Services.
a. These conditions do not affect your statutory rights as a consumer
b. Custom made-to-order products are not eligible for return or credit.
c. Customers / Consumers must notify the Company within 24 hours of any problems with deliveries only on supply of goods.
d. Failure to do so may result in the Company being unable to help resolve delivery and/or product and/or quality issues.
e. In the event of goods being returned owing to fault on the part of the Company, carriage costs and restocking fees will not be passed onto the customer.
f. Goods returned within 28 days of the purchase date will be subject to a 15% +VAT restocking charge. Goods can only be returned when agreed and authorised by the Company. This is not a requirement if the goods being returned are faulty.
g. Goods returned after 28 days will be subject to a 50% restocking charge. Goods can only be returned when agreed and authorised by the Company. This does not relate to faulty goods being returned.
h. Returned goods from within the local area, collected by the Company will be subject to a £15 +VAT collection fee. This is not a requirement if the goods being returned are faulty.
i. Total carriage costs for collection of goods outside the local area will be passed on accordingly.
j. When the Company organise collection of the returned items, providing a designated time and date for collection, it is the responsibility of the consumer to ensure that the goods are ready.
k. If the consumer fails to meet the arranged collection time, it will then be the responsibility of the consumer to return the goods to the Company.
l. Returned goods must be returned to the Company in their original packaging and secured for carriage in the manner in which they were received. This is not a requirement if the goods being returned are faulty.
m. You will not be able to cancel such contract for services once services have commenced. See definition of services Section 1.
n. If you have any complaints, please contact the Company at our address detailed above or call us on 0191 286 5703
4. Goods / Services
a. The company shall sell and the customer shall purchase goods and / or services in accordance with the customers contract..
b. The price of the goods and / or services shall be the company’s invoiced price and are inclusive of VAT, chargeable at the applicable rate.
c. Customers shall inspect the Goods thoroughly upon delivery and shall notify the Company within 24 hours of delivery of any defect or failure to conform to the contract.
d. The customer shall be responsible for ensuring the accuracy of its order and for giving the company any necessary data and information relating to Goods and / or services.
e. Any advice or recommendation given by the company as to the storage, application or use of the goods and / or services which is not confirmed in writing is acted on entirely at the customers own risk. The company shall not be liable for any advice or recommendation which is not confirmed.
f. Where installation is to be carried out by the Company’s personnel, the customer / end user shall make all arrangements necessary to ensure that such personnel are able to carry out and complete the installation unhindered.
5. Title and risk
a. The Goods shall be at the customers risk as from delivery.
b. In spite of delivery having been made ownership of the Goods shall not pass from the Company until:
i. the customer shall have paid the Price in full; and
ii. no other sums whatever shall be due from the customer to the company.
6. The Price and payment
a. Payment of the Price shall be due within 30 days from the date of each invoice unless payment has already been made.
b. Payment shall be by pro forma, cash, cheque with order, BACS or bankers draft.
c. For private installation services, a 50% deposit of the total value is payable at point of order, ahead of works commencing. Any final balance payment will be payable on the day of completion.
d. Stage payments are required for some installations and will be agreed with the customer before any services commence.
e. Failure to pay the price of the goods / services within the period specified will entitle the company to:
i. cancel the contract;
ii. decline to make further deliveries or supply of goods and / or services except upon receipt of cash or other payment method satisfactory to the company;
iii. charge the customer interest on all overdue invoices from the date when payment becomes due from day to day until the date of payment (as well as before any judgement) at the rate of 4% above Lloyds Bank plc’s base rate from time to time in force; and
iv. where the goods and / or services are supplied by instalments, the customer must pay for each instalment in accordance with the terms agreed.
f. The Buyer shall indemnify the Seller in respect of any bank charges it incurs which are attributable to the act or omission of the Buyer, and in particular those bank charges which arise as a result of dishonoured cheques.
7. Delivery of the Goods
a. Delivery of the Goods shall be made by the Company to the place agreed by the Company and the Customer, the delivery address set out overleaf.
b. All delivery times and dates quoted by the Company are approximate only and are not guaranteed.
c. The Company shall not be liable for any delay in delivery of goods or the performance of services however caused. The Company will endeavour to meet any agreed dates and times.
d. The customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8. Confidentiality
a. Each party to the contract agrees that the information will be treated as private and confidential and neither party shall publish or disclose any detail to any third party.
9. Data Protection
a. The Company will take all reasonable precautions to keep the personal details of the Customer’s order and payment secure.
b. The company will only use the personal information provided by the customer / end user for the purpose of fulfilling the customers order and for marketing communications to the customer / end user in respect of the company’s products, unless the customer / end user agrees otherwise. The customer / end user can request to be deleted, or opt out of receiving marketing communications by giving written notice to the Company at the address above.
This contract is subject to the law of England and Wales.
Website Terms
The Shapeyourworld.co.uk Web Site (the “Site”) is an online information service provided by Shape Adaptations Ltd (“shapeyourworld.co.uk “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. shapeyourworld.co.uk MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are shapeyourworld.co.uk, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND / OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to shapeyourworld.co.uk a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-licence, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to shapeyourworld.co.uk by all means and in any media now known or hereafter developed. You also grant to shapeyourworld.co.uk the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against shapeyourworld.co.uk for any alleged or actual infringement or misappropriation of any proprietary right in your communications to shapeyourworld.co.uk.
1.01 TRADEMARKS
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of shapeyourworld.co.uk Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by shapeyourworld.co.uk, shapeyourworld.co.uk does not operate, control or endorse any information, products or services on the Internet in any way. Except for shapeyourworld.co.uk- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with shapeyourworld.co.uk a. You also understand that shapeyourworld.co.uk cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. shapeyourworld.co.uk PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND shapeyourworld.co.uk SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. shapeyourworld.co.uk DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. shapeyourworld.co.uk HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL shapeyourworld.co.uk BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF shapeyourworld.co.uk OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND / OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, shapeyourworld.co.uk LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
shapeyourworld.co.uk makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-shapeyourworld.co.uk web site, please understand that it is independent from shapeyourworld.co.uk, and that shapeyourworld.co.uk has no control over the content on that web site. In addition, a link to a shapeyourworld.co.uk web site does not mean that shapeyourworld.co.uk endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification
You agree to indemnify, defend and hold harmless shapeyourworld.co.uk, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of shapeyourworld.co.uk and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of The United Kingdom applicable to agreements made and to be performed in The United Kingdom. You agree that any legal action or proceeding between shapeyourworld.co.uk and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United Kingdom . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. shapeyourworld.co.uk’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. shapeyourworld.co.uk may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved