TERMS & CONDITIONS 1.1 What these terms cover. These are the terms and conditions on which we supply products to you (“products”).
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 products 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.
1.3 In some circumstances you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: • You are an individual; and • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft, or profession).
1.4 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Pod On a Pallet is a member of the Creating Spaces Group LTD, Creating Spaces Group Ltd a company registered in England and Wales. Our company registration number is 12041475 and our registered office is at Engineers Works Wakefield Road, Copley, Halifax, England, HX3 0TP. Our registered VAT number is 332 3517 30.
2.2 How to contact us. You can contact us by; telephoning our customer service team at 01422 355425 or by writing to us at Engineers Works, Wakefield Road, Copley, Halifax, HX30TP. Email: firstname.lastname@example.org. 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.
2.3 “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 once we have received a cleared non-refundable deposit from you.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign 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.
3.4 We only sell to the UK and NI. Our brochure and website are solely for the promotion of our products in the UK and NI. Unfortunately, we do not accept orders from addresses outside the UK or NI.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
5. YOUR RIGHTS TO MAKE CHANGES If you wish to make a change to the product 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 product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm, in writing whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. DELIVERY OF THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as told to you during the order process/ set out in our current price list.
7.2 During the order process we will let you know when we will supply. We will also tell you during the order process when and how you can end the contract.
7.3 We are not responsible for delays outside of our control. If our supply of the products is delayed by an event outside of 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 products you have paid for but not received.
7.4 You have legal rights if we deliver any products late. You must be at home to accept delivery of the product. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:
7.7.1 we have refused to deliver the products; or
7.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
7.5 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.6 When you own goods. You own a product which is goods once we have received payment in full.
7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, sizes, styles, colour choices. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you 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 (see clause 10.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it. The customer, when purchasing a pod on a pallet must agree and confirm that the property to receive the product is accessible by an 18-tonne lorry. The customer must confirm that there is sufficient space to park and unload the product at said address. It is not the responsibility of the lorry driver. The customer must also accept responsibility for moving the product once unloaded to the designated area for the product to be erected. Delivery cost of the product depends solely on the delivery address and therefore, the delivery charges vary from customer to customer. There is a click and collect option from our warehouse for the customer to arrange their own collection, which is free of charge. This must be made by prior arrangement with Pod on a Pallet by contacting the office; on the telephone, 01422 355425 or emailing at email@example.com.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to
7.8.1 deal with technical problems or make minor technical changes;
7.8.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.8.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 months in any 6-month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.5) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.7).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract, for a product at any time before we have delivered it, but in some circumstances, we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 11, “If there is a problem with the products”).
8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months you have a legal right to end the contract because of something we have done wrong.
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 although the deposit paid is non-refundable and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you).
8.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us within 14 days. If you are ending the contract because we have told you of an upcoming change to the product 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. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.2 Phone or email. Call customer services on 01422 355425 or email us at firstname.lastname@example.org. Please provide your name, correspondence address, details of the order and, where available, your phone number and email address. If you are a business customer, please let us know the reason why you wish to end the contract and contact us to discuss.
9.3 By post. Write to us at Engineers Works Wakefield Road, Copley, Halifax, England, HX3 0TP, including details of what you bought, when you ordered or received it and your name and address. If you are a business customer, please let us know the reason why you wish to end the contract and contact us to discuss.
9.4 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, availability for delivery.
10.1.3 you do not, within a reasonable time, allow us access to your premises to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause
10.1, we will refund any money you have paid in advance for products 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.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01422 355425 or write to us at Engineers Works Wakefield Road, Copley, Halifax, England, HX3 0TP. Alternatively, please speak to one of our staff in-store.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example garden rooms, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: up to 30 days: if your goods are faulty, then you can get an immediate refund. up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back. If your product is services, for example installation of the goods, the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it. if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or allow us to collect them from you. We will pay the costs of postage or collection.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer, we warrant that on delivery, any products shall:
13.1.1 conform with their description;
13.1.2 be free from material defects in design, material and workmanship;
13.1.3 be fit for any purpose held out by us.
13.2 Subject to Clause 13.3, if:
13.2.1 you give us notice in writing within 3 days of delivery that a product does not comply with the warranty set out in Clause 13.1; and 13.2.2 we are given a reasonable opportunity of examining such product; we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
13.3.1 you make any further use of such product after giving a notice in accordance with Clause 13.2.1;
13.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
13.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
13.3.4 you alter or repair the product without our written consent; or
13.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out in your order form attached unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, 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 and refund you any sums you have paid.
14.4 If you are a business, we reserve the right, by informing you in writing at any time before delivery of the goods, to increase the price to reflect any increase in our cost of supplying the goods.
14.5 When you must pay and how you must pay. We accept payment by Cheque, BACS, credit/debit card and PayPal. You must pay the deposit, upon ordering the products with us. You must then pay the delivery amount before we deliver the products to you as per the terms of your order with us. You must pay each invoice within one calendar day of the date of the invoice.
14.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.7 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 3% a year above the base lending rate of the Bank of England 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.
14.8 What to do if you think an invoice is wrong if you are a consumer. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1, 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.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
15.3 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.
15.4 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
16.1.4 defective products under the Consumer Protection Act 1987;
16.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
16.3.1 we shall not be liable to you, 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 any contract between us; and
16.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
18. INSOLVENCY IF YOU ARE A BUSINESS
18.1 In circumstances where you are a business and you:
18.1.1 make any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction); or
18.1.2 you cease or threaten to cease to carry on business,
18.2 we may, without prejudice to any other right or remedy available to us, be entitled to cancel this contract or suspend any further deliveries under this contract. Where the products have already been delivered but not paid for, the price quoted shall immediately become due and payable and we shall have the right to enter your premises to recover possession of such products and recover all damages and losses sustained as a result.
19. OTHER IMPORTANT TERMS
19.1 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. If you are unhappy with the transfer, you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
19.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if this affects any conditions of our guarantee.
19.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 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.
19.5 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.
19.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
19.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
19.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Furniture and home improvement Ombudsman via their website at https://www.fhio.org. The Furniture and home improvement Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings