Consumer Terms and Conditions
SENATE COMPOSITES LTD
Registered in England and Wales No 9858850
Registered Office Address:
C/O Ip Man & Co Suite 21 Cameo House, Bear Street, London, United Kingdom, WC2H 7AS
These Terms and Conditions shall apply to the purchase of the goods detailed overleaf (“Goods”) by you (“Buyer”) from Builddeck Composites of Unit 4 Senate Place, Whitworth Road, Stevenage, Herts. SG1 4QS (“Seller”). No other terms and conditions shall apply to the sale of the Goods unless agreed upon in writing between the Buyer and Seller.
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
3.1 The description of the Goods is as set out in the Seller’s brochure and confirmed in a quotation. In accepting the quotation the Buyer acknowledges that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller. No descriptions of the Goods set out in the Seller’s brochure shall be binding on the Seller and are intended as a guide only.
3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
4.1 The price (“Price”) of the Goods shall be that set out in the Seller’s price list current at the date of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer. The Price shall be confirmed in a quotation.
4.2 If the cost of the Goods to the Seller increases due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, the Seller reserves the right to increase the Price prior to delivery.
4.3 Any increase in the Price under sub-Clause 4.2 shall only take place upon the Seller informing the Buyer of the increase in writing.
4.4 The Price is exclusive of fees for packaging and transportation / delivery.
4.5 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5. Basis of Sale
5.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
5.2 No variation to these Terms and Conditions, or to the Contract, shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
5.3 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.
5.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
5.5 Any quotation is valid for a period of 30 days only from the date shown overleaf unless expressly withdrawn by the Seller at an earlier time.
5.6 The buyer’s order is not confirmed and delivery cannot be arranged until full payment is received by the Seller.
6.1 Following the Buyer’s acceptance of the quotation, the Buyer shall make payment to the Seller prior to delivery of goods.
6.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and / or that the property in the Goods has not passed to the Buyer.
6.3 We accept payment by bank transfer, debit or credit card, PayPal or cheque (cheque payment takes a little longer to process).Payment by credit card and PayPal will incur additional 2.5% and 3.4% surcharge respectively. Credit card surcharge and PayPal fee are not refundable.
6.4 Receipts for payment will be issued by the Seller only at the Buyer’s request.
6.5 All payments must be made in Pounds Sterling unless otherwise agreed in writing between the Seller and the Buyer.
7.1 Delivery of the Goods shall be made by the Seller, delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance and/or the Contract as the location to which the Goods are to be delivered by the Seller. If no place of delivery is so specified by the Buyer,instead collecting the Goods at the Seller’s premises at any time during normal opening hours after the Seller has notified the Buyer that the Goods are ready for collection.
7.2 Any time stated in respect of delivery is given in good faith but is by way of estimation only and is not binding on the seller. The Seller shall be under no liability for any delay or failure to deliver the products within estimated timescales.
7.3 The seller will deliver the goodsto kerbside or as close to the property as access will allowusing a third party haulage company who require goods to be forklifted or hand-balled to kerbside. It is therefore recommended that two people are present to meet the delivery as the drivers assistance cannot be guaranteed. It is the buyer’s responsibility to ensure that materials are moved from kerbside.
7.4 Subject to the specific terms of any special delivery service, delivery may take place between 8:00 and 18:00 Monday to Friday and must be accepted at any time during 8:00am -6:00pm of the day. AM, PM or Saturday deliveries may be requested at an additional charge.
7.5 It is the Buyers responsibility to inform the Seller of any access or delivery and parking problems to the required delivery address, so that the haulier can be informed, to avoid any re-delivery charges.
7.6 If the Buyer fails to take delivery of the Goods the Seller may, at its discretion and without prejudice to any other rights: (a) store or arrange for the storage of the Goods and shall charge the Buyer for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or (b) make arrangements for the redelivery of the Goods and shall charge the Buyer for the costs of such redelivery.
7.7 If redelivery is not possible under sub-Clause 7.5(b), the Buyer shall be required to collect the Goods from the Seller’s premises and shall be notified of the same. The Seller reserves the right to charge the Buyer for all associated costs including, but not limited to, storage and insurance.
8. Acceptance of Goods
8.1 The buyer will be deemed to have accepted the goods on receipt of delivery by the carrier to your delivery address.
8.2 The seller shall have no liability for goods delivered in a damaged condition or lost in transit or for shortages in delivery unless: (i) In the case of damage or shortage of delivery, details are endorsed on the carrier’s delivery note or receipt and notice in writing, giving full particulars of the damage or shortage, is received by the seller within 24 hours after receipt of the goods at the delivery address; and: (ii) In the case of goods lost in transit, notice in writing of the non-delivery is received by the seller within 48 hours after the date of the advice note or invoice (as the case may be) issued by the seller.
8.3 Subject to the Buyer’s compliance with this Clause 8 and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all damage and shortages within a reasonable time.
8.4 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.
9. Risk and Title
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer or when the Seller notifies the Buyer that the Goods are ready for collection.
9.2 If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.
10.1 Builddeck Composites installation manual must be followed. Failure to follow the manual will compromise the performance of the products and invalidate the warranty.
10.2 The manual may not cover every installation scenario envisaged. Since each installation is unique; the installation method used and/or the actual installation and its actual performance are the sole responsibility of the installer.
10.3 Builddeck Composites recommends that all designs be reviewed by a licensed architect, or engineer before installation. Please ensure your plan and/or design meets building regulations and permission before you begin installation.
10.4 If you are unsure of the best practices, please use suitably qualified personnel to prevent injuries or accidents.
10.5 Copy of installation guides are available via our website www.builddeck.co.uk or you can call our Technical Support Team on 01438 362 547 if you need further assistance.
11. Returns and Refunds
11.1 If the Buyer is not satisfied with the Goods and wishes to return them it may do so provided: (a) the Buyer informs the Seller that it wishes to return the Goods within 14 days of delivery; (b) the Buyer agrees to bear the cost of delivery to the Seller and take reasonable care to ensure that the goods are received by the Seller and not damaged in transit; (c) the goods are received at the Seller’s premises within 14 days after the notice of returns is given. (d) the Goods remain in their original condition (as delivered); (e) any damage will be counted and deducted from the refund.
11.2 A credit note will be raised and refund (after deduction if any) will be made within 14 days of the goods being returned to our premises.
11.3 Goods which have been custom made/cut for the Buyer may only be returned if they are defective. The Buyer’s statutory rights are unaffected.
11.4 Any returns of non-faulty goods inside the 14 days period will be accepted at the discretion of the Seller and are subject to a re-stocking fee of 25% of the value of the goods.
The Seller provides no additional guarantees beyond those already supplied with the Goods (where relevant). Copy of our Warranty is available via our website www.builddeck.co.uk
13.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
13.2 Notices shall be deemed to have been duly given: (a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; (b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; (c) on the fifth business day following mailing, if mailed by national ordinary mail; or (d) on the tenth business day following mailing, if mailed by airmail.
13.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
14. Force Majeure
Neither party shall be liable for any failure nor delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
15. No Waiver
No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
17. Consumer Rights
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.
18. Law and Jurisdiction
18.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
18.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
19. Rights of Third Parties
19.1. This contract does not and is not intend to confer any rights or remedies upon any person other than the parties.
20.1. The Seller will collect and store data collected from its website, and any other forms of communication or medium as it see fit subject to the Data Protection Act 1998 and any other applicable law.
20.2. The Buyer consents, accepts, agrees to give permission and/or license to the Seller to use, any data collected under this Terms, the Seller will collect and store data collected from its website, and any other forms of communication or medium as it see fit subject to the Data Protection Act 1998 and any other applicable law, as it sees fit for improving the Sellers’ website, customer services, statistical analyses, marketing and commercial purposes.
20.3. The Seller will use all reasonable endeavours to ensure that data collected under term 20 is secure and safe.
20.4. The Seller will not be liable for any breach of privacy.
21. Complaints Procedure
21.1. The Seller takes pride of its high standards of customer service, however in the event that the Seller does not meet these standards, please do not hesitate to contact the Seller by post to Senate Composites Ltd, Unit 4 Senate Place, Whitworth Road, Stevenage, Hertfordshire SG1 4QS or by email firstname.lastname@example.org.
21.2. The Seller aims to deal with any complaints as soon as possible and make every effort to reach a satisfactory conclusion.
22. Promotions & Discounts
22.1. Discounts apply to composite decking boards only, all other products are non-discountable.
22.2. Seasonal promotions and discounts are only available for new business and can not be applied to existing quotations.
22.3. Discounts cannot be used in conjunction with any other offers.
22.4. Senate Composite Ltd reserves the right to refuse, withdraw or amend any seasonal promotion or discount without notice.