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Period Mouldings

 

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Terms & Conditions of (A) your use of this website, and (B) Sale & Purchase

1 INTRODUCTION

This website is owned by Period Mouldings Limited ("We", "Us", "Our").

These Terms and Conditions govern both:

your use of this website (regardless of whether or not you elect to purchase goods and/or services from Us) and,

(should you elect to purchase any goods or services from Us via this website), your purchase of goods and/or services from Us.

Please read these Terms and Conditions carefully. If you do not agree to be bound by these Terms and Conditions, please do not use this website or order any goods or services from Us.

2 AMENDMENTS

These Terms and Conditions shall apply to the exclusion of any other terms and conditions (including any terms and conditions which you may purport to apply under any order placed by you). Amendments to these Terms and Conditions shall only be effective if one of our duly authorised officers has agreed to the amendment in question in writing by specific reference to this clause .

We reserve the right to amend these Terms and Conditions at any time without prior notice. It is your responsibility to check regularly to determine whether these Terms and Conditions have been amended and your continued use of this website following any amendment(s) will be deemed to be an acceptance by you of such amendment(s). The supply of goods or services to you will be governed by the version of these Terms and Conditions in force at the time that you placed your order.

3 PLACING YOUR ORDER

You can place orders with us through this website by following the order instructions placed on this website from time to time.

Your order is an offer to buy goods and/or services from us and is subject to acceptance by us. There will be no contract between you and us for the supply of any goods and/or services unless and until We accept your offer by issuing an acknowledgement of order to you. Any such acknowledgment will be made by email to the email address submitted by you when placing your order.

4 CUSTOMER DELIVERABLES

The product range offered on the website may change from time to time and can be changed without any prior notice.

Natural materials often vary in colour and texture from piece to piece and over time, even when drawn from the same source.  Samples, photographs, and display settings provide only an indication of aesthetic characteristics. They should not be relied upon as an exact representation of material which is will be supplied.

All products are manufactured from natural materials (Softwood or Hardwood). Where possible we source timbers that have a reduced number of knots and natural flaws. However we cannot guarantee that any products will be free from these natural flaws. For the avoidance of doubt customers need to be aware that softwoods, although able to be lacquered, are best suited to being painted for the optimum finish

Where samples are supplied the customer is given a licence in respect of the sample strictly for the purposes of assessment of the sample. Customers are reminded that any copying of the designs or application of the designs reflected in the sample, for any purpose other than assessment of the sample, will be a breach of that licence. The customer agrees that in the event of breach the customer will compensate Us in full for any loss of business occasioned by that copying.

Certain goods advertised on this website may require you to provide certain deliverables to Us (such as image files of specific designs) which will be required by us in the manufacture of the goods ordered by you ("Customer Deliverables"). Wherever this is the case, full details of the Customer Deliverables and why they are required will be brought to your attention before you confirm your order in accordance with the order instructions.

In the event that you do not provide any Customer Deliverables in strict accordance with the requirements notified to you before placing your order, We will contact you and give you an opportunity to select one option from one or more of the following options:

Proceed with your order using the Customer Deliverables provided by you.

If you select this option We will apply our standard manufacturing process using whatever you have provided to Us. You may be disappointed with the final product. The full purchase price will nevertheless be payable.

Proceed with your order using the Customer Deliverables provided by you, as modified by Us.

If you select this option, Our in-house team will use their expertise to modify the Customer Deliverable provided by you in an attempt to make it more appropriate for its purpose, before applying our standard manufacturing process using that modified Customer Deliverable. If you select this option then the quality of the final product will ordinarily be better than if you select option (a), although We can give no guarantee. The full purchase price, plus a surcharge of £40 per man hour employed in the modification of the Customer Deliverable, will be payable.

Resubmit the Customer Deliverables in accordance with our requirements.

If you select this option we will wait for you to resubmit the Customer Deliverables and apply our standard manufacturing process using whatever we receive from you. If your resubmitted Customer Deliverable does not comply with the requirements notified to you before you submitted your order, We will proceed in accordance with option (a) above.

Cancel your Order.

If you select this option your order will be cancelled and We will refund any moneys paid by you, less a cancellation charge equal to 30% of the purchase price to compensate Us for administration charges and loss of profit.

Order and wish to return goods

If goods are ordered and for any reason not required (up to 10 lengths) we will charge a 40% re-stocking charge plus the cost of delivery and collection to return the goods. This fee is to cover packing, unpacking, administration, QC and restocking.
Where returns exceed 10 lengths charges will be commensurate. 


 

You agree to hold Us harmless and indemnify Us against all losses and liability incurred by Us as a result of Our use of the Customer Deliverables infringing (or being alleged to infringe) any rights (including any intellectual property rights which include, but are not limited to, copyrights, patents and trademarks) of any third party.

5 PRICES AND QUOTATIONS

Unless stated otherwise, all per unit prices quoted are exclusive of charges for packaging, packing insurance and delivery of the goods to your nominated delivery address.

Unless stated otherwise, all prices are exclusive of value added tax, which shall be payable by you in addition to the prices stipulated on this website subject to your receipt from Us of a VAT invoice.

Any other government duty or tax that is applicable shall be charged in addition by Us at the rate and in the manner prescribed by law from time to time.

Where you request that We deliver goods outside of the United Kingdom, you shall be solely responsible for obtaining all necessary licences, consents and the like required to lawfully import the goods in question into the country in question. You shall also be solely liable for any import duty, tax or the like imposed upon the import of those goods into that country.

6 PAYMENT

All payments to be made by you are to be made in pounds sterling.

You can pay for Products purchased from Us by using any of the credit or debit cards which are displayed on the payment pages of this website. Any other methods of payment are accepted at Our sole discretion.

Online payment is made by way of our secure payment site which uses secure connection and encryption methods and technology to ensure data integrity and confidentiality at all times.

All credit and debit card payments are subject to validation checks and authorisation by the relevant card issuer. We will not deliver any goods to you nor provide any services prior to these checks and authorisations being successfully completed. If your card issuer refuses to authorise payment to Us, We cannot accept your order and will not be liable for any consequent delay in delivery or non-delivery.

Should We agree to accept payment by cheque, We cannot despatch your order until the cheque issuer honours the cheque and We will not be liable for any consequent delay in delivery or non-delivery in the event that the cheque issuer declines to honour your cheque.

In the event that We grant you credit facilities (which shall be at Our sole discretion), We shall be entitled to invoice you for the price of goods and services delivered or provided to you (as appropriate) at any time on or after delivery or commencement of the performance of services. If goods or services are delivered or performed in instalments, then We shall be entitled to invoice you in instalments.

We shall be entitled to withdraw or amend any credit facility granted by Us to you at any time and for any reason.

In the event that We grant you a credit facility, then unless specified otherwise by Us, all invoices submitted must be paid by you in cleared funds within 14 days of the date of invoice.

Regardless of the method of payment used by you, you shall not have any right of deduction, set-off or abatement on any grounds.

In the event that you fail to pay Us for any goods delivered or services provided to you by the due date, then We reserve the right to:

charge to you in addition to the purchase interest on all overdue sums at a rate of 10% above the base lending rate from time to time in force of Barclays Bank plc. Such interest will accrue before as well as after any judgment; and

dispose any of your property in Our possession on giving you 21 days notice and apply the proceeds of any such sale to satisfy your debt to Us.

7 DELIVERY

All orders accepted by Us will be delivered to your nominated delivery address using an insured courier. Delivery costs vary dependent upon your nominated delivery address and the size of your order. The cost of delivery is payable by you in addition to the price of the goods and will be advised at the time you order.

At the time you place an order, We will provide you with an estimated delivery date. In normal circumstances We endeavour to dispatch orders within 5-7 days of receipt of payment in cleared funds or receipt of any deliverables required from you (see clause 4), whichever is the later. Whilst We use reasonable endeavours to meet delivery dates provided by Us, time of delivery shall not be of the essence of any order accepted by Us and We shall not be liable to you for any loss or damage suffered by you as a result of any delay in delivery.

You should inspect any goods delivered to you as soon as possible and inform Us in writing within three days of the date of delivery of any damage to the goods delivered or of any incomplete delivery. If We do not receive any written communication from you within this three day period then you shall be deemed to have accepted the order in question.

From time to time, We may deliver goods to you or perform services in instalments. In the event that any amount is over-due from you to Us, We reserve the right to suspend further deliveries or performance until you have paid to Us in cleared funds all overdue amounts.

Please note that We will not consider any claims for non-delivery unless you notify Us in writing of your claim within seven days of the date of the relevant invoice and any failure by you to give notice within this period shall be deemed to be a waiver of your right to claim.

8 RISK AND TITLE

Risk of damage to or loss of the Products shall pass to you upon delivery.

Title in the Products shall pass to you upon receipt by Us of payment in full.

9 GUARANTEES

We will use Our reasonable endeavours to transfer to you the benefit of any manufacturers warranty or guarantee provided to Us applicable to the goods or services in question.

Please note that where you purchase goods from Us which have deviations or faults which are made known to you prior to placing your order then such goods are sold in their actual state "as seen". You will not have any claim against Us in respect of any such known faults or deviations.

All images provided for products on the website are supplied as a visualisation, which are shown where possible true to scale. You will not have any claim against us if the dimensions differ in the product where supplied. We will use our best endeavours to ensure that the products supplied match the visualisations as closely as possible taking account of any deviations caused in the manufacturing process.

10 RETURNS

Return of Faulty Goods – Replacement and Refunds

If you believe that any goods We have delivered to you are faulty and you wish to claim a replacement or refund then you should inform Us of this by emailing Us on enqueries@periodmouldings.co.uk within 3 days of the goods in question being delivered.

You must return the goods to Us (at your own cost) within 30 days complete in their original packaging and with all accompanying documentation. Please note that you bear the risk of damage to goods during transit and We therefore recommend that you use an insured courier service.

Following receipt of the goods, one of Our technicians acting reasonably will validate the fault you have identified and We endeavour to do this within two working days. If the fault is found to be valid then We will replace the goods or refund the price paid by you, including your reasonable and proper costs in returning the goods to Us.

If following Our inspection any fault is found not to be valid then We shall inform you of this and return the goods to you. Please note that We shall be entitled to charge you for the cost of this return delivery.

11 DISCLAIMERS

Nothing contained in these Terms and Conditions shall act so as to exclude or limit Our liability for death or personal injury caused by Our negligence nor for fraudulent misrepresentation. Subject to this, Our entire liability to you in relation to the supply of goods and services to you shall be limited to the amount We have received from you for the goods and / or services relating to the claim in question. In no event shall We be liable to you for any indirect or consequential loss (such terms to include, but not be limited to, loss of profit, loss of business, loss of anticipated savings, damage to reputation and / or damage to goodwill).

12 RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that (save in respect of Customer Deliverables) all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of this website/brochure/sample and any other information, drawings, materials, products, samples or the like supplied by Us to you shall remain at all times vested in Us or Our licensors (as appropriate).

The Period Mouldings name and all other names, images, pictures, logos and icons identifying Us or Our goods and services are, unless otherwise stated, trade marks or trade names of Us in the UK and other countries. Other product and company names mentioned in this website may be trade marks of their respective owners.

You may print parts of this website in connection with ordering goods or services from Us but you may not use any materials contained in this website for any other purpose without first obtaining Our written consent. You may print a copy of these terms and conditions by clicking here.

13 TERMINATION

Without prejudice to any rights or remedies which may have accrued to Us or you, We shall be entitled to terminate your use of this website and / or any order placed by you and accepted by Us:

by written notice in the event that you breach any of these Terms and Conditions and, in the case of a breach which is capable of remedy, you fail to remedy the breach in question within 28 days of a request from Us to do so. We shall not be liable for the delivery of any goods to you nor for the performance of any service during such 28 day period;

immediately by written notice in the event that, should you be a corporate entity, there is a change in your control or ownership (as defined by Section 416 of the Income and Corporation Taxes Act 1988 (as amended));

immediately in the event that you make any voluntary arrangement with your creditors, become bankrupt, become subject to an administration order or go into liquidation (unless it for the purposes of a bona fide amalgamation or reconstruction) or an encumbrancer takes possession or a receiver is appointed of any of your property or assets or We have reasonable grounds to believe that any of the foregoing occurrences is likely to occur to you; and / or

if you are a business, you cease to or threaten to cease to carry on business.

Upon termination for whatever reason, notwithstanding any credit terms which We may have granted you, all sums due from you to Us shall immediately become payable.

14 NOTICES

Notices may be served by personal delivery or by first class post, by facsimile, or (where expressly stated in these Terms and Conditions) by email.

Notices shall be deemed to be served:

on delivery when delivered personally;

on receipt of a printout confirming due transmission when transmitted by facsimile; or

two (2) days after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed, or

upon despatch when delivered by email.

In each case provided that where delivery is made or deemed to be made outside of Our usual business hours and / or on a Saturday, Sunday or Public Holiday in England and Wales, delivery shall be deemed to occur at the start of trading on the next weekday.

15 LAW AND JURIDICTION

The law of England and Wales will apply to these Terms and Conditions and to any purchase of any goods or services from Us. The courts of England and Wales shall have exclusive jurisdiction.

16 MISCELLANEOUS PROVISIONS

To help Us ensure the best possible service standards, telephone calls may be recorded.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without Our prior written permission.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and We ignore this fact, We will still be entitled to use Our rights and remedies at a later date or in any other circumstances where you breach these Terms and Conditions.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

These Terms and Conditions represent the entire agreement between you and Us in relation your use of this Website and / or the purchase by you of any goods or services from Us and supersede all prior agreements, arrangements and undertakings between you and Us relating to the use by you of this website and / or the purchase by you of goods or services from Us.

The headings used in these Terms and Conditions are to assist interpretation and shall not affect the construction of these Terms and Conditions.

In these Terms and Conditions, references to the singular shall include the plural (and vice-versa) and references to persons shall include bodies corporate and all other legal entities. References to any statute or statutory provision shall include any renewal or re-enactment.

Nothing contained in these Terms and Conditions shall create a relationship of principle and agent, employer and employee and / or partnership or joint venture between Us and you. Neither Us nor you shall have the authority to enter into any agreement or make any promise or representation on the behalf of the other.

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