1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you whether these are goods and services.
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 goods 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 require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Smet UK Limited a company registered in England and Wales. Our company registration number is 5932188 and our registered office is at 2 Station Road West, Oxted, Surrey, RH8 9EP. Our registered VAT number is 879 39 37 50
2.2 How to contact us. You can contact us by telephoning our customer service team at 0333 900 1010 or by writing to us at email@example.com and/or 2 Station Road West, Oxted, Surrey, RH8 9EP
2.3 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.
2.4 "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. These terms will apply to your purchase of goods and services if applicable (comprising the installation of goods) from us and may only be changed by prior written authorisation. These terms together with our acceptance of your order will constitute the contract between you and us for our supply and your purchase of goods and services. Any quotation given by us shall not constitute an order, and is only valid for 60 days from its date of issue. We may extend this period at our discretion.
3.2 The Order shall be detailed in a written confirmation summarising the goods and services ordered, a detailed specification of the goods to be supplied and services to be provided. Once the order has been completed and signed by you and returned by us as accepted the order shall be deemed to have been accepted by us unless you notify us to the contrary within 7 days of you signing it (in which case we shall promptly refund any sums paid by you in respect of the order).]
3.3 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 a credit reference we have obtained for you does not meet our minimum requirements, 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.
3.4 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.
3.5 Your warranty. By entering into a contract with us, you warrant to us that you have the right to contract with us to supply the goods and services at your property where they are to be delivered, installed and provided.
4. Our goods
4.1 Plans, designs or illustrative concepts we prepare for you remain our property and may not be reproduced in whole or in part without our written consent. An initial plan and a final plan are included in the price quoted but any additional plans will be charged at £575 plus VAT
4.2 Goods may vary from their pictures. The images of the goods in our brochure drawings/images are for illustrative purposes only and our goods may vary from those images. Although we have made every effort to be as accurate as possible, because our goods are handmade, colour variation and all specifications and measurements are subject to variations and normal manufacturing tolerances. You must rely on your own skill and judgement in determining the fitness or suitability of the goods for any particular purpose.
4.3 Making sure your measurements are accurate. Most orders are subject to a detailed survey to undertake measurements and specifications for the goods. This survey process will require you to approve the final specification of the goods you have ordered. By signing the order form, you are agreeing to the specification of the goods ordered and authorising us to manufacture the goods to this specification. You agree that whoever you agree to attend the survey on your behalf and sign the order form will be acting as your agent and their authorisation of the specification of the goods will be binding on you.
4.4 Using your measurements. In the event measurements and specifications are provided to us either by yourself or through another subcontractor that you have engaged then you are responsible for ensuring that those measurements are correct. By signing the order form, you are agreeing to your specification of the goods ordered and authorising us to manufacture the goods to your specification. You agree that whoever signs the order form on your behalf will be acting as your agent and their authorisation of the specification of the goods will be binding on you
5. Your rights to make changes
5.1 If you wish to make a change to the goods 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 goods, the timing for delivery or anything else which would be necessary because 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 goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements including but not limited to any changes to Building Regulations; and
(b) to implement minor technical adjustments and improvements, for example to address a safety aspect.
7. Providing the product
7.1 Delivery and installation costs. We will deliver the goods and supply the services to the place noted in the order as the delivery address. The costs of delivery and installation will be as told to you during the order process and contained in the written quotation.
7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you and provide an estimated delivery date and installation date.
7.3 We are not responsible for delays outside our control. If our delivery or installation of the goods is delayed by an event outside 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. We will not be liable to you for any loss sustained by you if we fail to meet that delivery time scale, including for the avoidance of doubt loss of income or revenue, loss of business loss of anticipated savings, or any waste of time related to a cancelled installation appointment.
7.4 Delivery. You will ensure that someone is present to take delivery to make sure that there is access for the goods to be delivered and placed in a safe, dry environment.
7.5 Failed Delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
7.6 If you do not allow us access to install. If you have asked us to install the goods for you and you do not allow us access to your property as arranged (and you do not have a good reason for this) or we are forbidden for some reason from accessing your property we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
7.7 When you become responsible for the goods. The product will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect it from us.
7.8 When you own the goods. You own the goods once we have received payment (meaning cleared funds) in full.
7.9 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 goods to you and install them for you. 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 9.1) 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 or installing the goods late or not supplying or installing 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.
7.10 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 5).
8. Your rights to end the contract
8.1 You have ordered bespoke goods: All goods are bespoke and made to measure items. As such, they fall into the category of tailor made goods under the Consumer Contracts Regulations 2013 and (subject to clauses 8.2 and 8.3 below) you will therefore not be able to cancel your order for any goods once materials have been cut to your requirements, provided that this will not affect your legal rights as a consumer in relation to bespoke and made to measure goods that are faulty or not as described.
8.2 Right to cancel. Notwithstanding clause 8.1 above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within 7 calendar days starting with the date your order is placed. Your notice of cancellation should be in writing and will be deemed to take effect from the date of receipt.
8.3 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at in 8.2 above or where you have an undisputed legal right to do so the contract will end immediately, and we will refund you in full for any deposit or monies received.
9. Our rights to end the contract
9.1 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:
(a) you do not make any payment to us OR we are unable to collect payment from you
(b) when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(c) you do not, within a reasonable time, allow us to deliver the goods to you and install them or collect them from us;
9.2 You must compensate us if you break the contract. If we end the contract in any of the situations set out in clause 9.1 above and the manufacturing of the goods you have ordered has already started, we will not (due to the goods being bespoke and made-to-measure to your requirements) refund any money you have paid in advance for such product(s) and we may also be entitled to further compensation.
10.1 We warrant to you that on delivery, and for a period of 36 months from the date of delivery (warranty period), the Goods shall:
(a) Conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
11. If there is a problem with the product
11.1 If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 0333 900 1010 or by writing to us at firstname.lastname@example.org and/or 2 Station Road West, Oxted, Surrey, RH8 9EP
11.2 Summary of your legal rights. We are under a legal duty to supply goods and services that are in conformity with this contract. Nothing in these terms will affect your legal rights in relation to any non-conformity.
12. Price and payment
12.1 Where to find the price for the goods. The price of the goods will be as set out in the quotation.
12.2 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery and installation costs) in full before the change in the rate of VAT takes effect.
12.3 When you must pay and how you must pay. You must pay for the goods (including delivery and installation costs) before we dispatch them on the following basis:
10% of the quoted price upon the order being accepted;
40% of the quoted price upon the materials being received prior to production; and
50% of the quoted price prior to delivery.
12.4 We can charge interest if you pay late. If you do not make any payment to us OR If we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of 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.
12.5 We reserve the right to increase the price of the Goods, by giving you notice at any time before delivery, to reflect any increase in the cost of the Goods to the Company that is due to any factor beyond the control of the Company (including increases in taxes and duties, and increases in labour, materials, parts, manufacturing costs or transport, changes in delivery schedules or quantities or any other costs of any kind arising for any reason after you have placed the order. This includes currency fluctuations between the Euro and Sterling, relating to Goods manufactured and sourced in Europe and imported into the UK, exceeding 7.5 % in the period from you placing the order and you taking delivery of the goods.
13. Our responsibility for loss or damage suffered by you
13.1 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, except as set out in clause 13.2 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.
13.2 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 goods, or the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and, where installed by us, correctly installed; and for defective goods under the Consumer Protection Act 1987
13.3 When we are liable for damage to your property. If we are installing the goods or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We are not liable for business losses. The goods will be supplied for domestic and private use. If you use the goods 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.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 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. However, you do not need our agreement to transfer the benefit of our guarantee in clause 10.1.
15.2 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, except as explained in clause 14.1 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
15.3 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.
15.4 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. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts.
15.6 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.