Terms & Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Event Outside Our Control: is defined in clause 10.2; Goods: the goods that We are selling to you as set out in the Order; Order: your order for the Goods and/or Services as set out in our quotation/order form; Services: the services that We are providing to you as set out in the Order; Terms: the terms and conditions set out in this document; and We/Our/Us: Plymouth Man For All Seasons Limited of; Unit 7 Reynolds Park, Bell Close, Plympton, Plymouth PL7 5LJ.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you agree to the Order. If you think that there is a mistake or require any changes, please contact Us to discuss.
2.2 When you agree to the Order, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.3. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.
2.3 These Terms will become binding on you and Us when We contact you to tell you that We are able to provide you with the Services or the Goods, at which point a contract will come into existence between you and Us.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements. You may make a change to the Order for Goods and/or Services only with our written agreement. Where this means a change in the total price of the Goods and/or Services, We will notify you of the amended price in writing.
4. DELIVERY OF GOODS
4.1 Where Goods are ordered, please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. We will contact you with an estimated delivery date and delivery charges. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 10 for Our responsibilities when this happens. Delivery of an Order for Goods shall be completed when We deliver the Goods to the address you gave Us and the Goods will be your responsibility from that time. You own the Goods once We have received payment in full.
5. IF THE GOODS ARE FAULTY
You have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. GUARANTEES AND WARRANTIES
Unless otherwise expressly stated, the Goods and Services do not come with any guarantee or warranty. This does not affect your legal rights in relation to Goods and Services that are faulty or not as described.
7. PROVIDING SERVICES
7.1 We will supply the Services to you from the date agreed between Us in writing until the estimated completion date set out in the Order. We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens.
7.2 We will need certain information from you that is necessary for Us to provide the Services. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked.
7.3 If you do not pay Us for the Services when you are supposed to as set out in clause 9.2, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 9.3.
8. IF THERE IS A PROBLEM WITH THE SERVICES
In the unlikely event that there is a problem with the Services or Goods please contact Us without delay and follow our complaints policy, which is available upon request.
9. PRICE AND PAYMENT
9.1 The price of the Goods and/or the Services will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that have already been confirmed. If the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
9.2 Where We are providing Goods to you, you must make payment for Goods in advance in cleared funds as soon as requested by Us. Where We are providing Services to you, We may ask you to make an advance payment of some or all of the price of the Services. These sums are due in cleared finds as soon as they are requested by Us. Your rights to a refund on cancellation are set out in clause 11. We will invoice you for the balance of the Services on or any time after We have performed the Services.
9.3 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc 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. You must pay Us interest together with any overdue amount.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 Where you are a consumer you have the right to cancel an Order for Goods (other than made-to-measure Goods) and/or Services in accordance with your rights to cancel under the Consumer Contracts Regulations. Where they apply, We will provide you with further details of these rights separately.
11.2 Other than where clause 11.1 above applies, once We have confirmed your Order to you, you may only cancel the contract by giving Us written notice if We break this contract in any material way and We do not correct or fix the situation within a reasonable time of you asking Us to in writing. The contract reference number must be stated.
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 We may have to cancel an Order due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens:
(a) We will promptly contact you to let you know; and
(b) if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.
12.2 We may cancel the contract at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to. This does not affect Our right to charge you interest; or
(b) you break the contract in any other material way and you do not correct or fix the situation within a reasonable time of Us asking you to in writing.
13. INFORMATION ABOUT US
We are a Limited Company (Company No: 1208 2975) based in England and Wales under the name Plymouth Man for all Seasons Limited. Our address and other contact details are on our quotation/order form.
14. OTHER IMPORTANT TERMS
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
14.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.3 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.
14.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.