Terms and conditions of sale
These terms and conditions form the basis on which you visit us and our website. Please read this important information carefully.General terms and conditions - in summary
Paying for your order
Purchases paid for on-line are shipped within 7-14 working days after payment received or sooner if possible. Purchases may be paid for by visa debit or credit card (no charge for visa and as at 15th January 2018 the law changes so that no charges can be levied against credit cards either - click here for more info), paypal (email@example.com), bank transfer (the details supplied on your invoice) or paid for by cheque (made payable to JF Ashburner) are shipped within 24 hours of confirmation of clearance of payment within 5-14 working days after payment is confirmed as cleared.
Payment for online orders is automatically taken at point of order which reserves product and before cutting and manufacture commences.
Our terms of payment are strictly payment before production. In exceptional circumstances, at the discretion of the Company, extended terms of seven days may be given. On rare occasions, 30 days or an agreement for payment of 50% up front and the rest on delivery is available.
Should payment not be received within any agreed time frame, a claim will be made through the Small Claims Court (https://www.moneyclaim.gov.uk) and reimbursement of the Court fees will be payable by the non paying client as defendant.
This claim for payment through the Courts will be made after the Company has reminded the client of the due debt by email and, if possible by telephone and will include a daily rate of interest at 8% p.a. pro rata, or £2.50 per day whichever is the greater after the invoice due date.
Cancelling you order
In the case of a need to cancel an order, notification should be emailed within 24 hours of submission of order to enable cancellation and before payment has been made. If work has already begun on an order, then no monies will be refunded as we need to cover the cost of admin, labour and cost of the product which we are unable to re-sell.
Returns and refunds
We very rarely get complaints or requests to return products for a refund but when we do, we're happy to consider all options. The most important thing to remember is that its not that is a problem but how we deal with the problem.
If a customer would like to return a product then the first port of call is that they contact us, maintain civilities, do not threaten or act defensively which helps us work out the best way to proceed with matters.
In the first instance, a friendly email is appreciated, to which we will respond and suggest that the Terms and Conditions below are read and considered. We know of other small businesses who have received aggressive, defensive and nasty phone calls (usually eventually finding out that the customer had made a mistake and was attempting to transfer blame). This is particularly hard on small businesses who hand make products and don't produce to a mass manufactured spec which some customers seem to expect - rather than consider the work that has gone into the production of their purchase.. if this were to happen with us we make it policy to ask the caller to refer to these T&Cs, send the product back with a written explanation and promise to take it from there. We prefer everything in writing.
Custom orders - non stock items
Custom ROOF coats (non stock items) are made to order.
We reserve the right to refuse to supply a customer with a ROOF coat or coatbag without reason.
It is the responsibility of the customer to check on the size of the ROOF they require, what production technique is used in the manufacture of the product, the price they are paying for it and the postage amount charged (which is set by Royal Mail not us). Postage costs do not just cover the cost of sending the goods to the client by first class recorded, they cover the cost of the packaging, the information card and any storage bag which may be included in the shipment.
If a product is received unfinished or in a damaged state (not as a result of postage but as a result of sending it out in that condition) or does not match the description of the goods when purchased then of course we will accept the returns back and the return postage cost as well as the cost of the purchase and postage in the first instance will be fully refunded with no quibble. We may on some occasions also offer to refund and replace as a gesture of good will.
We are not however obliged to accept returns of goods just because a customer receives it, doesn't like it, thought it would be something different to what was received and any number of possible reasons that might be considered a justification for sending the goods back for a refund. In cases like this we will consider the manner in which we are contacted and make a best business practice decision on whether to offer a partial or total refund of the cost of the goods and/or postage, and whether to accept the return of the product at all. Really, if an order is placed for an item which is made to order, there is generally enough time for consideration and understanding of what is actually being purchased before checkout and these decision are always voluntary and would refer you to the section below on our approach to telephone calls.
We reasonably request that goods are purchased through our website and from us in general on the accepted understanding that our products are made to order and supplied in good faith.
If of course we are totally at fault and have sent you the wrong item, the wrong size of product or the wrong fitting and fixtures - please return it to us and we will alter it, replace it or refund it. No quibble.
In the event that a customer places repeated orders and then return goods to us for a refund, we will charge an administration fee of £50 which will be deducted from any monies to be refunded. We are not a catalogue or mail order business.
Refunds will be made by us to the customer via the same method that payment was originally received and 60 days of the date of receipt of goods or in the case where a refund is requested before goods shipped, 60 days from the date of order cancellation.
Shipping your goods to you
Carriage costs are determined by the customer at point of sale and we are bound by the charges set by Royal Mail.
For orders weighing less than one kilo, we usually ship via the post office by Recorded first class post, for orders weighing in total over one kilo we usually ship via land courier (UK orders only) which is more cost effective for everyone.
We offer the option for Special Delivery which should be requested specifically by the customer and be paid for in addition to postage costs as quoted.
Orders to a value of less than £700 are not sent by recorded post unless specifically requested and paid for and by not requesting for this additional postal service, they are 100% responsible if the goods do not arrive. We send everything by recorded post to avoid confusion on delivery - in the past unscrupulous customers claim that goods have not been delivered when they have in fact been delivered.
In the event there is a shortfall on shipping cost for an order, we will send an invoice or paypal balance request for the difference and goods will be shipped once these have been paid. If the goods are sent out urgently and paypal monies are payable, those charges will remain payable in full to complete the order.
We do not take responsibility for non delivery of goods by Royal Mail - and we cannot trace goods once they have been shipped from our offices if they have not been sent by Recorded or Special Delivery.
We keep a log book of shipments made on a daily basis, as well as a Certificate of Posting from The Post Office for everything we send out.
We monitor quantities of stock (where relevant) in house which corresponds with goods in and out of our warehouse. Once the product has been purchased and carriage specified by the consumer, the product no longer remains the property of the Company and we are therefore not liable for the product. Please contact us for further clarification on this if required.
All goods are rigorously checked and quality tested before shipment.
The Company accept no liability for inappropriate use or loss in transit of their products. Product care instructions are included with each item, and should be followed closely.
Please be aware that calls are frequently recorded for quality and training purposes. Abusive language, threats and calls are not acceptable.
This website is owned and operated by Jo Ashburner. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, please contact us at firstname.lastname@example.org.
General terms and conditions - in summary
1. The contract between us, the Company and you, the consumer / client
We must receive payment of the whole of the price for the services that you order before your order can be accepted and processed. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including COPYRIGHT of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
The services will be provided within an agreed timescale, and time is not of the essence of the contract.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for services that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.
10. Cancellation rights
10.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)
10.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.
10.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
10.4 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
10.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
11. Cancellation by us
11.1 We reserve the right not to process your order if:
11.1.1 We have insufficient staff or resources to deliver the services you have ordered;
11.1.2 We do not provide services to your area; or
11.1.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
11.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 28 days.
12. If there is a problem with the services
12.1 If you have any questions or complaints about the services please contact us. You can do so by emailing us on email@example.com. We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
13.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
13.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
13.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit 2, Players Industrial Estate, Clydach, Swansea SA6 5BQ and all notices from us to you will be displayed on our website from time to time.
15. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
16. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
19. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
I/We at ROOF are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
• To register you with our website and to administer it.
• For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
• In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
• If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is 01792 844676 or you can e-mail us on firstname.lastname@example.org.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to: ROOF, Unit 2, Players Industrial Estate, Clydach, Swansea SA6 5BQ.