Terms and Conditions
Trading Terms & Conditions For Telephone and Internet Orders.
The Terms and Conditions
Since our products are custom made to specification, the Distance Selling Regulations do not apply and refunds will only be provided post-delivery for goods that are deemed to be faulty, contrary to the Sale of Goods Act 1979. Should you decide to claim a refund based on the product being faulty, the product must be returned to us within fourteen days of receipt for our inspection, in the same condition and packaging as received by you. We are unable to refund shipping costs in such circumstances. Should the product be deemed to be faulty by us, we will dispatch a replacement product or a refund within 28 days.1 Definitions In this agreement: “Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance. “Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site. “Goods” means any of the Goods we offer for sale On Our Web Site “Content” means information in any form published on our web site by us or any third party with our consent.
We aim to deliver within 7 to 10 working days but If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
2 Our contract with you
2.1 these terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
1.1 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
1.2 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
1.3 Any custom design, colour, measurement or specification will be manufactured to our best ability but cannot be guaranteed under this agreement.
1.4 Any profile design or material ordered primed or unfinished will require some post production sanding/preparation before fitting and finishing.
1.5 Your order will be made bespoke and made to your own specifications. All items on our website are bespoke and supplied under a bespoke manner.
1.6 if we have not delivered your goods within this time you may:
i) Cancel your order
ii) Request an alternative product
1.7 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
Upon signing for delivery you accept that goods are received in good condition. Please do not sign for items that are damaged in transit as we may not be held liable for such damage
1.8 Courier charges cannot be refunded once delivery is made, and packages have been signed for in good condition.
2 Price and Payment
2.1 you must pay us the full price of your order before we will send any part of it.
2.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
2.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
2.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
3 Information you give us
3.1 you agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
3.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
4.1 Deliveries will be made by either Carrier or our own Delivery Service. We only offer a Kerbside Delivery. This is due to Insurance Proposes.
4.2 All items send on Tuffnells are sent on a 24 hour delivery service and it is up to the courier to deliver the items within this time frame. We cannot be held responsible for the courier failing to deliver within the specified time.
4.3 If at the Drivers discretion or customers request, he does help you into the building, we can’t be liable for any lost or Damage incurred.
4.4 Deliveries will be made by the Carrier to the address stipulated in your order. If no one is in to receive the order, if will be left safe for you.
4.5 We aim to deliver within 7 to 10 working days but If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
4.5 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
5. Taxes, duties and import restrictions
5.1 we have no knowledge of, and no responsibility for, the laws in your country of residence.
5.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
6 Return of undamaged goods will be accepted at our sole discretion.
6.1 If you do decide to return Goods and cancel your order, you must tell us you wish to cancel within 7 days of your receipt of the Goods;
6.2 In any event, you may not cancel orders for bespoke made Goods, nor for handmade, specially commissioned or personalised goods;
6.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel:
6.3.1 with both Goods and all packaging in their original condition;
6.3.2 securely wrapped;
6.3.3 including our delivery slip;
6.3.4 at your risk and cost.
6.3.5 All cancelled orders are subject to a 50% restocking charge, Plus a £25 Admin charge. This is deducted from the refund.
If you order has been despatched from our warehouse, you are liable to for all transport costs on cancelled orders.
6.4 we will credit your credit or debit card with the full purchase price of the Goods minus the 50% restocking charge & admin charge, no later than 30 days from the date we receive the returned Goods.
6.5 If you do not return the Goods to us, you are still liable to us for the cost.
6.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
6.7 As we are a bespoke company, there fore by accepting our terms and conditions,you are waiving your 7 day cooling off period.
6.8 If on inspection, your goods have been damaged in transit, Photographic evidence will be needed before Replacements can be sent.
7.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors.
7.3 We give no warranty and make no representation, express or implied, as to:
7.3.1 the adequacy or appropriateness of the Goods for your purpose.
7.3.2 The truth of any information given on Our Web Site;
7.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
7.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
7.3.5 Compliance with any law;
7.3.6 non-infringement of any right.
7.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
7.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
8 Content and Intellectual Property Rights
8.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
8.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement. You may download or copy the Content only for your own personal use,
8.3 provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9 System Security
9.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
9.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
9.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9.4 Examples of violations are:
9.4.1 accessing data unlawfully or without consent;
9.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
9.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
9.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
9.4.5 taking any action in order to obtain Goods to which you are not entitled.
9.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
9.5.1 any violation of system security as set out above;
9.5.2 your use of Our Web Site;
9.5.3 any other breach or violation of this agreement by you;
9.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
10 Indemnity you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
11 Contractual Limitation where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such goods.
12 Rights of third parties nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
13 Severability If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14 No Waiver No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15 Dispute Resolution In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
16 Force majeure we are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees
16.1 Acts of God or Pandemics
17 Governing Law This Agreement shall be governed by and construed in accordance with the law of England. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.