Terms & Conditions (Business)
PLEASE READ THESE TERMS CAREFULLY
1. STATUS OF CONTRACT
1.1 - These terms and conditions represent a legally binding contract between Truly PVC Limited (“Truly PVC”, “us”, “we” or “our”) and the Client (“Client” or “you”) and shall apply to all contracts for the supply of goods by us. In addition to these Terms and Conditions, our Privacy and Cookies Policy applies to all contracts.
1.2 - Each time an order is placed with Truly PVC through the website or directly with us, the user will be deemed to have accepted these terms and conditions
1.3 - The website is intended for Clients in the UK and all prices are in UK pounds sterling.
2. ABOUT US
2.1 - Truly PVC Limited is registered in England and Wales under company number 06783492 and our registered office address is 259 Stockport Road, Ashton-under-Lyne OL7 0NT. We can be contacted by email at firstname.lastname@example.org, or by calling 0161 339 4962 during our opening hours.
2.2 - We shall use reasonable endeavours to ensure that we meet Clients’ expectations in accordance with these Terms and Conditions.
3. GENERAL TERMS
3.1 - Users of our services must be at least 18 years old and be legally capable of entering into binding contracts.
3.2 - If you are entering into this agreement on behalf of a company or other legal entity or person, your continued use represents to us that you have the authority to bind such entity or person to these Terms and Conditions. We reserve the right to verify a user’s identity and also to carry out any checks we determine are appropriate in the circumstances.
4.1 - Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
4.2 - The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
4.3 - References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
5.1 - In these Terms and Conditions, the following meanings shall apply:
“Client” and “You” - refers to any user registered as an individual, or company, that places an order on the website
“Company” - refers to Truly PVC Limited, or an authorised representative of such
“Goods” - refers to products sold by Truly PVC
“Order” - refers to an offer made by the user to purchase goods from Truly PVC
“Shipping” - refers to the arrangements for delivery of an order placed with Truly PVC
“Transit” - refers to the time when goods are being transferred to the Client by Truly PVC or back from the Client to Truly PVC
“Website” - refers to our website, www.trulypvc.com
6. PLACING AN ORDER
6.1 - All quotations, whether in writing or verbal shall constitute an invitation for you to do business with us and shall not be an offer which is capable of being accepted by you.
6.2 - Once an order is placed on the Truly PVC website, or through direct means, you will receive confirmation of an order from us. This will indicate if your order has been accepted by us. It is your responsibility to ensure that all the details of the order are accurate and complete.
6.3 - We reserve the right to change or reasonably modify the delivery of an order as necessary to meet our operational needs or in order to comply with health and safety obligations.
6.4 - We do not guarantee goods will be available for delivery or collection at a certain time or date, but endeavour to inform the Client of the schedule for delivery where possible.
6.5 - We may reject any order at our sole discretion. You will be notified of any orders that are rejected or that we are unable to fulfil. We reserve the right to reject any order and do not have to give any reason to do so.
7. BESPOKE ORDERS
Bespoke Items, such as glazing bars, roof sheeting and extra euro cylinder keys may incur a restocking fee or be non-refundable. Bespoke Items are those which are not normally stocked by the Company or items which are subject to cutting and locksmith work. Further details for returning bespoke items are specified in our Returns Policy.
8.1 - All prices shown online and quoted to you are inclusive of VAT. We will provide a VAT receipt to trade Clients on request.
8.2 - Prices are subject to change without notice and you should check the applicable price on your confirmation document from us.
8.3 - We must receive payment for the whole of the price of the goods you order including any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
8.4 - Under this contract, it is agreed that time is of the essence for making payment for all orders placed and any further costs as specified by us.
8.5 - By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
8.6 - Clients shall be held liable for any legal charges or bank fees incurred by Truly PVC for payments which are not processed as standard or for any payments which are returned or unauthorised.
8.7 - Clients shall not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
8.8 - We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
8.9 - Payments can be made online through our payment providers, who will take payment via PCI DSS compliant systems that protects a user’s payment details. We do not have access to the payment details for a transaction carried out via the website.
9.1 - We endeavour to despatch most orders placed within 1 working day, where possible we will dispatch orders on the same working day if payment is received before 1.00pm. Accurate dispatch times can be found on individual product pages.
9.2 - Any orders received after 1pm on Friday will not be processed and dispatched until Monday, with the exception of Bank Holiday Mondays.
9.3 - Due to the size and nature of some products we offer restricted delivery options. Delivery options can be selected at the checkout page before payment Is made.
10. DELIVERY AND RETURNS
10.1 - Any dates quoted for delivery of the goods are approximate only and Truly PVC shall not be liable for any direct, indirect or consequential loss suffered by the Client arising from any delay in the delivery of the goods.
10.2 - All deliveries must be received, and where appropriate, signed for, by a person over the age of 18 years old.
10.3 - Delivery shall take place and risk shall pass to you upon the earliest of the following:
10.3.1 - goods are handed over to the Client or its agent at the Company’s premises, or
10.3.2 - the goods leave the premises of Truly PVC, or
10.3.3 - on the 7th day following notification to the Client that the goods are ready for dispatch.
10.4 - The Client shall within 7 days of the date of the invoice, notify the Company of any alleged defect damage, failure to comply with description, delivery failure or discrepancy or any missing items, components or products. If the Client shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the Contract free from any defect or damage and the Client shall be deemed to have accepted the goods.
10.5 - The Client shall be responsible for obtaining all necessary licences and permissions for the import of the goods into the country of destination.
10.6 - If your order is for an aerosol item, is over 1 metre in length and you live in a remote location such as the Scottish Highlands, offshore islands or Northern Ireland, we may not be able to fulfil your order or have to add a levy surcharge to cover the extra delivery costs to these areas. Further details are specified in our Delivery & Collection Policy available on our website.
11. COLLECTION IN PERSON
11.1 - Collection from our warehouse is available if you choose ‘Collect in Person’ as the shipping method when placing an order. You should provide a contact telephone number so that we can contact you about any issues with your order. Further details are specified in our Delivery & Collection Policy available on our website.
12. TITLE AND RISK
12.1 - Risk of damage to and loss of the goods shall pass to the Client upon delivery of the goods in accordance with clause 10.3 of these terms and conditions.
12.2 - Legal title to ordered goods shall pass to you only when you have paid for the Goods in full (in cleared funds).
13. CANCELLATION AND RETURNS
13.1 - If you wish to cancel an order before it has been shipped, please notify us as soon as possible by email to email@example.com or call us on 0161 339 4982. You are also advised to refer to our Returns Policy available on our website.
13.2 - If you are a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order before it has been shipped and up to 14 working days after receipt of the goods.
13.3 - If, pursuant to clause 13.2, you wish to cancel your order within 14 working days of delivery you must notify us and we will issue a full refund no later than 30 days after the date we receive the goods back from you. You should return any goods to us with their original packaging and in good condition within 14 days of receipt of the delivery.
13.4 - Under the Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a consumer has a duty to take reasonable care of the goods whilst in their possession and during the return back to us. Please ensure that any products returned are well packed to prevent damage whilst in transit. We cannot accept the return of items that have been fitted, modified or damaged whilst in your care or during return transit to us.
13.5 - Orders for bespoke items including those cut to your specification cannot be cancelled after preparation of the items has commenced. No refund will be given
13.6 - We reserve the right to apply a handling charge to returns which are not faulty or where the statutory provisions for consumer contracts do not apply.
14. LATE PAYMENT
14.1 - All queries relating to an invoice must be raised within 5 working days of the date of issue.
14.2 - Invoices not paid by the due date will be subject to interest at the rate of 4% per annum above the Barclays Bank Plc base rate, calculated on a daily basis, in accordance with Late Payment of Commercial Debts (Interest) Act 1998. Additional fees for administration and legal costs will also be added to the outstanding amount where credit control and enforcement action become necessary and as permitted by the aforementioned Act.
15.1 - If payment for goods is not received as due we shall be entitled to suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in material breach of an obligation under these terms and conditions.
15.2 - We may terminate services to Clients with immediate effect in the following circumstances:
15.2.1 - non-payment of any order as due;
15.2.2 - any unauthorised use of the website;
15.2.3 - any unauthorised sharing of an account with a third party;
15.2.4 - at the request of a law enforcement agency or other government agency;
15.2.5 - you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.
15.3 - Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
15.4 - We reserve the right to limit or prevent access to your account on Truly PVC on a temporary or permanent basis for any user, if there is a breach of our Terms and Conditions. If any user consistently breaches these Terms and Conditions, we may at our sole discretion block or limit access to the website.
15.5 - If you suspect or know that your account or bank account has been used fraudulently you must notify us immediately.
16. MANUFACTURER’S WARRANTY
Some of our goods are sold with a manufacturer's warranty or guarantee. Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
17. PRICES AND ACCURACY
17.1 - We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You are advised to check the current price and all other details before you place an order.
17.2 - We reserve the right to amend advertised prices at any time.
18. WEBSITE CONTENT
18.1 - We reserve the right at any time to change or discontinue without notice, any aspect or feature on this website including, but not limited to: information, images, photos, diagrams and specifications.
18.2 - Images on the website are for illustrative purposes only and may not exactly match the actual product.
18.3 - No information shall be construed as advice and information is offered for informative purposes only. We do not make any claim to the accuracy of any information published on this website, you rely on the information contained on this website at your own risk.
18.4 - It is the Client’s sole responsibility to ensure that any products ordered from us are suitably specified to meet requirements.
19. DATA RETENTION
Backup copies of reports, quotes and invoices are kept by the company should there be any issues with the website etc. however, we do not guarantee that copies of all files will be available at any time.
20. DATA PROTECTION
20.2 - Under the data protection legislation, data subjects have the right to access any data personal data kept by us through a Subject Access Request (SAR). To exercise this right or any other legal rights, data subjects must email us at firstname.lastname@example.org
20.3 - We retain the right to respond to legal requests as necessary.
21. ANTI-BRIBERY AND CORRUPTION
21.1 - The Client agrees not to engage in any activity, practice or conduct which would constitute an offence under anti-bribery or anti-corruption laws, regulations or codes including the Bribery Act 2010. This clause shall apply to all directors, employees, agents, representatives, contractors or other parties working on behalf of the Client.
21.2 - The Client agrees that adequate procedures are in place to prevent any person working on behalf of the Client and in any way connected to this contract, from engaging in any activity, practice or conduct which would infringe any anti-bribery and anti-corruption laws, regulations and codes including the Bribery Act 2010.
22. INTELLECTUAL PROPERTY
Truly PVC reserves the right to all intellectual property in relation to our website and the information provided. Use of the website does not give the user any ownership in the website its content or any trademark or logo used on the website by Truly PVC.
23. CHANGES TO TERMS AND CONDITIONS
These terms and conditions may be modified from time to time and you are advised to check those which are applicable at the time a contract is agreed with you.
24. DISCLAIMER AND WARRANTIES
24.1 - Truly PVC takes all reasonable care in delivery of goods under this Agreement but shall not be liable for any direct, indirect or consequential loss or damage suffered by the Client after delivery.
24.2 - To the full extent permissible by law Truly PVC disclaims all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of services, inability to use the website and any information or materials as provided under these Terms and Conditions.
24.3 - Nothing in these Terms and Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or any other liability which shall not be excluded or limited by law.
24.4 - All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
25. NO WAIVER
No failure or delay by Truly PVC in exercising any of its rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
26. FORCE MAJEURE
Truly PVC shall not be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Truly PVC.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
28. NO PARTNERSHIP
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these Terms and Conditions.
Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. We can be contracted by email to email@example.com. The postal address for all notices and correspondence is Truly PVC Limited, 259 Stockport Road, Ashton-under-Lyne, OL7 0NT.
30. JURISDICTION AND GOVERNING LAW
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.
© 2018 Truly PVC Limited | Business Terms and Conditions