Terms & Conditions
1.1 These terms and conditions (Terms) are issued by Simply Surfacing Ltd (the Company). They apply to the entire contents of the websites under the domain name www.simplysurfacing.co.uk (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and the Company.
1.2 By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.
1.3 The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.
1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.
1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.
2 USE AND CUSTOMER ACCOUNT
2.1 You warrant that any information that You provide when You register as a customer is accurate and complete in all respects and You will notify the Company of any changes to that information.
2.2 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following registration.
2.3 You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that You are not authorised to use.
2.4 We may disable any account where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.
2.5 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.
3 USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY
3.1 The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is the exclusive property of the Company.
3.2 Any content contained in sponsor advertisements or any information presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to the Company. This includes all text, graphics, images, photographs, video and sound material.
3.4 It is a breach of copyright to use photographic images found on any part of the Website without gaining the Company’s prior permission. If You would like to use an image found on the Website, please contact the Company for further details.
3.5 Any trademarks of the Company will be listed in this section where appropraite.
3.6 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
3.7 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.
4 VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to the Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above.
5 LINKS TO THIRD PARTY WEBSITES
5.1 This Website may contain hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
5.2 Any links to third party websites on this Website are provided solely for Your convenience. If You use these links, You shall leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
6 LINKS TO THE WEBSITE
6.1 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.1.1 You do not remove, distort, otherwise alter the size or appearance of the Company logo;
6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms of Clause 6.1.
7 INFORMATION MANAGEMENT AND SECURITY
7.2 When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.
7.3 Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings.
8 DISCLAIMER OF LIABILITY
8.1 By entering the Website You agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.
8.2 All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
8.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
8.4 The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions You may wish to make. Instead You should consult an appropriate professional in order to obtain specific advice tailored to Your situation.
8.5 Although the Company takes all reasonable steps to ensure that the Website is safe for users it is possible that material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
8.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
8.7 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.
8.8 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.
9.1 Our liability to you for death or personal injury caused by our negligence is not limited.
9.2 We will not be responsible for any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website, or Your downloading of any material from this Website or any websites linked to this Website.
10.1 These Terms shall be governed by and construed in accordance with English law, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
Product Terms & Conditions
1 ORDERING PRODUCTS
1.1 In these terms and conditions:
1.1.1 "Business Account" means the account established between us and a Business;
1.3 If you are a Consumer you must be over 18 to place an order via our Website.
1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including VAT) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered. VAT Registration details will also be included to enable you to utilise this confirmation as a VAT receipt should this be required as a result of your purchase.
1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.
1.7 Save where you hold an Account, we shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.8 If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.9 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.
1.10 You can only deliver multiple Products ordered over the Website to one address. If you need to deliver to more than one address please contact us.
1.11 Products may vary slightly in appearance from those depicted on the Website within reason.
2 REGISTRATION AND WEBSITE USE
3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
3.3 We may deliver certain product variations depending on season. Any other special Product information, for example, shelf life, shall be shown on our Website.
3.4 Some Products may be harmful or poisonous, if you require further information before submitting an order please contact us.
3.5 It is an offence under legislation to sell volatile substances or solvent-based products to or for a person under the age of 18, and the product is likely to be inhaled for the purposes of becoming intoxicated. This offence applies even when it is known that another person is buying the product for the person under the age of 18. Solvents may be sold to persons under 18 for their normal intended use.
3.6 Any free promotional items are limited to one per order per customer. Promotional items and free gifts are subject to availability, we will not be held liable for non-delivery of a free or promotional gift.
4.1 The price payable for the Products that you order is shown on our Website.
4.2 The Website shall detail whether our prices are shown inclusive or exclusive of VAT and Prices are show exclusive of delivery which is charged separately. Delivery costs will be shown separately in the checkout before you enter your details for payment.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
5.1 We accept payment by credit and debit card and Bank Transfer. Unless you hold a Business Account we will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
5.2 If you hold a Business Account you will be invoiced in arrears and payment of your Business Account will be due in accordance with the agreed commercial terms of the Business Account or if no such terms are agreed then you will be invoiced imediatley and shall have 14 days to pay in full.
5.3 If you hold a Business Account interest shall be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6.1 We only deliver Products within mainland UK and the Isle of Wight. Where possible we will advise you of any restrictions before you place your order.
6.2 Delivery dates, times and delivery call-off times shall be detailed on the Website when you order Products.
6.3 For products delivered direct from manufacturer whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a third party for certain orders. In very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full.
6.4 Postal products are delivered by Royal Mail's 1st class post to addresses within the UK only. Next day delivery is available for orders received before 11AM Monday - Friday. Please note that we cannot guarantee delivery dates for this service. If the delivery date is critical, please choose an alternative delivery method or contact us.
6.5 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
6.6 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as a multi contractor site or multi business address. The signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
6.7 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.8 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
6.9 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you. We are unable to change any of the delivery details on day of dispatch for either postal or courier products.
6.10 During peak periods delivery dates may be moved forwards to ensure safe delivery is made before or on the intended day of delivery. We will attempt to notify you of these changes prior to the delivery being completed.
6.11 Any discounted delivery codes are to be processed during the checkout process and cannot be used post purchase. If a refund is required then it will be done to the value of the order.
7 IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law you have the right to cancel your contract before you receive the Products or to return any Products to us within 14 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy set out in clause 11.
7.2 Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not apply to:
7.3.1 Products supplied to your specification or which are personalised
8 REFUND POLICY
8.1 Refunds may occasionally be given at the discretion of the management.
9 IF PRODUCTS ARE DAMAGED OR FAULTY
9.1 In order for us to best help with any complaints we ask that they are brought to our attention within a reasonable period of time.
9.2 Wherever possible digital photographs of any damage should be forwarded with any complaint relating to damaged or faulty products.
9.3 If you want to return a Product to us other than in accordance with clause 9.2, because it was damaged when delivered or is faulty, please use our returns policy set out in clause 11. If you want a refund not a repair or replacement we will refund you the price and the delivery costs and the cost of returning it to us. Please send us a receipt for the return postage costs.
9.4 We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.
10 IF WE HAVE SENT YOU THE WRONG PRODUCTS
10.1 If we send you a Product that you have not ordered please use our returns policy set out in clause 11. If you return it to us we will refund the price, the original delivery costs and the cost of returning it to us.
11 RETURNS POLICY AND COMPLAINTS
11.1 If you are returning a Product in accordance with clauses 9 or 10 or you have a complaint please contact the Customer Services team via our contact us page. You will then be given a returns reference number. You must quote this number in all correspondence. Each return will be dealt with individually and the most appropriate action agreed with you.
11.2 Where Products are being returned to us we advise you to return Products by a secure postal method to the address given to you by our customer services representative and obtain a receipt as proof of returning it to us. If you have difficulties returning the Products, for example, by reason of their size, please contact us.
11.3 If you do not use the returns reference number on all correspondence it may delay our response to you.
12 CANCELLATION BY US
12.1 We reserve the right to cancel the contract between us if:
12.1.1 we have insufficient stock to deliver the Products you have ordered; or
13 OUR LIABILITY
13.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
13.2 Our liability to you for death or personal injury caused by our negligence is not limited.
13.3 Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.
13.4 We will not be responsible for:
13.4.1 any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or
14.1 If any part of these Terms are 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.
15.1 All notices from you to us must be in writing and sent via our contact us page. All notices from us to you will be displayed on our Website from time to time.
16 EVENTS BEYOND OUR CONTROL
16.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
17.2 By placing an order with Simply Surfacing you are agreeing to receive promotional information from Simply Surfacing via email. Please send an email to email@example.com if you do not wish to receive promotional information.
18 THIRD PARTY RIGHTS
18.1 A person who is not a party to this agreement has no right under Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19 GOVERNING LAW
19.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.