PLASTIC WOOD METAL – TERMS AND CONDITIONS OF SALE
This page (together with the documents expressly referred to on it, including our Privacy Policy and Terms of Website Use and Acceptable Use Policy tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on any of our websites, including www.plasticwoodmetal.com (our “site”) to you through our online sales platform.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”) to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in March 2015.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.2 To contact us, please see our Contact Us page.
2 Placing an order and how the contract is formed between you and us
2.1 You can purchase our Products by proceeding through our secure checkout pages.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 Your order constitutes an offer by you to purchase the Products in accordance with these Terms. You are responsible for ensuring that the terms of the order and any applicable measurements or specifications you provide are complete, accurate and adequately communicated to us.
2.4 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.5.
2.5 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched ("Confirmation Email”). The Contract between us will only be formed when we send you this Confirmation Email.
2.6 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.
3 OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 Although we make every effort to ensure our products are cut to your exact measurements we do have a tolerance of +/- 1mm, all of our plastic sheet products do have a thickness tolerance and you should consider this before placing your order.
3.3 The packaging of the Products may vary from that shown on images on our site.
3.4 If applicable, we will make the Products according to the measurements you provide us.
3.5 To the extent that the Products are to be manufactured in accordance with a specification supplied by you, you will be responsible for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use of such specification. This clause 3.5 shall survive termination of the Contract.
3.6 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements.
3.7 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4 USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
5 HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance our Privacy Policy. Please take the time to read this document, as it includes important terms which apply to you.
6 IF YOU ARE A CONSUMER
This clause 6 only applies if you are a consumer.
6.1 As a consumer, you have legal rights in relation to Products 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.
7 IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies if you are a business.
7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
8 OUR RIGHT TO VARY THESE TERMS
8.1 We may revise and amend these Terms from time to time in the following circumstances:
8.2 Every time you order Products from us and confirm your acceptance to the Terms by entering your password, the Terms in force at the time you submit your order will apply to the Contract between you and us, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Product).
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9 YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, provided you have not used the product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Confirmation Email.
9.10 If you are dealing as a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10 DELIVERY
10.1 Your order will be fulfilled by the estimated delivery date set out in the Confirmation Email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 If no one is available at your address to take delivery, we will, where possible, leave the Products in accordance with your additional delivery instructions provided during the order process. If no additional delivery instructions are provided by you, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery and you will be responsible for any additional delivery costs.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
11 INTERNATIONAL DELIVERY
11.1 We are able to do international deliveries through our International courier services, however delivery charges may be different to the price quoted on the website, if there is an issue with a delivery charge on an order you place, we will contact you before we process the order to confirm additional charges or offer a full refund should you decide not to proceed.
12 PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.5.1 Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
12.5.2 If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13 HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept all major credit and debit cards.
13.2 Payment for the Products and all applicable delivery charges is in advance. Unless agreed otherwise, we will charge your debit card or credit card when we receive your order.
14 MANUFACTURER GUARANTEES
15 OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16 OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
17 EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18 COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to "in writing", this will include email.
18.2 If you are a consumer:
18.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
18.4 If you are a business:
19 OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 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.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
19.9 If any dispute arises in connection with these Terms, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. If such dispute is not resolved by mediation within 28 days of the commencement of mediation, or if either party refuses to participate in mediation, such dispute shall be finally resolved by arbitration under the Chartered Institute of Arbitrators Rules in force at the date of this agreement. It is agreed that the tribunal shall consist of one arbitrator, in default of the parties' agreement as to the arbitrator, the appointing authority shall be the Chartered Institute of Arbitrators in London. The seat of the arbitration shall be London, the law governing shall be English law, and the language of the arbitration shall be English.
19.10 We will not file a copy of the Contract between us.