1. INTRODUCTION AND INTERPRETATION
The Buyer should read these terms and conditions carefully before using this website.
By accessing or using this website the Buyer agrees to be legally bound by these terms and conditions. The Buyer should note that these terms and conditions may be modified and posted on the website from time to time.
1.2 In these conditions:
“BUYER” means the person who places and order for Goods or whose order for the Goods is accepted by the Seller.
“GOODS” means the goods (including any installment of the goods or parts for them) which the Seller is to supply in accordance with these Conditions. The Buyer should note that all Goods depicted on this website (as from time to time modified) are available almost anywhere in mainland UK and by special arrangement in the Channel Islands, Republic of Ireland, Northern Ireland, Isle of Wight, Isle of Man, the Scottish Isles and the Highlands of Scotland.
“SELLER” means Consteel Ltd (registered in England ),
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller.
“CONTRACT” means the contract for the purchase and sale of the Goods.
“WRITING” means email or post.
1.3 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF SALE
2.1 To order Goods the Buyer must follow the procedures set out in these conditions.
Details of procedures, products, prices, payment and delivery are set out on this website. The Buyer will be given clear instructions as to how to navigate the online order process. The Buyer will be asked to provide accurate personal details.
2.2 These terms combined with the pricing policy, order form and payment method instructions form the total agreement between Seller and Buyer.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission on this website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. All advertised sizes and measurements are an approximation only. The Seller will endeavor to make sure that sizes and measurements are as accurate as possible but no guarantees can be given.
3. ORDERS AND SPECIFICATIONS
3.1 The Buyer is obliged to follow the procedure set out in these terms and conditions when placing an order. By pressing “Proceed” on the order the Buyer consents to the terms and conditions. The Seller is not obliged to accept any order. If the Buyer’s order is accepted the Seller will confirm acceptance to the Buyer by online electronic means (“Confirmation”) to the email address provided by the Buyer. The Buyer should contact the Seller if he or she does not receive Confirmation of order.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including name, full delivery address, contact details and any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms and also for ensuring that all information provided by the Buyer is accurate.
3.3 The Buyer warrants that the credit or debit card used by him in connection with the transaction belongs to him and that there are sufficient funds or credit facilities to meet the cost of any Goods ordered. The Seller reserves the right to obtain validation and verification of the authenticity of the credit or debit card before supplying the Goods.
3.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to confirm with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.5 All orders are subject to availability of the Goods. If the Goods are unavailable the Seller will be at liberty to supply to the Buyer a substitute of an equivalent quality and price without notice (“the Substitute Product”). In the event that the Seller is unable to supply the Product or any substitute Product the Seller will notify the Buyer as soon as possible and reimburse any payment made.
3.6.1 The Seller will endeavor to provide the best customer service possible. Should anything go wrong the Seller will make every effort to resolve the issue. However, should the problem be incapable of resolution, the Buyer may prefer to amend or cancel the order. In that case the Buyer should email the Seller.
3.6.2 The Buyer may cancel the order at any time prior to dispatch. The Buyer must confirm his or her wish to cancel the order in writing. The order will not be considered cancelled until notification has been received in writing and a confirmation code has been provided.
Bespoke Orders – you will be able to cancel your order prior to manufacturer and a full refund will be processed. However if we have started the manufacturer of your bespoke order you will not be able to cancel your order.
3.6.3 If the Buyer decides to cancel the order after the Goods have been dispatched and commenced their carriage (whether by carrier or by post), the Seller will charge the Buyer for carriage of the Goods. Buyers are advised to check the status of the order before requesting cancellation. Any collection charges will be communicated to the Buyer before the Seller confirms cancellation.
Bespoke Orders – We do not provide a returns policy for a bespoke orders due to the personalised nature of a bespoke order. Bespoke orders are not covered by the distance selling regulations. This acceptance does not in any way effect your warranty.
Please note Shipping and Handling charges are NOT refundable
3.6.4 The Buyer should note that orders placed on Saturdays, Sundays or on public holidays and orders placed after 5pm on normal working days will not be processed until the next working day.
3.6.5 The Buyer should note that subject to the provisions of clause 6.2 the Seller will use endeavor to deliver any order placed before 10th December in time for Christmas, but the Seller cannot give any guarantee in this regard. Furthermore orders placed after 14 December will be delivered in the first week in January, but again this is subject to the provisions of clause 6.2
4. PRICE OF THE GOODS
4.1 The prices are listed in £GBP and are subject as stated inclusive of delivery costs and VAT. The Seller reserves the right to change the advertised price of Goods at any time. The price payable by the Buyer shall be the price in force at the time when the order is placed. The Buyer should note that there are certain destinations to which a delivery charge will be payable and there will be occasions when the Seller’s carrier makes an additional charge for delivery. Settlement of delivery charges in these instances will be the responsibility of the Buyer and charges must be reimbursed to the Seller in advance of delivery of the Goods.
4.2 The Seller reserves the right to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alternation of duties, significant increase in the costs of labour, materials or the costs of manufacture). As already stated, the price payable by the Buyer shall be the price in force at the time when the order is placed.
4.3 Should a pricing error occur, the Seller will inform the Buyer if the price for the Goods is higher than that stated on the order. The Buyer may then choose either to proceed or to cancel the order.
4.4 Delivery to the Channel Islands, the Republic of Ireland, Northern Ireland, the Isle of Man, the Isle of Wight, BFPO (British Forces Post Office) addresses, and some areas in mainland Scotland, Wales and the South West will incur an extra delivery charge.
4.5 Buyers should note that for the Scottish Isles, delivery will be made to the nearest shipping port. It is the Buyer’s responsibility to arrange onward delivery at his or her own cost.
4.6 Additionally Buyers should note that any additional delivery charges levied by the Seller’s carrier will be passed to the Buyer whatever the destination.
5. TERMS OF PAYMENT
5.1 Payment will be made by credit or debit card and will be taken when the order is placed. This is to protect the Seller from card fraud.
5.2 Payment can be made in a number of ways whether online or over the telephone. The Seller accepts payment by Visa, Mastercard, Switch, Solo, Delta, Visa Electron, Maestro or AMEX.
6.1 Delivery of Goods shall be made to the Buyer’s nominated address, save in cases where delivery is to the Scottish Islands. The Buyer’s attention is drawn to clause 4.5 above.
6.2 The seller aims to contact the customer to arrange for delivery of the Goods within the lead time specified in the Confirmation of Order or if no time is specified in the Confirmation within a maximum of 5 working days from the date upon which the Order is placed. However, any dates quoted for contact or delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. Deliveries do not generally occur on Saturdays, Sundays or public holidays.
6.3 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) the, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.3.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and re-delivery; or
6.3.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
6.4 Delivery will be deemed to be completed once the Goods have arrived at the delivery address. Generally the Buyer or his agent will be required to sign for the Goods by way of proof of delivery. In certain circumstances arrangements can be made through email or written confirmation. All Goods must be signed for by an adult aged 18 or over. Where Goods are being delivered to a business or some other institution such as a hospital, ship, airport or hotel, then arrangements must be made for an authorised signatory to deal with the proof of delivery. Special arrangements can be made for the Goods to be left at the Delivery address without a signature (unless a third party supplier requires otherwise). Buyers should note the provisions of clause 7.1.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds or sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8. WARRANTIES AND LIABILITY
8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the