1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Goods: the goods that We are selling to you as set out in the Order
Order: your order for the Goods and/or Service as set out overleaf;
Services: the services that We are providing to you as set out In the Order;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Projectresin Limited (company no. 11014474 )whose registered office is at Unit 17 19b Moor Road, Broadstone, Dorset, England, BH18 8AZ
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2 Our contract with you
2.1 These are the terms and conditions on which We supply both Goods and Services to you.
2.2 Please ensure that you read these Terms carefully,and check that the details on the Order and these Terms are complete and accurate, before you sign and place the Order.
2.3 When you sign and place the Order with Us, this does not mean We have accepted your order for Goods and/or Services. These Terms will become binding on you and Us when We issue you with a written confirmation of an Order, at which point a contract will come into existence between you and Us.
3 You rights to cancel
3.1 You have the right to cancel the contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day of the conclusion of the contract or date that the contract is varied in accordance with clause 4.3.
3.2 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, but is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period expires.
3.3 If you cancel the contract, We will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which We are informed about your decision to cancel the contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
3.4 if you requested to begin the performance of the Services during the cancellation period, you shall pay us an amount which is proportionate to what has been performed until you have communicated to us your cancellation from the contract, in comparison with the full coverage of the contract.
3.5 Once We have begun to provide the Services to you, you my cancel the contract with immediate effect by giving Us written notice if:
3.5.1 We break this contract in any material way and We do not correct or fix the situation within 7 days of you asking Us to in writing; or
3.5.2 We go into liquidation or a receiver or an administrator is appointed over our assets.
4 Technical assessment and installation
4.1 After you have placed your Order, We will contact you to agree an installation date for Us to provide you with the Services. The installation date will be within a reasonable time from the date of your Order. It is very important that We are able to access the property on the agreed installation date and that you are present when the technical assessment (referred to in clause 4.3 below) is carried out.
4.2 We will use all Our reasonable endeavours to meet the agreed installation date and to complete the Services as soon as possible after installation commences. Occasionally due to reasons outside Our reasonable control, We may be unable to carry out the Services on the agreed installation date. In the event that this happens, We will contact you as soon as reasonably practicable to arrange an alternative installation date.
4.3 For all Services We will carry out a full technical survey prior to the installation date to confirm that the property is suitable for the Goods and/or Services set out in the Order to be provided. Having carried out the technical survey, there may be a reason for Us to suggest a variation to your original Order or you may wish to add something to the Order. If this is the case, We will:
4.3.1 Provide you with a variation to the Order detailing the changes and a revised price (if applicable). If you are happy to proceed on this basis, We will proceed on the terms of your original Order as varied and We will advise on the payment procedure for the variation to the Order, or
4.3.2 Inform you that it is not feasible to carry out an installation at the property in which case your deposit will be refunded in full within 7 days.
5 If the goods are faulty
5.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. 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.
6 Third-party manufacturer’s guarantee of goods
6.1 The goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
7 Seller’s warranty
7.1 In addition to any manufacturer’s guarantee, We warrant that on installation (“Warranty Period”) and for a period of 10 years from installation, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2 7.3
7.2 This guarantee does not apply to any defect in the Goods arsing from:
7.2.1 fair wear and tear;
7.2.2 wilful damage, neglect, accident, negligence by you or by any third party;
7.2.3 If you fail to operate or use the Goods in accordance with the user instructions;
7.2.4 any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
7.3 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
8 If there is a problem with the Goods and/or services
8.1 In the unlikely event that there is any defect with the Goods and/or Services during the Warranty Period:
8.1.1 please contact Us and tell Us as soon as reasonably possible;
8.1.2 please give Us a reasonable opportunity to repair or fix any defect, or provide a replacement.
8.2 you will not have to pay for Us to repair or fix a defect with the Goods and/or Services or to provide a replacement under this clause 9.1.
8.3 AS a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described.
9 Price and payment
9.1 We will ask to you to pay a deposit when placing the Order for the Goods and Services Your rights to a refund on cancellation are set out in clause 3. We will invoice you for the balance due for the Goods and Services on or any time after We have performed the Services and such balance shall become immediately due in cleared funds. You own the Goods once We have received payment in full.
9.2 Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the installation date, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and Services in full before the change in the rate of VAT takes effect.
9.3 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the of 3% a year above the base lending rate of Lloyds Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
9.4 However, if you dispute an invoice in good faith and contact Us to let Us Know promptly after you have received an invoice that you dispute it, clause
9.5 will not apply for the period of the dispute.
10 Our liability to you
10.1 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 the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable which shall include without limitation loss of profit, loss of opportunity, emotional distress or inconvenience. Loss or damage is foreseeable if it an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
10.2 Subject to clause 10.7 Our total liability in respect of any foreseeable loss or damage suffered by you as result of Our breach of the Terms or Our negligence will in all circumstances be limited to the total price payable by you to Us under the Order.
10.3 Subject clause
10.4 below, we will make good any damage to your property caused by Us in the course of installation or performance of the Services.
10.5 We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.6 All of the Goods that We supply and the products that We use as part of the supply of Services are fully accredited by the relevant product accreditation organisation. We make no guarantee or representation as to the recognition or acceptance accorded by third parties (for example mortgage companies) to such accreditations. We are not responsible for any issues with third parties directly or indirectly arising out of or in connection with the supply or use of any products which We use as part of the Services which you have requested as part of you Order.
10.7 WE do not exclude or limit in any way Our liability for:
10.7.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
10.7.2 fraud or fraudulent misrepresentation;
10.7.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
10.7.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
10.7.5 defective products under the Consumer Protection Act 1987.
10.8 The balance is payable on completion of the installation or on delivery where the contract is for supply only. Payment shall be by cash, credit card (not American Express) cheque payable to Projectresin Limited and crossed “A/C payee only” or in the case of finance the relevant signed Completion Note.
10.9 Where the Purchaser is arranging finance for the installation the Company reserves the right to deter installation until the Purchaser has produced a copy of a written offer from Building society, Finance House, Bank or other lender.
10.10 You are required to make payment in full (less any deposit paid) immediately on the date on which the works are completed . In the event of any alleged minor defect, you shall not be entitled to with hold more than a proportionate amount of the sum due. If required Projectresin limited will provide you with a receipt for your payment and you will be sent a formal invoice.
11 Our rights to cancel and applicable refunded
11.1 We may have to cancel an Order before the installation date, due to reasons beyond our reasonable control or the unavailability of stock, key personnel or key materials without which We cannot provide the Goods and/or Services. If this happens;
11.1.1 We will promptly contact you to let you know;
11.1.2 If you have made any payment in advance for the Goods and/or Services that have not been provided to you, We will refund these amounts to you; and
11.1.3 where We have already started work on your Order, We will not charge you anything and you will not have to make any payments to Us.
12 Information about us and how to contact us
12.1 We are a company registered in England and Wales. Our company registration number is 11014474 and Our registered office is at Unit 17 19b Moor Road, Broadstone, Dorset, England, BH18 8AZ
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 08002335254 or by e-mailing Us at firstname.lastname@example.org
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Projectresin limited at Unit 17 19b Moor Road, Broadstone, Dorset, England, BH18 8AZ or email: email@example.com We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
13 How we may use your personal information
13.1 We will use the personal information you provide to Us to:
13.1.1 provide the Goods and/or Services;
13.1.2 process your payment for such Goods and/or Services; and
13.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
13.2 We will not give your personal data to any third party.
14 Other important terms
14.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.2 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
15 Representatives’ and Showroom samples and photographs are used to demonstrate a typical installation, its colour and its composition. No guarantee is given that the installation will conform precisely with the samples. Diagrams and measurements and used only for the purpose of calculating the price specified overleaf.
16 All materials used are best available but the Company accepts no liability in respect of damage to the materials that are due to the fault or neglect of the customer or a third party. Concrete Block and resin manufacturers will not guarantee against minor imperfections or shade variations. Natural stone product colours vary. Minor imperfections, chips and size variations within 10% are acceptable by suppliers. Final I dimensions have a tolerance of 30cm. Consequently the Company will not be liable for any such imperfections or variations.
17 Unless otherwise agreed in writing the Company will not undertake the re-siting of any meters, gas, drainage, waterworks, plumbing or other cabling or channels or the removal of tree roots. Suitable arrangements should be made by the purchaser for any such works to be carried out prior to commencement of the works required under this Contract. Should any such works be discovered during excavation an additional charge will be quoted.
18 If the specified works are not commenced within the period quoted to the Purchaser, the Purchaser may serve written notice on the Company by Recorded Delivery requiring that the works be completed within a reasonable period, being in any event not less than 6 weeks, as the Purchaser may specify. If the work is not completed within that extended period the Purchaser may cancel the Contract by servicing written notice of cancellation by Recorded Delivery on the Company, Notwithstanding the foregoing:
18.1 the Company shall not be liable for any delay in the completion of the work which arises from causes beyond the reasonable control of the Company and in particular the Company’s inability to complete the contract due to adverse weather conditions and in the event that time has been made of the essence time shall not run during the period when delay on that account is operating: and
18.2 the Purchaser shall remain liable to pay for such part of the work as has been completed in cases where the Purchaser cancels the Contract part completed.
19 Subject to the following exclusions the Company undertakes to repair or replace free of charge any installation which proves defective as result of faulty product or workmanship within 10 years for a full replacement product (digout), 5 years for overlay system from the date of installation. And repair or replacement work carried out within the Guarantee period. The company accepts
no liability in respect of the following:
19.1 Damage or deterioration resulting from accident, misuse, natural weathering, storm, earthquake or flood, insects, animals, normal wear, and tear, lack of maintenance ( including re -painting where necessary), impact damage, commercial use or staining caused by substance whatsoever.
19.2 Any soil or turf, decorative aggregates loose stone finishes or tarmacing carried out by the Company. This does not affect the Company’s obligation to exercise reasonable car and skill when performing the contract and to use products that are of satisfactory quality and fit for normal purpose.
19.3 Keybonding, kiln dried sanding, and any damage to either the installation or any adjoining building caused by the fact that, contrary to the Company’s advice. The installation has been constructed within 150 millimetres of the damp proof course level or in such a way that it obstructs any air bricks.
19.4 Damage arising from the application of any sealant or other coating on the installation by the Purchaser or any third party.
19.5 Every reasonable effort will be made to ensure that the colour, pattern and finish of any remedial work is completed with the specification of the original contract. The Company cannot guarantee that an exact match will be possible, due to product evolution and natural weathering.
19.4 Damage caused by movement, expansion or contraction of sub-soil or subbase due to climate changes, water content, tree root activity, underground or mine wonklngs.
19.5 Substrate or sinkage of a driveway that Is within the tolerance permitted by B87533. B87533 permits subsidence of up to 10 millimetres when measured under any 3 meters straight edge or 2millmetres when measured between adjacent block pavers.
19.6 Any loss of intensity in the colour of the appearance of a temporary white satin, which can appear early in the life of this product. This is the temporary natural phenomenon of efflorescence, which is in no way detrimental to the performance of the product.
19.7 Appearance of any plant growth, such as moss and weeds which have self seeded, mould fungus stains. The collection of dirt or debris in the pits of pitted products Chips, flakes or scuffs on natural stone or landscaping produce.
19.8 Installations which are not located on the Uk mainland (except isle of Wight).
19.9 Our to provide parts or furniture that match that supplied where items in question have become obsolete, in which case the Company shall provide an alternative of at least equivalent quality.
19.10 Any business losses that the Purchaser has suffered in relation to the property where the installation was carried out, such as (but not limited to) loss of profits, fees, rental or other income.
20 The company will make good any damage caused during installation to lawns rendering, tarmacing or brick work immediately adjacent to any driveway installed. The Company does not undertake to provide matching ceramic or other tiles or specialised finishes such as tyrolean or pebble-dash. Where the Company makes good lawns, it cannot guarantee that any turf supplied will match the existing turf. The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any complaint or claim by the Purchase for compensation for damage done must be made in writing to the Company.
21 By signing this agreement, the Purchase confirms that he/she the owner of the property at which the installation is to take place and that they have complete authority to enter into this agreement. The Purchaser will also be asked to confirm this on survey. The Company is only prepared to contract with the Purchaser on this basis. The Company reserves the right to carry out checks to verify ownership of the property. If the Company may in it’s absolute discretion:
21.1 Cancel this agreement, in which case the Purchaser shall be liable to the Company for all costs incurred to date;
21.2 Continue with the agreement provided that the Purchaser makes such stage payments as are reasonable taking into account the costs that have been or will be incurred by the Company in performing the contract.
22 The contract price set out overleaf is inclusive of VAT at the prevailing rate as at the date of contract, unless the contract is noted as being VAT exempt on the front of this document. Any variation in the applicable rate of VAT or, where no VAT is shown overleaf as chargeable, any imposition of VAT after the date of Contract overleaf will be passed to the Purchaser
THIS CONTRACT ACTS AS YOUR GUARANTEE.