Terms and Conditions
Please read these product terms and conditions (“Product terms”) carefully as they set out the terms under which you as the customer will transact with DIY-Spacepro.com
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply in these Conditions.
Buyer: the person, firm or company who purchases the Goods from the Seller.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them).
Seller: Home Decor GB Ltd trading as DIY-Spacepro.com, Innovation Way, Woodhouse Mill, Sheffield S13 9AD T: 03333 448565 E: DIY-Spacepro@hdhc.com
1.2 Words in the singular include the plural and in the plural and include the singular.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Condition headings do not affect the interpretation of these conditions.
1.5 Subject to any variation agreed by the Seller in writing the Contract shall be on these conditions to the exclusion of all others terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
1.6 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.7 These conditions apply to all the Seller’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this condition shall exclude or limit the Seller’s liability for fraudulent misrepresentation.
1.8 Each order or acceptance of a quotation for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions, online or in store.
1.9 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the Buyer.
1.10 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate and the Seller shall not be liable whatsoever in respect of the same.
2. PRICES
The prices payable for the items that you order are clearly set out on the web site. All prices are expressed inclusive of any VAT payable. Prices may change and the Seller will ensure that revised prices are notified to the Buyer as soon as reasonably possible.
3. AVAILABILITY
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as reasonably possible.
4. CONTRACT
There will be no contract of any kind between you and us until payment for your Goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the Goods to you without giving any reason. At the moment that payment for the Goods is authorised, (and not before), a contract will be made between you and us. Authority for payment must be given at the time of the order. Payment and receipt of your order will be acknowledged by email. If for any reason the Goods cannot be supplied then payment will be refunded in full.
5. DELIVERY
5.1 Delivery will be made to the address specified by you. Please note that our standard delivery charge (£72) is within mainland UK (England, Wales, Scotland). Delivery to Northern Ireland, the Republic of Ireland, Isle of Man, Isle of Wight, Jersey and Guernsey is available at a price of £113.50. Unfortunately, we are unable to deliver to the following areas; Orkney Islands, Shetland Islands, Scottish Islands and BFPO addresses. All deliveries within mainland UK will be made to you by our Home Delivery Service (HDS). All deliveries to NI will be made to you by Phillips Logistics. Deliveries to the Channel Isles, IOM and IOW will be made to you by Breakwells Ltd. We do our best to secure delivery within 21 days of the date of your order. Time is not of the essence for the purposes of this condition. If you are not at home for a pre-arranged delivery then we reserve the right to charge you £72 to redeliver your order. If you wish to change the delivery date once it is agreed then please give us no less than 2 working days’ notice prior to delivery. If less than 2 working days is given, an additional £72 may be charged. It is your responsibility to check your wardrobe system for patent defects before signing for the goods. We cannot accept liability for goods damaged after delivery if signed for in satisfactory condition. If you intend using subcontractors for installation we recommend you do not commit to them until the delivery has been made, this will avoid any danger of you being financially liable for downtime due to unavoidable delays. Deliveries to commercial properties could void your warranty.
6. RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Home Décor GB Ltd t/a DIY-Spacepro.com, Innovation Way, Woodhouse Mill, Sheffield, S13 9AD T: 03333 448565 E: DIY-Spacepro@hdhc.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).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 has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us that can apply to your order). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusions to the right to cancel
There are cases in which the right to cancel ceases. The right to cancel does not apply to contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
7. RETURNS AND REFUNDS FOR MADE TO MEASURE PRODUCTS
7.1 Please make sure your measurements are correct and accurate and take account of any variations in the angle of, or scopes in, the wall or ceilings. We will not accept any liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you.
7.2 We cannot accept the return of made-to-measure Products if the reason for the return is because you provided us with incorrect measurements or have changed your mind. However, this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
8. RETURNS AND REFUNDS FOR STANDARD PRODUCTS ONLY
8.1 You have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a 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 is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your deadline for cancelling the Contract depends on what you have ordered and how it is delivered, as seen below and also relates to the 14 day cool off period.
Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
• one Product which is delivered in instalments on separate days.
• multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
8.3 We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Condition or anything else in these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9 WARRANTY
9.1 DIY-Spacepro.com manufactured products are guaranteed for 10 years against faulty materials or workmanship subject to Specification of Goods.
9.2 Failure to carry out the recommended instructions for decorating, sealing and installation of joinery products can impair their performance and will invalidate any guarantees.
9.3 Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (of the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
9.4 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
10 SPECIFICATION OF GOODS
10.1 The warranty does not apply to doors which swell due to intake of excessive moisture or any other neglect or misuse on the part of the Buyer after sale. The Seller's liability under this warranty shall not extend to costs or charges of unfixing, reaffixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect your statutory rights).
10.2 All Goods must be stored in a dry place. The Seller cannot accept any responsibility if Goods are not so stored.
11 PAYMENT
11.1 You can pay with any Maestro, Delta, Solo, MasterCard, American Express or Visa card. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock items to secure stock, only if you are happy to proceed with the order and agree to wait for the wardrobe system. We accept internet orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, Google Chrome or Microsoft Internet Explorer. This means you cannot inadvertently place an order through an unsecured connection.
11.2 Payment of the price for the Goods is due in pounds sterling.
11.3 Time for payment of the price shall be of the essence.
11.4 No payment shall be deemed to have been received until the Seller has received cleared funds.
12 INTELLECTUAL PROPERTY
12.1 All Intellectual Property Rights and all other rights in the Goods shall be owned by the Seller solely. In this condition reference to Intellectual Property Rights shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, Service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for any renewals or extensions of such rights, and all similar or equivalent rights or forms of protections in any part of the world.
13 EXCLUSION OF LIABILITY
13.1 The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
13.1.1 any breach of these conditions;
13.1.2 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
13.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
13.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
13.3 Nothing in these conditions excludes or limits the liability of the Seller:
13.3.1 for death or personal injury caused by the Sellers negligence; or
13.3.2 under section 2 (3), Consumer Protection Act 1987; or
13.3.3 for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or
13.3.4 for fraud or fraudulent misrepresentation
13.4 Subject to conditions 12.2 and condition 12.3;
13.4.1 The Sellers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
13.4.2 The Seller shall not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
14 GENERAL
14.1 These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
14.2 The Seller may assign the Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
14.3 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.
14.4 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, violability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.5 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
14.6 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.7 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.8 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post and by email:
14.8.1 (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller, or
14.8.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
14.8.3 (in the case of the communications to the Seller) to be at DIY-Spacepro@hdhc.com
14.8.4 (in the case of the communications to the Buyer) to the Buyers email address.
14.9 Communications shall be deemed to have been received:
14.9.1 If sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
14.9.2 If delivered by hand, on the day of delivery.
14.10 Communications addressed to the Seller shall be marked for the attention of the Sales Director - Retail.
15 CUSTOMER SERVICES
If you have an order query, please email us at DIY-Spacepro@hdhc.com or call us on 03333 448565, Monday - Thursday 8:30am to 5pm and 08:30 to 4pm Fridays. Please note telephone calls may be recorded for training and quality purposes.
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply in these Conditions.
Buyer: the person, firm or company who purchases the Goods from the Seller.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them).
Seller: Home Decor GB Ltd trading as DIY-Spacepro.com, Innovation Way, Woodhouse Mill, Sheffield S13 9AD T: 03333 448565 E: DIY-Spacepro@hdhc.com
1.2 Words in the singular include the plural and in the plural and include the singular.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Condition headings do not affect the interpretation of these conditions.
1.5 Subject to any variation agreed by the Seller in writing the Contract shall be on these conditions to the exclusion of all others terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
1.6 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.7 These conditions apply to all the Seller’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this condition shall exclude or limit the Seller’s liability for fraudulent misrepresentation.
1.8 Each order or acceptance of a quotation for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions, online or in store.
1.9 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the Buyer.
1.10 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate and the Seller shall not be liable whatsoever in respect of the same.
2. PRICES
The prices payable for the items that you order are clearly set out on the web site. All prices are expressed inclusive of any VAT payable. Prices may change and the Seller will ensure that revised prices are notified to the Buyer as soon as reasonably possible.
3. AVAILABILITY
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as reasonably possible.
4. CONTRACT
There will be no contract of any kind between you and us until payment for your Goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the Goods to you without giving any reason. At the moment that payment for the Goods is authorised, (and not before), a contract will be made between you and us. Authority for payment must be given at the time of the order. Payment and receipt of your order will be acknowledged by email. If for any reason the Goods cannot be supplied then payment will be refunded in full.
5. DELIVERY
5.1 Delivery will be made to the address specified by you. Please note that our standard delivery charge (£72) is within mainland UK (England, Wales, Scotland). Delivery to Northern Ireland, the Republic of Ireland, Isle of Man, Isle of Wight, Jersey and Guernsey is available at a price of £113.50. Unfortunately, we are unable to deliver to the following areas; Orkney Islands, Shetland Islands, Scottish Islands and BFPO addresses. All deliveries within mainland UK will be made to you by our Home Delivery Service (HDS). All deliveries to NI will be made to you by Phillips Logistics. Deliveries to the Channel Isles, IOM and IOW will be made to you by Breakwells Ltd. We do our best to secure delivery within 21 days of the date of your order. Time is not of the essence for the purposes of this condition. If you are not at home for a pre-arranged delivery then we reserve the right to charge you £72 to redeliver your order. If you wish to change the delivery date once it is agreed then please give us no less than 2 working days’ notice prior to delivery. If less than 2 working days is given, an additional £72 may be charged. It is your responsibility to check your wardrobe system for patent defects before signing for the goods. We cannot accept liability for goods damaged after delivery if signed for in satisfactory condition. If you intend using subcontractors for installation we recommend you do not commit to them until the delivery has been made, this will avoid any danger of you being financially liable for downtime due to unavoidable delays. Deliveries to commercial properties could void your warranty.
6. RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Home Décor GB Ltd t/a DIY-Spacepro.com, Innovation Way, Woodhouse Mill, Sheffield, S13 9AD T: 03333 448565 E: DIY-Spacepro@hdhc.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).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 has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us that can apply to your order). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusions to the right to cancel
There are cases in which the right to cancel ceases. The right to cancel does not apply to contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
7. RETURNS AND REFUNDS FOR MADE TO MEASURE PRODUCTS
7.1 Please make sure your measurements are correct and accurate and take account of any variations in the angle of, or scopes in, the wall or ceilings. We will not accept any liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you.
7.2 We cannot accept the return of made-to-measure Products if the reason for the return is because you provided us with incorrect measurements or have changed your mind. However, this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
8. RETURNS AND REFUNDS FOR STANDARD PRODUCTS ONLY
8.1 You have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a 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 is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your deadline for cancelling the Contract depends on what you have ordered and how it is delivered, as seen below and also relates to the 14 day cool off period.
Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
• one Product which is delivered in instalments on separate days.
• multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
8.3 We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Condition or anything else in these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9 WARRANTY
9.1 DIY-Spacepro.com manufactured products are guaranteed for 10 years against faulty materials or workmanship subject to Specification of Goods.
9.2 Failure to carry out the recommended instructions for decorating, sealing and installation of joinery products can impair their performance and will invalidate any guarantees.
9.3 Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (of the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
9.4 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
10 SPECIFICATION OF GOODS
10.1 The warranty does not apply to doors which swell due to intake of excessive moisture or any other neglect or misuse on the part of the Buyer after sale. The Seller's liability under this warranty shall not extend to costs or charges of unfixing, reaffixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect your statutory rights).
10.2 All Goods must be stored in a dry place. The Seller cannot accept any responsibility if Goods are not so stored.
11 PAYMENT
11.1 You can pay with any Maestro, Delta, Solo, MasterCard, American Express or Visa card. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock items to secure stock, only if you are happy to proceed with the order and agree to wait for the wardrobe system. We accept internet orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, Google Chrome or Microsoft Internet Explorer. This means you cannot inadvertently place an order through an unsecured connection.
11.2 Payment of the price for the Goods is due in pounds sterling.
11.3 Time for payment of the price shall be of the essence.
11.4 No payment shall be deemed to have been received until the Seller has received cleared funds.
12 INTELLECTUAL PROPERTY
12.1 All Intellectual Property Rights and all other rights in the Goods shall be owned by the Seller solely. In this condition reference to Intellectual Property Rights shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, Service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for any renewals or extensions of such rights, and all similar or equivalent rights or forms of protections in any part of the world.
13 EXCLUSION OF LIABILITY
13.1 The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
13.1.1 any breach of these conditions;
13.1.2 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
13.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
13.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
13.3 Nothing in these conditions excludes or limits the liability of the Seller:
13.3.1 for death or personal injury caused by the Sellers negligence; or
13.3.2 under section 2 (3), Consumer Protection Act 1987; or
13.3.3 for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or
13.3.4 for fraud or fraudulent misrepresentation
13.4 Subject to conditions 12.2 and condition 12.3;
13.4.1 The Sellers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
13.4.2 The Seller shall not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
14 GENERAL
14.1 These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
14.2 The Seller may assign the Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
14.3 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.
14.4 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, violability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.5 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
14.6 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.7 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.8 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post and by email:
14.8.1 (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller, or
14.8.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
14.8.3 (in the case of the communications to the Seller) to be at DIY-Spacepro@hdhc.com
14.8.4 (in the case of the communications to the Buyer) to the Buyers email address.
14.9 Communications shall be deemed to have been received:
14.9.1 If sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
14.9.2 If delivered by hand, on the day of delivery.
14.10 Communications addressed to the Seller shall be marked for the attention of the Sales Director - Retail.
15 CUSTOMER SERVICES
If you have an order query, please email us at DIY-Spacepro@hdhc.com or call us on 03333 448565, Monday - Thursday 8:30am to 5pm and 08:30 to 4pm Fridays. Please note telephone calls may be recorded for training and quality purposes.