TB Spaces – Terms and Conditions – June 2016
1. OUR CONTRACT WITH YOU
1.1 Sundeala Limited is a company registered in England, with registered number 04299962 and having its registered office at Middle Mill, Cam, Dursley, Gloucestershire GL11 5LQ. TB Spaces and Teacherboards is a division of Sundeala Limited.
1.2 How we will accept your order. A quotation for the products given by us shall not constitute an offer.
1.3 All orders for goods, whether on the Customer’s order form or otherwise, constitute an offer by the Customer to buy the goods.
1.4 Our acceptance of your order will take place by means of acknowledgement on our official Order Acknowledgement form at which point the contract comes into effect.
1.5 These terms and conditions shall prevail over any trade or customary practice or previous course of dealing between us and the Customer, and over any alternative terms and conditions (whether appended to an order or otherwise) which the Customer may seek to impose.
2. YOUR RIGHTS TO MAKE CHANGES
if you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.
3. OUR RIGHTS TO MAKE CHANGES
Minor changes to the product. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
(c) We reserve the right to vary the manufacturing specification whilst continuing to maintain the current published performance standing of our products.
4. PROVIDING THE PRODUCTS / DELIVERY
4.1 Delivery costs. The costs of delivery will be as advised when placing your order. Delivery is to the ground floor entrance unless agreed otherwise.
4.2 Instalments. We may deliver the products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
4.3 When we will provide the products. We will deliver the product to you as soon as possible.
4.4 Delivery or any other dates advised are approximate only unless a firm delivery date is agreed in writing by Sundeala.
4.5 The Customer shall provide Sundeala with all necessary access to the nominated point of delivery and shall be responsible for unloading and storage of the goods.
4.6 The Customer shall inspect the goods delivered and any shortages or damages in transit shall be noted on the carrier copy of the delivery note. The Customer shall sign the delivery note and notify the carrier and Sundeala in writing of any shortages or damage within 9 days of delivery, in default of which the Customer shall be deemed to have accepted the goods.
4.7 Sundeala will use its reasonable endeavours to fulfil an order. Sundeala will not be liable to the Customer for any delays in fulfilling an order.
4.8 The Customer must accept delivery of the order within four weeks of the agreed delivery date or within four weeks of the goods becoming available whichever is the later. Failure to do so will give Sundeala the right, irrespective of its other rights or remedies, to take action as follows, either:
4.8.1 Terminate the contract with immediate effect and dispose of the goods, or
4.8.2 The goods will be invoiced the customer at the end of the four week period and must be paid for in accordance with Sundeala’s standard terms of payment. After six months Sundeala reserves the right to dispose of the goods without further notice and account to the customer for the amount realised less storage costs and cost of realisation.
4.9 If you are not at the delivery address when the product is delivered. If no one is available at the delivery address to take delivery and the products cannot be posted through the letterbox, we will leave you a note informing you of how to rearrange delivery. We reserve the right to charge reasonable costs for redelivery.
4.10 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
4.11 When you become responsible for the product. The product will be your responsibility from the time we deliver the product ot the address you gave us.
4.12 When you own the products. You own the products once we have received full payment in full. Until we have received payment in full, you will hold the goods on trust for us, and in relations to the goods supplied:-
4.12.1 If the goods are sold by the Customer prior to payment the proceeds for the sale shall be the property of us and shall be identified accordingly; and
4.12.2 The goods shall be kept separate from other goods of a similar kind so that we can readily identify our property.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are contracting as a consumer (meaning as an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession) and bought the products at a distance from us (meaning you and us were not simultaneously present at the time the contract was made) then you have a legal right to change your mind within 14 days and receive a refund. You have 14 days after the day you (or someone you nominate) receives the products, unless:
(a) The products are split in several deliveries over different days, In this case you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
(b) The products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of you product.
If you wish to exercise this right to change your mind, you should notify us within these periods using the cancellation form which you can find on our website at www.sundeala.co.uk or www.teacherboards.co.uk, or telephone our sales team.
5.2 Any special products, bespoke sized products or personalised products do not qualify for a refund.
5.3 In the event of cancellation with the cancellation period refferred to in clause 5.1, we will provide you with a full refund for the goods subject to your responsibility to ensure the goods are returned to the Company in the condition that were in when they were delivered.
5.4 Should you wish to return the goods after the cancellation period refferred to in clause 5.1, or you are not contracting as a consumer, then acceptance of returns is at the Company’s discretion and we reserve the right to charge for our collection and restocking costs.
6. IF THERE IS A PROBLEM WITH THE PRODUCT
6.1 How to tell us about the problems. If you have any questions or complaints about the product, please contact us.
6.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them back to us in good condition.
7. PRICE AND PAYMENT
7.1 Prices will be confirmed when we confirm acceptance of your Order.
7.2 Prices on quotations are only valid for one month from date of quotation unless otherwise specified in writing signed by an authorised officer of the Company.
7.3 All prices quoted are exclusive of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay.
7.4 When you must pay and how you must pay. We may request payment for the products (including delivery) before we dispatch them to you. In all other cases payment must be made within 30 days of the date of an invoice.
7.5 In the event of a late payment or if any agreed credit limit is exceeded, we may, irrespective of our other rights or remedies, withhold delivery of further goods.
7.6 We reserve the right before delivery to require payment for the goods in full or in part.
7.7 Unless otherwise agreed in writing payments will be in £ sterling.
7.8 We can charge interest if you pay late. If we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank 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.
7.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 We are not responsible to you for unforeseeable loss and damage caused by us. If we fail to comply with these terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.2 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
9.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
9.3 We will only give your personal information to third parties where the law either requires us or allows us to do so.
10.1 We warrant the goods against defects in design, materials and workmanship arising during normal and proper use for a period of 12 months from delivery. Our obligations under the warranty are limited at our option, to repairing, replacing or refunding the price of the goods which develop such defects.
10.2 The Customer will provide us with all necessary access during normal working hours, facilities and information to enable us to ascertain the nature of the defect and to repair and replace goods which develop such defects.
10.3 Subject to the following clause, the above warranties replace and exclude all conditions, innominate terms, warranties or representations whether expressed or implied by statute , common law, trade usage custom or previous course of dealing.
10.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
10.5 We shall be under no obligation to repair, replace or make good any loss, damage or defect which results from incorrect installation, alteration, or modification without consent, wear and tear, accident, abnormal conditions of storage or use or any act, neglect or fault of the Customer or any third party.
11. FORCE MAJEURE
We shall not be liable to the Customer for the failure to perform or delay in performing any of our contractual obligations to the Customer caused by circumstances beyond our control.
12. OTHER IMPORTANT TERMS
12.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or you obligations under these terms to another person if we agree to this in writing.
12.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. 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.
12.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediatley that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Version: 01 June 2016