search
shopping_bag
search
person_outline shopping_bag

Terms and Conditions

Terms and Conditions for Non-Business Customers

Please note that Terms and Conditions for Business Customers are available below and apply separately and distinctly.


  1. These terms
  2. Information About Us and How to Contact Us
  3. Our Contract With You
  4. Our Products
  5. Your Rights To Make Changes
  6. Our Rights To Make Changes
  7. Providing the Products
  8. Your Rights to End the Contract
  9. How to End the Contract With Us (Including if You Have Changed Your Mind)
  10. Our Rights to End the Contract
  11. If There Is a Problem With the Product
  12. Price and Payment
  13. Our Responsibility for Loss and Damage Suffered By You
  14. How We May Use Your Personal Information
  15. Other Important Terms
  1. These Terms
  2. 1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

    1.2 Who these terms apply to. These terms and conditions apply only if you are buying products on our site as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying products on our site in the course of business, our business terms and conditions apply to such purchases, which can be accessed below

    1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

  3. Information About Us and How to Contact Us
  4. 2.1 Who we are. We are FENIX Shop, a trading style of Direct Online Services Limited, a company registered in England and Wales. Our company registration number is 06642691 and our registered office is at Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF. Our registered VAT number is GB 948 3957 63.

    2.2 How to contact us. You can contact our customer service team by writing to us at [email protected] or via post; Customer Services, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF.

    2.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.

    2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  5. Our Contract With You
  6. 3.1 Accuracy of information. Please ensure that all contact information, such as telephone numbers and/or email addresses provided to us are complete and accurate. It will not be possible to change these details after your order has been placed with us.

    3.2 How we will accept your order. When you place an order with us you are making an offer to buy products from us subject to these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

    3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or we will contact you by telephone and we will reimburse in full any sums you have already paid to us in relation to the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

    3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

    3.5 Order tracking. You may track the status of your order by contacting us or, where such functionality is available, through the Order Status Page on our website.

  7. Our Products
  8. 4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

    4.2 Product tolerances. Although we have made every effort to be as accurate as possible because our products are made using our innovative material, all sizes, weights, capacities, dimensions, and measurements indicated on our website are subject to a manufacturing tolerance. Details of the manufacturing/product tolerances will be set out on the product page for each product.

    4.3 Colour variation. We will always attempt to colour match goods ordered on a multiple basis but due to the manufacturing processes used we cannot guarantee any replication of colour from piece to piece and from batch to batch. We reserve the right to change the décor of our products at any time and if this affects any order you have already placed with us, we will let you know.

    4.4 Samples. Any sample provided by us shall be treated as an approximate guide only. Lengths, colours, and appearance of products can vary from piece to piece and from batch to batch. Due to the manufacturing processes used, colours cannot be replicated uniformly and therefore we cannot and do not offer a sale by sample service. Any products sold by us are sold by description only and you accept this when ordering any products from us.

    4.5 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

    4.6 Storage, installation, and maintenance of products. Please refer to any relevant storage, installation and/or maintenance information. We are not responsible for any damage or defects to products which arise as a result of any failure by you or any person acting on your behalf to:

    4.6.1 install the products correctly; or

    4.6.2 store the products in accordance with our instructions and guidance or such instructions or guidance of the relevant product manufacturer; or

    4.6.3 maintain the products in accordance with our aftercare instructions, whether such instructions originate from us or the relevant product manufacturer.

    4.7 Manufacturer’s warranty. We will let you know if a product has the benefit of a manufacturer’s warranty on the product pages on our website.

  9. Your Rights To Make Changes
  10. 5.1 Changing your order. After we have confirmed that your order has been accepted by us it may be possible to make changes to the order should you require. If you wish to make a change to the product(s) you have ordered, or the date, time, or location for delivery, please contact us as soon as possible. We will do our best to accommodate your request and will let you know if the change is possible. Please note that we reserve the right to charge storage costs in the event that you request to delay delivery for 8 weeks or more from the order date. For further information about such storage costs please contact us.

    5.2 Impact of accepted changes. If a requested change is possible, we will let you know if this affects the price of the product, the cost or timing of delivery, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you agree to make the changes, we will confirm the changes to you by email.

    5.3If we cannot make the changes. On some occasions it may not be possible to make changes to an order, for example if the order has already been dispatched or prepared for dispatch. This is not an exhaustive set of examples and there may be other reasons why we cannot make changes to an order. We will explain that to you if it is the case. If we cannot make a requested change, or the consequences of making the change are unacceptable to you, you may want to cancel your order if you have the right to do so. Please note that for certain products, such as bespoke items, you may not have a right to cancel. Please see the “Your rights to end the contract” section (clause 8) below, provides further details about your cancellation rights and how you may exercise them.

  11. Our Rights To Make Changes
  12. 6.1 Minor changes to the products. We may change the product:

    6.1.1 to reflect changes in relevant laws and regulatory requirements;

    6.1.2 to implement minor technical adjustments and improvements;

    6.1.3 to change the décor of our products as described in clause 4.3, above.

  13. Providing the Products
  14. 7.1 Delivery costs. Delivery costs will be as displayed to you on our website from time to time. Additional terms and conditions may apply to your delivery, in particular in external delivery service partners will deliver the products to you (see further at clause 7.7, below). If you would like further information about delivery, please contact us using the contact details set out clause 2 of these terms and conditions.

    7.2 “Free delivery” applies to first attempt only. If a “free delivery” promotion has been applied to your order, this will apply only in relation to the first delivery attempt. If additional attempts are required these will be charged at our normal rates as described on our website from time to time.

    7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably possible, and we will contact you with an estimated delivery date or to agree an estimated delivery date. We will always aim to deliver the products to you within 30 days after the day on which we accept your order unless we have agreed otherwise with you, or we have notified you that a longer period is required due to the nature of the products ordered and any manufacturing processes required.

    7.4 Delivery dates and times are estimates. Whilst we always endeavour to deliver the products to you on any estimated delivery date or time given or agreed, we cannot guarantee delivery will take place on a particular day or at a particular time. We strongly advise that you do not schedule installers or other trades people to work with or on the products until the products have been delivered to you and you have inspected them to ensure that they are in a satisfactory condition and free from defects or damage. We will not be responsible for any costs or losses you incur as a result of any decision by you to schedule installers or other trades people to attend on a particular date or at a particular time before delivery has been completed or your inspection of the products has taken place.

    7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

    7.6 Collection by you. If you have asked to collect the products from our premises, collection will only be possible at pre-agreed times on weekdays (excluding public holidays) unless we have notified you otherwise. We are able to offer collection from the following depots: Gloucester, Harlow, Redhill, Chesterfield, Warrington, Glasgow, and Birmingham. We will contact you using the telephone number you provide during the order process to notify you when the products are ready for collection. We cannot guarantee the products will be available before such notification has been given. Our staff will not be able to assist you with loading the products for onward transport. It is your responsibility to ensure that you have appropriate transport and people available to complete loading of the products. We shall have no responsibility for any injury sustained by any person you engage to assist you with the collection of products from us or as a result of the loading them on to transport, unless such injury is caused by our negligence.

    7.7 Delivery by external delivery service partners (“couriers”). Where products will be delivered to you by a courier, we will notify you as soon as possible of the name of the relevant courier and we will provide you with any tracking information supplied to us by the courier. Once we have passed the products to the courier for dispatch and delivery, you may track the status of the delivery directly with the courier using the tracking information provided. Should you require any changes to delivery after we have passed products to the courier, we recommend that you contact the courier directly using the contact information provided to you by us or the courier themselves. We cannot guarantee that the courier will be able to accommodate any changes requested by you after the products have been dispatched.

    7.8 Your responsibility to prepare for delivery. Delivery will be made to the nearest ground floor access point at the building located at the delivery address only. We will not deliver up or down stairs/steps from the ground floor access point. We do not deliver via windows, and we will not place goods in lifts or elevators. It is your responsibility to ensure that there is clear access both for the delivery vehicle, our delivery personnel, or the courier to enable delivery to take place safely. If there are any obstructions preventing delivery into the nearest ground floor access point, our delivery personnel or the courier will place the products at the nearest safest point. Delivery personnel and couriers will be unable to remove footwear during delivery and it is your responsibility to cover and protect any flooring from dirt or damage which may occur. We will not be responsible for any damage that is not caused by us or to the extent that it is caused by your negligence.

    7.9 If you are not at home when delivery is attempted. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the products from our premises.

    7.10 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from one of the depots described in clause 7.6 above, or such other depot specified by the relevant courier, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

    7.11 When you become responsible for the products. Products will be your responsibility from the time they are delivered to you or you (or any third party nominated by you) collect them from us. Please thoroughly inspect the products on delivery or collection to ensure that they are consistent with your order and are not defective or otherwise damaged. We may ask you to complete a delivery or collection note confirming that a visual inspection of the products was conducted and that no defects or damage was identified by you. Please report any fault or defect identified within 48 hours.

    7.12 Work on products after delivery or collection constitutes acceptance. If you identify a defect or damage to any product do not attempt to fix the issue yourself without first contacting us. The reason for this is that we may not be able to accept return of those products and you may invalidate any manufacturer’s warranty that you would otherwise have the benefit of. If you carry out work on a product after delivery or collection, for example by installing, cutting, or otherwise making alterations which remove the product from its original condition, you will deemed to have accepted the product as free from defects or damage. If you later report defects or damage, you will be deemed to have caused them unless you can demonstrate that the defect or damage was present on delivery or collection.

    7.13 When you own products. You own a product once we have received payment in full for it.

    7.14 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

    7.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

    7.15.1 deal with technical problems or make minor technical changes;

    7.15.2 update the product to reflect changes in relevant laws and regulatory requirements;

    7.15.3 make changes to the product as requested by you or notified by us to you (see clause 6).

    7.16 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

    7.17 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) we will remind you that payment is due, and we will suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

  15. Your Rights to End the Contract
  16. 8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

    8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

    8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

    8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any products.

    8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.5, below, the contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

    8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

    8.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

    8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

    8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or

    8.2.5 you have a legal right to end the contract due to an error on our part.

    8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

    8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

    8.4.1 any products which will be, or have been, produced and/or assembled by us (or our suppliers) to your order, i.e. bespoke products and products created through our fabrication service;

    8.4.2 any products to which work has been carried out after delivery or collection, for example installing, cutting, or which have been otherwise altered to remove them product from their original condition;

    8.4.3 any products which become mixed inseparably with other items after their delivery.

    8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

    8.5.1 For purchases of products, you have 14 days after the day you (or someone you nominate) receives the products, unless:

    8.5.1.1 Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

    8.5.1.2 Your 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 the products.

  17. How to End the Contract With Us (Including if You Have Changed Your Mind
  18. 9.1 Tell us you want to end the contract. To end the contract with us, please contact us to let us know, for example by doing one of the following:

    9.1.1 Phone or email. Email customer services at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.

    9.1.2 Online. Complete the form on our website. If you have not received a confirmation of receipt regarding your request to end the contract within a reasonable period of time, please contact us to ensure that we have received your request.

    9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in their original packaging. You must either return the products in person to where you bought them, post them back to us at Return Team, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF or (if they are not suitable for posting) allow us, or someone nominated by us, to collect them from you. Please email customer services at [email protected] to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us, you wish to end the contract.

    9.3 When we will pay the costs of return. We will pay the costs of return:

    9.3.1 if the products are faulty or misdescribed;

    9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so due to an error on our part. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

    9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we may charge you the direct cost to us of collection. If that is the case, we will let you know as soon as is reasonably possible.

    9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

    9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

    9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop, or which is otherwise not permitted by these terms and conditions. This includes, but is not limited to, cutting the product, altering the product, installing the product, removing protecting coverings from the product to check contents or to perform a colour match, or unpacking the product beyond opening it to check its contents. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

    9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered more quickly at a higher cost, then we will only refund what you would have paid for the cheapest delivery option.

    9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then and we have not offered to collect the product from you, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

  19. Our Rights to End the Contract
  20. 10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

    10.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;

    10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

    10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

    10.1.4 you are abusive or aggressive to our staff or our external delivery service partners;

    10.1.5 you have otherwise breached these terms and conditions in a serious way.

    10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

    10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as we are aware of us stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

  21. If There Is a Problem With the Product
  22. 11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [email protected] or via post; Customer Services, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF. Whilst we endeavour to respond to all questions or complaints promptly and within two working days, during busy periods it may take us longer to respond.

    11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights:


SUMMARY OF YOUR KEY LEGAL RIGHTS WITHIN THE UK AND EU

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your products are faulty, then you can get an immediate refund.

b) Up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your statutory rights under the Consumer Rights Act 2015 are breached, for example if products should but do not last a reasonable length of time, you may be entitled to some money back. A claim may be brought for up to six years following a breach of contract.

See also clause 8.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email customer services at [email protected] for a return label or to arrange collection.

  • Price and Payment
  • 12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order.

    12.2 Sales can be extended. We reserve the right to extend sales beyond any stated end date at our absolute discretion.

    12.3 We will pass on changes in the rate 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, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

    12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

    12.5 When you must pay and how you must pay. We accept payment with all major credit and debit cards. We charge your credit or debit card at the point of payment. You must pay for the products before we dispatch them.

    12.6 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

  • Our Responsibility for Loss and Damage Suffered By You
  • 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if you discussed it with us during the sales process.

    13.2 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 within the UK and EU in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.

    13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property while doing so but only to the extent that such damage is caused by us. However, we are not liable for any damage which is not caused by us, or which is caused by your negligence, nor are we responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

    13.4 We are not liable for business losses. We only supply the products for domestic and private use. 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.

  • How We May Use Your Personal Information
  • 14.1 How we may use your personal information. We will only use your personal information as set out in our policy.

  • Other Important Terms
  • 15.1 We may transfer our contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

    15.2You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

    15.3 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, except as explained in clause 15.1.

    15.4 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.

    15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately 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 mean 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.

    15.6 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 the 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.

    SCHEDULE 1

    Model Cancellation Form

    (Complete and return this form only if you wish to withdraw from the contract)

    To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

    I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*],

    Ordered on [*]/received on [*],

    Name of consumer(s),

    Address of consumer(s),

    Signature of consumer(s) (only if this form is notified on paper),

    Date

    [*] Delete as appropriate

    © Crown copyright 2013.

    Terms and Conditions for Business Customers

    1. These terms
    2. Information About Us and How to Contact Us
    3. Our Contract With You
    4. Our Products
    5. Your Rights to Make Changes
    6. Our Rights to Make Changes
    7. Providing the Products
    8. Your Rights to End the Contract
    9. How to End the Contract With Us (Including If You Have Changed Your Mind)
    10. Our Rights to End the Contract
    11. If There is a Problem With The Product
    12. Price and Payment
    13. Our Responsibility for Loss or Damage Suffered by You
    14. How We May Use Your Personal Information
    15. Other Important Terms
    1. These Terms
    2. 1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

      1.2 Who these terms apply to. These Terms apply only if you are buying products on our site in the course of your business, craft or profession. These Terms do not apply if you are a consumer. If you are buying products on our site as a consumer, our Consumer Terms and Conditions apply to such purchases, which can be accessed directly above.

      1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

    3. Information About Us and How to Contact Us
    4. 2.1 Who we are. We are FENIX Shop, a trading style of Direct Online Services Limited, a company registered in England and Wales. Our company registration number is 06642691 and our registered office is at Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF. Our registered VAT number is GB 948 3957 63.

      2.2 How to contact us. You can contact us by writing to us at [email protected] or via post; Customer Services, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF.

      2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

      2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

    5. Our Contract With You
    6. 3.1 Accuracy of information. Please ensure that all contact information, such as telephone numbers and/or email addresses provided to us are complete and accurate. It will not be possible to change these details after your order has been placed with us.

      3.2 How we will accept your order. When you place an order with us you are making an offer to buy products from us subject to these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

      3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or we will contact you by telephone and we will reimburse in full any sums you have already paid to us in relation to the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

      3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

      3.5 Order tracking. You may track the status of your order by contacting us or, where such functionality is available, through the Order Status Page on our website.

    7. Our Products
    8. 4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

      4.2 Product tolerances. Although we have made every effort to be as accurate as possible because our products are made using our innovative material, all sizes, weights, capacities, dimensions, and measurements indicated on our website are subject to a manufacturing tolerance. Details of the manufacturing/product tolerances will be set out on the product page for each product.

      4.3 Colour variation. We will always attempt to colour match goods ordered on a multiple basis but due to the manufacturing processes used we cannot guarantee any replication of colour from piece to piece and from batch to batch. We reserve the right to change the décor of our products at any time and if this affects any order you have already placed with us, we will let you know.

      4.4 Samples. Any sample provided by us shall be treated as an approximate guide only. Lengths, colours, and appearance of products can vary from piece to piece and from batch to batch. Due to the manufacturing processes used, colours cannot be replicated uniformly and therefore we cannot and do not offer a sale by sample service. Any products sold by us are sold by description only and you accept this when ordering any products from us.

      4.5 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

      4.6 Storage, installation, and maintenance of products. Please refer to all relevant storage, installation and/or maintenance information>. We are not responsible for any damage or defects to products which arise as a result of any failure by you or any person acting on your behalf to:

      4.6.1 install the products correctly; or

      4.6.2 store the products in accordance with our instructions and guidance or such instructions or guidance of the relevant product manufacturer; or

      4.6.3 maintain the products in accordance with our aftercare instructions, whether such instructions originate from us or the relevant product manufacturer.

      4.7 Manufacturer’s warranty. We will let you know if a product has the benefit of a manufacturer’s warranty on the product pages on our website.

    9. Your Rights to Make Changes
    10. 5.1 Changing your order. After we have confirmed that your order has been accepted by us it may be possible to make changes to the order should you require. If you wish to make a change to the product(s) you have ordered, or the date, time, or location for delivery, please contact us as soon as possible. We will do our best to accommodate your request and will let you know if the change is possible. Please note that we reserve the right to charge storage costs in the event that you request to delay delivery for 8 weeks or more from the order date. For further information about such storage costs please contact us.

      5.2 Impact of accepted changes. If a requested change is possible, we will let you know if this affects the price of the product, the cost or timing of delivery, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you agree to make the changes, we will confirm the changes to you by email.

      5.3If we cannot make the changes. On some occasions it may not be possible to make changes to an order, for example if the order has already been dispatched or prepared for dispatch. This is not an exhaustive set of examples and there may be other reasons why we cannot make changes to an order. We will explain that to you if it is the case. If we cannot make a requested change, or the consequences of making the change are unacceptable to you, you may want to cancel your order if you have the right to do so. Please note that for certain products, such as bespoke items, you may not have a right to cancel. Please see the “Your rights to end the contract” section (clause 8) below, provides further details about your cancellation rights and how you may exercise them.

    11. Our Rights to Make Changes
    12. 6.1 Minor changes to the products. We may change the product:

      6.1.1 to reflect changes in relevant laws and regulatory requirements;

      6.1.2 to implement minor technical adjustments and improvements;

      6.1.3 to change the décor of our products as described in clause 4.3, above.

    13. Providing the Products
    14. 7.1 Delivery costs. Delivery costs will be as displayed to you on our website from time to time. Additional terms and conditions may apply to your delivery, in particular in external delivery service partners will deliver the products to you (see further at clause 7.7, below). If you would like further information about delivery, please contact us using the contact details set out clause 2 of these terms and conditions.

      7.2 “Free delivery” applies to first attempt only. If a “free delivery” promotion has been applied to your order, this will apply only in relation to the first delivery attempt. If additional attempts are required these will be charged at our normal rates as described on our website from time to time.

      7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably possible, and we will contact you with an estimated delivery date or to agree an estimated delivery date. We will always aim to deliver the products to you within 30 days after the day on which we accept your order unless we have agreed otherwise with you, or we have notified you that a longer period is required due to the nature of the products ordered and any manufacturing processes required.

      7.4 Delivery dates and times are estimates. Whilst we always endeavour to deliver the products to you on any estimated delivery date or time given or agreed, we cannot guarantee delivery will take place on a particular day or at a particular time. We strongly advise that you do not schedule installers or other trades people to work with or on the products until the products have been delivered to you and you have inspected them to ensure that they are in a satisfactory condition and free from defects or damage. We will not be responsible for any costs or losses you incur as a result of any decision by you to schedule installers or other trades people to attend on a particular date or at a particular time before delivery has been completed or your inspection of the products has taken place.

      7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

      7.6 Collection by you. If you have asked to collect the products from our premises, collection will only be possible at pre-agreed times on weekdays (excluding public holidays) unless we have notified you otherwise. We are able to offer collection from the following depots: Gloucester, Harlow, Redhill, Chesterfield, Warrington, Glasgow, and Birmingham. We will contact you using the telephone number you provide during the order process to notify you when the products are ready for collection. We cannot guarantee the products will be available before such notification has been given. Our staff will not be able to assist you with loading the products for onward transport. It is your responsibility to ensure that you have appropriate transport and people available to complete loading of the products. We shall have no responsibility for any injury sustained by any person you engage to assist you with the collection of products from us or as a result of the loading them on to transport, unless such injury is caused by our negligence.

      7.7 Delivery by external delivery service partners (“couriers”). Where products will be delivered to you by a courier, we will notify you as soon as possible of the name of the relevant courier and we will provide you with any tracking information supplied to us by the courier. Once we have passed the products to the courier for dispatch and delivery, you may track the status of the delivery directly with the courier using the tracking information provided. Should you require any changes to delivery after we have passed products to the courier, we recommend that you contact the courier directly using the contact information provided to you by us or the courier themselves. We cannot guarantee that the courier will be able to accommodate any changes requested by you after the products have been dispatched.

      7.8 Your responsibility to prepare for delivery. Delivery will be made to the nearest ground floor access point at the building located at the delivery address only. We will not deliver up or down stairs/steps from the ground floor access point. We do not deliver via windows, and we will not place goods in lifts or elevators. It is your responsibility to ensure that there is clear access both for the delivery vehicle, our delivery personnel, or the courier to enable delivery to take place safely. If there are any obstructions preventing delivery into the nearest ground floor access point, our delivery personnel or the courier will place the products at the nearest safest point. Delivery personnel and couriers will be unable to remove footwear during delivery and it is your responsibility to cover and protect any flooring from dirt or damage which may occur. We will not be responsible for any damage that is not caused by us or to the extent that it is caused by your negligence.

      7.9 If you are not at home when delivery is attempted. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the products from our premises.

      7.10 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from one of the depots described in clause 7.6 above, or such other depot specified by the relevant courier, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

      7.11 When you become responsible for the products. Products will be your responsibility from the time they are delivered to you or you (or any third party nominated by you) collect them from us. Please thoroughly inspect the products on delivery or collection to ensure that they are consistent with your order and are not defective or otherwise damaged. We may ask you to complete a delivery or collection note confirming that a visual inspection of the products was conducted and that no defects or damage was identified by you. Please report any fault or defect identified within 48 hours.

      7.12 Work on products after delivery or collection constitutes acceptance. If you identify a defect or damage to any product do not attempt to fix the issue yourself without first contacting us. The reason for this is that we may not be able to accept return of those products and you may invalidate any manufacturer’s warranty that you would otherwise have the benefit of. If you carry out work on a product after delivery or collection, for example by installing, cutting, or otherwise making alterations which remove the product from its original condition, you will deemed to have accepted the product as free from defects or damage. If you later report defects or damage, you will be deemed to have caused them unless you can demonstrate that the defect or damage was present on delivery or collection.

      7.13 When you own products. You own a product once we have received payment in full for it.

      7.14 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

      7.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

      7.15.1 deal with technical problems or make minor technical changes;

      7.15.2 update the product to reflect changes in relevant laws and regulatory requirements;

      7.15.3 make changes to the product as requested by you or notified by us to you (see clause 6).

      7.16 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

      7.17 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) we will remind you that payment is due, and we will suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

    15. Your Rights to End the Contract
    16. 8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

      8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

      8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

      8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any products.

      8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.5, below, the contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

      8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

      8.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

      8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

      8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or

      8.2.5 you have a legal right to end the contract due to an error on our part.

      8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

      8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

      8.4.1 any products which will be, or have been, produced and/or assembled by us (or our suppliers) to your order, i.e. bespoke products and products created through our fabrication service;

      8.4.2 any products to which work has been carried out after delivery or collection, for example installing, cutting, or which have been otherwise altered to remove them product from their original condition;

      8.4.3 any products which become mixed inseparably with other items after their delivery.

      8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

      8.5.1 For purchases of products, you have 14 days after the day you (or someone you nominate) receives the products, unless:

      8.5.1.1 Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

      8.5.1.2 Your 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 the products.

    17. How to End the Contract With Us (Including If You Have Changed Your Mind)
    18. 9.1 Tell us you want to end the contract. To end the contract with us, please contact us to let us know, for example by doing one of the following:

      9.1.1 Email customer services at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.

      9.1.2 Online. Complete the form. If you have not received a confirmation of receipt regarding your request to end the contract within a reasonable period of time, please contact us to ensure that we have received your request.

      9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in their original packaging. You must either return the products in person to where you bought them, post them back to us at Return Team, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF or (if they are not suitable for posting) allow us, or someone nominated by us, to collect them from you. Please email us at [email protected] to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us, you wish to end the contract.

      9.3 When we will pay the costs of return. We will pay the costs of return:

      9.3.1 if the products are faulty or misdescribed;

      9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so due to an error on our part. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

      9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we may charge you the direct cost to us of collection. If that is the case, we will let you know as soon as is reasonably possible.

      9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

      9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

      9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop, or which is otherwise not permitted by these terms and conditions. This includes, but is not limited to, cutting the product, altering the product, installing the product, removing protecting coverings from the product to check contents or to perform a colour match, or unpacking the product beyond opening it to check its contents. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

      9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered more quickly at a higher cost, then we will only refund what you would have paid for the cheapest delivery option.

      9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then and we have not offered to collect the product from you, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

    19. Our Rights to End the Contract
    20. 10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

      10.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;

      10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

      10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

      10.1.4 you are abusive or aggressive to our staff or our external delivery service partners;

      10.1.5 you have otherwise breached these terms and conditions in a serious way.

      10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

      10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as we are aware of us stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

    21. If There is a Problem With The Product
    22. 11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can  write to us at [email protected] or via post; Customer Services, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF. Whilst we endeavour to respond to all questions or complaints promptly and within two working days, during busy periods it may take us longer to respond.

      11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights:

      SUMMARY OF YOUR KEY LEGAL RIGHTS

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

      a) Up to 30 days: if your products are faulty, then you can get an immediate refund.

      b) Up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

      c) Up to six years: if your statutory rights under the Consumer Rights Act 2015 are breached, for example if products should but do not last a reasonable length of time, you may be entitled to some money back. A claim may be brought for up to six years following a breach of contract.

      See also clause 8.3.

      See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

      11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email customer services at [email protected]

      12 PRICE AND PAYMENT


    23. Price and Payment
    24. 12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order.

      12.2 Sales can be extended. We reserve the right to extend sales beyond any stated end date at our absolute discretion.

      12.3 We will pass on changes in the rate 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, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

      12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

      12.5 When you must pay and how you must pay. We accept payment with all major credit and debit cards. We charge your credit or debit card at the point of payment. You must pay for the products before we dispatch them.

      12.6 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

    25. Our Responsibility for Loss or Damage Suffered by You
    26. 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if you discussed it with us during the sales process.

      13.2 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 as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.

      13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property while doing so but only to the extent that such damage is caused by us. However, we are not liable for any damage which is not caused by us, or which is caused by your negligence, nor are we responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

      13.4 We are not liable for business losses. We only supply the products for domestic and private use. 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.

    27. How We May Use Your Personal Information
    28. 14.1 How we may use your personal information. We will only use your personal information as set out in our policy.

    29. Other Important Terms
    30. 15.1 We may transfer our contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

      15.2You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

      15.3 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, except as explained in clause 15.1.

      15.4 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.

      15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately 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 mean 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.

      15.6 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 the 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.

      SCHEDULE 1


      Bespoke Service

      The following terms and conditions apply to our bespoke goods and fabrication service and supplement our standard Business Ts & Cs which will also apply to the service and the Products supplied to you. The "fabrication service" includes, but is not exclusive to, all works detailed on our fabrication service page, e.g. machining, oiling, and other fabrication works. Please note that our bespoke kitchen painting service is also governed by these terms and conditions and any Products painted as part of this service shall constitute “bespoke goods”.

      1 ORDER PROCESS

      1.1 Our bespoke service is not available online for business customers. If you are a business customer and you wish to use our bespoke service, please get in touch via our Contact Centre by email.

      1.2 We will respond to all bespoke goods and fabrication requests with a formal quotation document, prepared by one of our trained specialists, which outlines the proposed customisation work. You may accept or reject the quotation provided.

      1.3 Accuracy of information. You are responsible for ensuring that the quotation is complete and accurate before you confirm acceptance of it. We will not be able to amend the quotation once you have accepted it.

      1.4 Making sure your measurements are accurate. You must make sure that the dimensions, other relevant information and materials provided are correct for your required use. You must also ensure that any diagram we produce for you is consistent with and compatible with those plans. We are not able to check plans for you. We cannot be held liable if the dimensions, diagrams or other information provided by you are subsequently found to be incorrect or incompatible with any architectural or other plans you are working from.

      1.5 If you accept the quotation provided you may place an order with us for the proposed customisation work. You are also responsible for ensuring that any order you place with us is complete and accurate. We will not be able to amend your order once we have accepted it. We will confirm in writing (i.e. by email) whether we accept or decline your order.

      1.6 If we can accept your order. If we confirm acceptance of your order, the contract will be formed subject to these terms and conditions and our standard Business Ts & Cs.

      1.7 We do not accept responsibility for orders that are not received due to network connection issues. We also do not accept responsibility for any delays caused by our communications not being received by you due to the operation of a spam or other filter within your email account. It is your responsibility to ensure that communications from you have been received by us (and conversely from us by you), and to seek confirmation from us via other mediums (such as telephone) for avoidance of doubt, if necessary.

      1.8 When does the fabrication service commence. We will commence the fabrication service once we have received the required payment from you in cleared funds and the design diagram has been confirmed by email as described in clause 2, below.

      1.9 Please note that our bespoke kitchen painting service does not require a diagram to be produced or agreed. We will commence the bespoke kitchen painting service once we have received payment from you in cleared funds.

      2 CANCELLATION OR AMENDMENTS TO ORDERS

      2.1 When you don’t have the right to change your mind. You do not have a right to change your mind and cancel a contract in respect of any Products which will be, or have been, provided, customised, and/or assembled by us (or our suppliers) to your order, i.e. bespoke Products (including bespoke painted kitchens) and/or Products created through our fabrication service, including Products which are made to your measurements or which are in any way installed, cut, oiled (save for a test patch), altered to remove them from their original condition or otherwise hand finished to your requirements.

      2.2 In exceptional circumstances and in our absolute discretion, we may allow you to cancel bespoke kitchen painting or fabrication work should we deem this necessary, but only if the goods have not yet been subject to customisation. If we do agree to allow you to cancel your order on this basis, we will credit your account/customer record with the value of the cancelled order for use against a future order. We reserve the right to retain an amount from such credit to cover the costs we have incurred in performing the services up to the point of cancellation. We reserve the right to offer or withdraw this cancellation option at our discretion.

      2.3 If we cannot make the changes. We cannot make changes to your order after either: (a) order confirmation for the bespoke kitchen painting service; or (b) you have provided confirmation that the diagram is agreed for the fabrication service. However, should you notice an error, please contact us as soon as possible, within 24 hours of our written acceptance of your order, and we will consider a request for a change to your order. Our assessment on whether a change can be accommodated is final and we reserve the right to deny any request for change after either: (a) order confirmation for the bespoke kitchen painting service; or (b) point of diagram confirmation for the fabrication service.

      3 FAULTY GOODS

      3.1 In the rare event that customised or bespoke goods are found to be faulty, we will, at our option, either arrange to repair or replace the items or credit your account/customer record with the value of the cancelled order for use against a future order (subject to the provisions set out in clause 10 of our standard Business Ts & Cs). If we opt to repair or replace the items, we will endeavour to complete this work as soon as practicable. We may wish to collect the items in order to carry out any such repair.

      3.2 If a service has not been carried out with reasonable care and skill, we will, at our option, repeat or fix the service or provide you with credit to your account/customer for use against a future order in relation to the part of the service which was not carried out to standard.

      3.3 Once we have completed the steps set out in clause 4.1 or 4.2, as is relevant, we shall have no further liability to the you in respect of faulty goods or services not provided with reasonable care and skill.

      4 DELIVERY

      4.1 Delivery dates and times are estimates. Whilst we use reasonable endeavours to deliver any bespoke items within the timeframe quoted at the point of order, any timeframe provided is our best estimate only. This is due to the custom manufacturing process required to produce certain goods to your requirements.

      4.2 We recommend that all of our customers allow an additional 42 days in the event of any unforeseen delays in the manufacturing process.

      4.3 Changing your delivery date. If you wish to change your delivery date following placement of an order where delivery of any oak kitchens or cabinets are concerned, we must be informed at least five working days prior to the original date of delivery. Due to production and logistic schedules, changes requested after this time cannot be accommodated.

      4.4 When we may charge storage costs. Please note that we reserve the right to charge storage costs in the event that you request to delay delivery for 8 weeks or more from the order date for any bespoke painted kitchens or goods produced via our fabrication service. For further information about such storage costs please contact us.

      4.5 When final delivery dates are booked or where delivery date changes are made, we require 15 working days' notice before the end of the 8-week period to avoid storage costs being accrued. Where a delivery date is changed or cancelled within two working days of the pre-arranged original delivery date, a re-delivery fee equal to the standard delivery charge will apply.

      5 TOLERANCES

      5.1 All works have a + / - 3 millimetre tolerance.