SALES TERMS AND CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our goods and/or services to you.
1.2 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 goods and/or services
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.
2. Information about us and how to contact us
2.1 Who we are. We are KINVER CANOPIES Limited a company registered in England and Wales.
Our company registration number is 07610236 and our registered office is at Unit 19,Gainsbrough
Trading Estate,Stourbridge DY97ND. Our registered VAT number is 220677128
2.2 How to contact us. You can contact us by telephoning at 01384394469 or by email to
sales@kinvercanopies.co.uk or by post to the above address.
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.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we
tell you that we are able to provide you with the services and receive your deposit, which we
will also confirm in writing to you, at which point a contract will come into existence between
you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform
you of this and will not charge you for the services. This might be because of
unexpected limits on our resources which we could not reasonably plan for, or because
we have identified an error in the price or description of the services.
3.3 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.
4. Our products and guarantee
4.1 Our products may vary slightly from their pictures. The images of the products in our
brochure OR 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 or the printed pictures in our brochure accurately reflects the
colour of the products. Your product may vary slightly from those images.
4.2 Making sure your measurements are accurate. If we are making the product to
measurements you have given us you are responsible for ensuring that these
measurements are correct. Please contact us for information and tips on how to
measure correctly.
4.3 Our Guarantee
All our bespoke canopy systems are guaranteed to be without material or manufacturing faults/defects for a period of 5 years from
the date of delivery. If any defect occurs within the guarantee period, we will repair or replace as required. This guarantee is on a
"return-to-base" basis. Once we receive the defective item we will assess it, repair accordingly and return to you completely free of charge.
This guarantee does not apply to any defect in made-to-measure goods arising from
- Abnormal wear and tear
- Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party
- Failure to operate or use the goods in accordance with any user and maintenance instructions provided by Kinver Canopies Ltd.
- Any alteration or repair of the made-to-measure goods by anyone other than Kinver Canopies Ltd
- Any specification, information and/or materials provided by you. (e.g. existing framework structure.)
This guarantee in no way affects your statutory legal rights.
5. Your rights to make changes
5.1 Client-requested changes in specifications.
Changes in order specification made after estimate confirmation and deposit payment must be submitted in writing. Once acknowledged and agreed by Kinver Canopies Ltd, any cost adjustments will be communicated and reflected in the final invoice.
5.2 If there are any changes of circumstance, such as the boat's location, accesibility or
delays in boat-build, please let us know. We will then inform you of any adjustment to costs
arising from these changes. Costs will increase if further away.
6. Our rights to make changes
6.1 Minor changes to the services. We may change the services:
- (a) to implement minor technical adjustments and improvements,
- (b) if we find a defect which in our opinion needs rectifying, we will notify you to advise of any issues and suggest a course of action to be agreed upon before continuation of service.
7. Providing the goods and/or services
7.1 When we will provide the services. We will supply the services to you from the date we accept your order. The estimated completion time for the services will be given at
point of ordering the goods.
7.2 When we will provide the products. During the process, where applicable, we will let
you know when we will provide each stage of the service. If there is any change to the
estimated completion time we will inform you as soon as possible.
7.3 We are not responsible for delays outside our control. If our performance of the
services is affected 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 services you have paid for but not received.
7.4 If you do not allow us access to provide services. If you have asked us to provide the services
to you at your property and you do not allow us access to your property as arranged
(and you do not have good reason for this) we may charge you additional costs incurred as a result.
If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we
may end the contract and clause 8.3 will apply.
8. Your rights to end the contract
8.1 You can always end the contract before the services have been supplied and paid
for. You may contact us at any time to end the contract for the services, but in some
circumstances we may charge you certain sums for doing so, as described below.
8.2 What happens if you have good reason for ending the contract. If you are ending
the contract for a reason set out at (a) to (c) below the contract will end immediately and
we will only charge you for services which have been provided to that date.
The relevant reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.1);
(b) we have told you about an error in the price or description of the services you
have ordered and you do not wish to proceed;
(c) you have a legal right to end the contract because of something we have done
wrong.
8.3 What happens if you end the contract without a good reason. If you are not ending
the contract for one of the reasons set out in clause 8.2, the contract will end
immediately but we may charge you reasonable compensation for the net costs we will
incur as a result of your ending the contract.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by
writing to you if:
(a) 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;
(b) you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the services;
(c) you do not, within a reasonable time, give us access to your property to enable
us to provide the services to you. This includes the boat being unavailable for us to work
on within our working radius of 100 miles from DY97ND.
10. If there is a problem with the goods and/or services.
10.1 How to tell us about problems. If you have any questions or complaints, please
contact us. You can contact us by telephoning 01384394469 or by writing to us at
sales@kinvercanopies.co.uk or by post to the above address.
10.2 Summary of your legal rights. See the box below for a summary of your key legal
rights in relation to the goods and/or services. Nothing in these terms will affect your
legal rights.
11.Payment
11.1 When you must pay and how you must pay. All orders for bespoke goods are
secured with an advance deposit payment equal to £60 per item i.e. (£120 for two items, a cratch and Pram hood. £60 for a single item just a Pram hood. We may invoice you for payment equal to 50% of the total value of the goods or
services once templates/measurements are taken for the items and before production is commenced. Final and full payment for the goods/services is due on completion or next working day. You must pay for products (including delivery)
before we dispatch them. We accept payment with most debit cards but no credit cards.
11.2 We can charge interest if you pay late. If you do not make any payment to us by the
due date we may charge interest to you on the overdue amount at the
rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time.
This interest shall accrue on a daily basis from the due date until the date of actual
payment of the overdue amount, whether before or after judgment. You must pay us
interest together with any overdue amount.
12. Our responsibility for loss or damage suffered by you.
12.1 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.
12.2 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 caused by us while doing so.
However, we are not responsible for the cost of repairing any pre-existing faults or
damage to your property that we discover while providing the services or repair to paint work that may peel from the boat whilst masking tape is used to obtain templates.
12.3 We are not liable for business losses. If you use the services 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.
13. How we may use your personal information
13.1 We will use the personal information you provide to us to:
(a) provide the goods and/or services;
(b) process your payment for such goods and/or services; and
(c) to inform you about similar products that we provide, but you may stop receiving
these communications at any time by contacting us.
13.2 We will only give your personal information to third parties where the law either requires
or allows us to do so.
14. Other important terms
14.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 services in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the services in either the Scottish or the English courts. If you
live in Northern Ireland, you can bring legal proceedings in respect of the services in
either the Northern Irish or the English courts.
