CHART STABLES, CHART GARAGES, CHART GARDEN BUILDINGS, AND CHART FENCING AND SHEDS TERMS OF BUSINESS
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
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 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.
1.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual or You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Chart Stables Limited, a company registered in England and Wales. Our company registration number is 02941514 and our registered office is at Chart House, Dencora Way, Ashford Kent TN23 4FH.
2.2. How to contact us. You can contact us by telephoning our customer service team on 01233 229898 or by writing to us at email@example.com or Chart House, Dencora Way, Ashford Kent TN23 4FH.
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 email you to accept it, at which point a contract will come into existence between you and us. Any quotation given by us shall not constitute an offer to enter into a contract. A quotation is valid for 30 days from the date of its issue.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for 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 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.
3.3. 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.
3.4. If you are based outside the UK. Our marketing materials and website are solely for the promotion of our products in the UK. If you are based outside of the UK, we reserve the right to refuse to accept your order.
4. OUR PRODUCTS
4.1. Products may vary slightly from their pictures. The images of the products on our website or brochure 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. Although we have made every effort to be as accurate as possible, all timber sizes quoted on our website or brochure are the unplaned sizes and, as our products are manufactured to order, there may be minor differences between the product and the all sizes, weights, capacities, dimensions and measurements indicated on our website or brochure.
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. You can obtain information and tips on how to measure by contacting us.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply 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.
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2. More significant changes to the products and these terms. In addition, we may make more significant changes to the product or these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
7. CONSTRUCTION OF BUILDING FOUNDATIONS
7.1. You are responsible for ensuring that the building foundations are prepared in accordance with our base plan and specifications. A well-constructed foundation to your building is imperative in preventing rotting and increasing its lifespan by acting as a water barrier. During the design process, we will provide you with a base plan to suit the dimensions of your building. You are responsible for ensuring the foundations are constructed in line with our base plans. If required, we may be able to recommend a local contractor to you.
7.2. If the foundations do not conform to our base plans we may not erect the building. If in our reasonable opinion, the foundations have not been prepared in accordance with the base plan provided, we may refuse to erect the building until the foundations conform to the base plan. In such circumstances, we will charge you 25% of the contract value in attending the property but being unable to carry out the installation as well as any storage costs incurred whilst the foundations are being rectified and further delivery costs.
8. PROVIDING THE PRODUCTS
8.1. Delivery costs. The costs of delivery will be as provided to you during the order process. If you are not provided with the costs of delivery during the order process, you will be advised of the costs of delivery before delivery is made. The costs of delivery include charges for packaging.
8.2. When we will provide the products. During the order process we will let you know the estimated date when we will provide the products to you.
(a) If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and, once the materials have been manufactured, we will contact you to agree a delivery date which unless otherwise agreed in writing, will be within 10 weeks after the day on which we accept your order.
(b) If the products are services. We will begin the services on the date set out in the order. The estimated completion date for the services is as provided to you during the order process.
8.3. 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 for a continuous period of more than 12 weeks’ you may contact us by telephoning our customer service team on 01233 229898 or by writing to us at firstname.lastname@example.org or Chart House, Dencora Way, Ashford Kent TN23 4FH to end the contract by giving 4 weeks’ notice.
8.4. Collection by you by prior appointment. If you, or someone on your behalf, have arranged to collect the products from our premises, you can collect them from us at the agreed time of your appointment which will be between 8.30am – 12.30pm and 1pm – 3pm on weekdays (excluding public holidays).
8.5. If you do not allow us access to provide services or install the product. We will require vehicular access to within 25 metres of the proposed installation site to transport the materials and install the building as well as a working area of at least 2 metres around the proposed site of the building. Unless the driver in their absolute discretion decides otherwise, our vehicle must remain on hardstanding at all times. We will discuss access arrangements with you during the order process. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us 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 11.2 will apply.
8.6. Assistance may be required for curb-side DIY deliveries. It is your responsibility to ensure someone is available to assist in the off-loading of these goods upon arrival. In some circumstances, if an attempted delivery is made and there is no-one present and capable to assist our driver, the building(s) may be returned to our Workshop and the purchaser will be liable for all costs associated with a second attempted delivery. Chart Stables Ltd cannot be held responsible for any damage or injury sustained due to incorrect unloading, usage or assembly of any of our products.
8.7. When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collects it from us.
8.8. When you own goods. You own a product once we have received payment in full.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, for example, particular specifications or measurements to allow us to manufacture your product. 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 11.2 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.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. You can always end your contract with us. You may contact us to end your contract for your product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is damaged or misdescribed (see clause 12, “If there is a problem with the products”).
9.2. Bespoke products and products made to order. Where a product has been made to order based on a design or specifications agreed between you and us, we are unable to accept the return of that product or provide a refund unless the product is damaged and we are unable to repair it or does not conform to the design or specifications agreed between you and us.
9.3. What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
9.4. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought otherwise than at our premises, for example, at your premises or by exchange of emails, 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.
9.5. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) a product that has been made to order based on a design or specifications agreed between you and us; and
(b) services, once these have been completed, even if the cancellation period is still running.
9.6. How long do consumers have to change their minds? If you are a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, repairing an existing timber building)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods which do not fall within the definition of immovable? If so you have 14 days after the day you (or someone you nominate) receive the goods.
9.7. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer property under the Consumer Contract Regulations 2013 who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01233 229898 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at Chart House, Dencora Way, Ashford Kent TN23 4FH, including details of what you bought, when you ordered or received it and your name and address.
10.2. 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 allow us to collect them from you. Please call customer services on 01233 229898 or email us at firstname.lastname@example.org to arrange collection.
10.3. When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) 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 as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
10.5. 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.
10.6.Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods whilst they have been on your property, for example, any damage or wear and tear caused to the products whilst standing outdoors. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.7. 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:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. OUR RIGHTS TO END THE CONTRACT
11.1. 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:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 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 products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
11.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 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.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1. 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 01233 229898 or email us at email@example.com or write to us at Chart House, Dencora Way, Ashford Kent TN23 4FH.
12.2.Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01233 229898 or email us at firstname.lastname@example.org to arrange collection.
13. TITLE AND RISK
13.1.The risk in the goods shall pass to you on completion of delivery.
13.2.Title to the goods shall not pass to you until we receive payment in full for the goods.
13.3.Until title to the goods has passed to you, you shall:
(a) store the goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the goods; and
(c) maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
13.4. At any time before title to the goods passes to you, we may require you to deliver up all goods in your possession and if you fail to do so promptly, we will be entitled to recover them.
14. PRICE AND PAYMENT1
4.1. Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order form 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 14.3 for what happens if we discover an error in the price of the product you order.
14.2. 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.
14.3. 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 unmistakable 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 goods provided to you.
14.4. When you must pay and how you must pay. We accept payment by bank transfer, banker’s draft and with most major credit and debit cards. When you must pay depends on what product you are buying:
(a) For supply only of the products, you must make an advance payment of 100% of the price of the order on the date we accept your order.
(b) For supply and installation of the product, you must make an advance payment of 50% of the price of the order on the date we accept your order. We will invoice you for the balance of the price of the product and services when we have completed the installation. You must pay each invoice immediately.
(c) For installation only services, you must make an advance payment of 50% of the price of the order on the date we accept your order. We will invoice you for the balance of the price of the services when we have completed the services. You must pay each invoice immediately.
(d) For post-installation goods and services including but not limited to re-roofing and alterations for buildings, you must make an advance payment of 100% of the price of the order on the date we accept your order.
14.5. 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 the Bank of England 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 judgement. You must pay us interest together with any overdue amount.
14.6. 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.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1. 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.
15.2. We are not liable for warping, cracking, timber shrinkage or other similar problems. Due to their nature, timber buildings and sectional buildings are more susceptible to the weather and environmental conditions than other, more permanent, structures. Whilst all our timbers are inspected and measured at the time of production, we are not liable for any warping, cracking, timber shrinkage or similar or related issues, or any damage caused by severe wind or weather conditions.
15.3. 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 and for defective products under the Consumer Protection Act 1987.
15.4. When we are liable for damage to your property. If we are providing services on 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.
15.5. We are not liable for business losses. If you are a consumer, we only supply the products and services 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.
15.6. If you are a business customer. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
(f) Except where the products are defective, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.7. If you are a business customer. Subject to clause 15.6:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) Our total liability to you in respect of all losses not excluded above arising under or in connection with the supply of our products and services shall in no circumstances exceed the price of the goods and services.
16. BUILDING REGULATION CONSENT AND PLANNING PERMISSION
It is your responsibility to determine whether building regulation consent, planning permissions or other consents are required. We will make no investigations to determine whether building regulation consent, planning permissions or other consents or licences are required. It is your responsibility to obtain any such approvals and to inform us of any building or planning requirements that must be complied with during the order process. Where you do inform us of building or planning requirements we will use all reasonable endeavours to amend the building specification so that the building is compliant and confirm any additional costs with you in writing.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. OTHER IMPORTANT TERMS
18.1.We may transfer this agreement 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.
18.2.You 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.
18.3.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.
18.4.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.
18.5.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.
18.6.Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
18.7.Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.