1. BESPOKE and MADE-TO-MEASURE TERMS & CONDITIONS
1.1 These are the terms and conditions on which we supply bespoke products to you .The following conditions issued by Birkdale Manufacturing Group (” the company”) apply to any contract of which these conditions form part to the exclusion of any other standards, specifications, conditions adopted by the Customer, unless expressly accepted in writing by the Company as part of the contract. These conditions apply to services provided by the Company in the same way as they apply to goods supplied by the Company. These conditions shall apply to any contract between the Company and the Customer notwithstanding that the Customer purports to accept only part of the goods referred to in the quotations, or any alterations in prices, descriptions. quality of product or materials or otherwise.
1.2 Please read these terms carefully before your order is processed. 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Birkdale Manufacturing Group Ltd a company registered in England and Wales. Our registered office is at 1-3 Laneham Street Scunthorpe DN15 6LJ
2.2 You can contact us by telephoning our customer service team at 01724 282171or by writing to us at firstname.lastname@example.org or at the address detailed above. Details for our written complaints procedure can be requested by writing to us at the above address.
2.3 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 When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 These terms will apply to your purchase of any goods and/or services from us and may only be changed with our prior written authorisation. These terms together with your order once accepted by us will constitute the contract between you and us for our supply and your purchase of such goods and/or services.
3.2 Any quotation given by us shall not constitute an order, and is only valid for a period of 90 business days from its date of issue. We may extend this period at our discretion.
3.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or because of unexpected limits on our resources which we could not reasonably plan for.
3.4 By entering into a contract with us you warrant to us that you have the right to contract with us to supply the goods and services at the property where they are to be delivered, installed and provided.
4. ORDER AND SURVEY
4.1 The order shall be detailed on: (i) if no survey is required, a written order confirmation summarising the product(s) ordered (the “Order Confirmation”); or (ii) if a survey is required, an order confirmation form including a detailed specification of the product(s) to be manufactured (the “Technical Order Confirmation Form”). Once the order has been completed, signed by you and received by us, the order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you signing it (in which case we shall promptly refund any sums paid by you in respect of the order).
4.2 Some orders are subject to a detailed survey to undertake measurements and specifications for the products. Should this be required one of our advisors will arrange a suitable time for this to take place.
4.3 Should the results of the survey identify amendments to the order which would change the price then we will notify you of such price change whereupon you have the right to proceed with or cancel the order at your discretion. Should you choose to cancel the order we shall promptly refund any sums paid by you in respect of the order.
4.4 The survey process will require you to approve the final design of the product(s) you have ordered. By signing the Order Confirmation Form (electronically and/or on paper) you are agreeing the specification for the product(s) ordered and authorising us to manufacture the product(s) to this specification. The order cannot be changed after this point.
4.5 You agree that whoever you arrange to attend the survey on your behalf and sign the Order Confirmation Form will be acting as your agent and their authorisation of the specification of the product(s) ordered will be binding upon you.
4.6 The product(s) supplied by us to you will correspond with the Order Confirmation Form.
5. OUR PRODUCTS
5.1 The images of the products in our brochure, our visualisation application and/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.
6. YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the product(s) 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(s), the timing of their 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.
7. OUR RIGHTS TO MAKE CHANGES
7.1 We may change any of the product(s) you have ordered:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
7.1.2 to implement minor technical adjustments and improvements.
These changes will not affect your use of such product(s).
7.2 If for any reason we are required to make more significant changes than those set out above to any of the product(s) you have ordered, which will affect your use of such product(s), we will notify you and you may then contact us to end the contract before the changes take effect and receive a full refund for any product(s) you have paid for but not received.
8.1 We will deliver the goods and supply the services to the place noted in the Order Confirmation as the delivery address.
8.2 You will supply us with such information, rights of access and mains electricity that we may reasonably require in order to deliver the goods and perform the services and/or to check the goods and their installation where you notify us about a problem with the same.
8.3 Any delivery or supply date or time specified by us in the Order Confirmation or during the order confirmation process (as the case may be) is an estimate only, and we will not be liable to you for any loss sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control (including, for the avoidance of doubt and without limitation, any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled installation appointment). All of our products are made-to-measure and may have extended manufacturing and/or delivery periods. Some products will have a delivery period in excess of 30 days. The estimated delivery date will be agreed with you at the time of the order and is subject to change.
8.3.1 We do not and can not accept any claims for compensation for cancelled appointments or return visits
8.4 In order to ensure safe working practices it is a condition of these terms that the area in which the works are to be carried out is cleared of, without limitation, pets, plants, furniture, breakable items and household residents. We require 24 hours’ notice of a cancelled installation appointment otherwise we reserve the right to charge you for the costs of the cancelled appointment.
8.5 For larger orders it may be necessary for the products ordered to be delivered to your property prior to the installation date. We will inform you where this is necessary and you will be responsible for accepting such a delivery in accordance with these terms.
8.7 If our supply of the product(s) you have ordered 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 of any sums you have paid in advance for products which will not be provided.
8.8 If you do not allow us access to your property to deliver the goods or supply the services as arranged (and you do not have a good reason for this), we may charge you for the 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.
8.9 The product(s) you have ordered will be your responsibility from the time we deliver the product(s) to the address you gave us.
8.10 You will own the product(s) you have ordered once we have received payment in full for the product(s).
8.11 We may have to suspend the supply of any product(s) you have ordered to:
8.11.1 deal with technical problems or make minor technical changes;
8.11.2 update the product(s) to reflect changes in relevant laws and regulatory requirements; or
8.11.3 make changes to the product(s) as requested by you or notified by us to you.
9. PRICE AND PAYMENT
9.1 The price for the goods and services to be supplied is stated on the Order Confirmation.
9.2 If the rate of VAT changes between your order date and the date we supply the product(s) you have ordered, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) in full before the change in the rate of VAT takes effect.
9.3 A deposit (which depending upon order value may be up to 100% of the agreed price) shall be payable by you upon signing the Order Confirmation or on confirming your acceptance of the order. In the event that cleared funds are not received for the deposit payment (for example, if your debit or credit card declines or your cheque is declined by your bank), we may request full payment by alternative payment method before the installation of any of the product(s) you have ordered takes place.
9.4 Where the order is purchased on credit terms, we will supply you with the relevant contractual documentation. The credit terms shall be regulated by the Consumer Credit Act 1995 and you will have certain rights to cancel under that Act. Please see the credit agreement documents for further details.
9.6 Unless credit terms have been agreed with us in writing or payment in full has been made by you on placing the order, payment in full of the purchase price for the product(s) you have ordered, net of any deposit already paid, is due from you on delivery and completion of the installation of the product(s) or, in the event of your cancellation of the order or ending of the contract under clause 14.3 below prior to completion of the installation of the product(s) or your refusal to accept delivery of the product(s), upon such cancellation, ending or refusal as the case may be.
9.6.1 In some cases we may ask for payment in advance of the installation. Should payment not be received, the installation will be postponed until the point at which the remaining balance has been settled.
9.7 Where you do not make any payment to us under the contract by its due date, we may, in addition to any other rights which we have under the contract and in law, withhold further deliveries or supplies or suspend performance of the contract until arrangements as to payment or credit have been established on terms which are satisfactory to us.
9.8 In the event that your final balance payment is not received by us (for example, if your debit or credit card declines or your cheque is declined by your bank) or if you otherwise fail to make your final balance payment to us upon completion of the installation of the product(s) ordered, we may instruct internal or external debt collectors to collect the monies due from you under the contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector. Orders that remain unpaid after the due date shall be subject to an interest charge of 20% per annum above the Bank of England base rate from time to time. Interest will 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 this interest together with the overdue amount.
9.9 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.
11. YOUR LEGAL RIGHTS
11.1 We are under a legal duty to supply goods and services to you that are in conformity with the contract. Nothing in these terms will affect your legal rights in relation to any non-conformity.
12. YOUR OBLIGATIONS IN RESPECT OF REJECTED PRODUCTS
12.1 If you wish to exercise your legal rights to reject any product(s) you must allow us to collect the rejected product(s) from you. We will pay the costs of collection.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the contract excludes or limits our liability for: (i) death or personal injury resulting from our negligence or that of our employees, advisors or installers; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for purpose, supplied with reasonable skill and care and installed correctly by us); (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which it is unlawful for us to exclude or restrict liability.
13.2 Birkdale can not accept liability for any damage caused due to the removal of existing products and the installation of new products. In some cases, there may be damage which may include, but not limited to, brickwork, plasterwork, woodwork in and around the product area. We will in most cases quote for covering with trims if it is anticipated. We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the products does not breach any leasehold, planning regulations or warranties that you may hold.
13.3 When we supply the products on domestic properties it is for 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.
13.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by you if and to the extent that it is caused by negligence or wilful misconduct by you or by breach by you of your obligations under the contract.
13.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the 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.
13.6 We shall not be liable to you if we are prevented from or delayed in performing any of the obligations that we owe to you under the contract if this is due to any cause beyond our reasonable control, including (without limitation): (i) an act of God, explosion, flood, fire or accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work; (iv) any form of government intervention; (v) any third party act or omission; and (vi) any failure by you to give us a correct delivery address or notify us of any change of address.
13.7 This clause 13 shall survive completion of the contract or the contract ending for any reason.
14. YOUR RIGHTS TO END THE CONTRACT
14.1 All products are bespoke and made-to-measure to your requirements. As such, they fall into the category of tailor-made products under the Consumer Contracts Regulations 2013 and (subject to clauses 14.2 to 14.3 below) you will not therefore be able to cancel your order for any product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described.
14.2 Notwithstanding clause 14.1 above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within two calendar days starting with the date your order is placed. Our preferred method of cancellation is by email to email@example.com to ensure traceability. Your notice of cancellation will be deemed to have been served on and will take effect from the day it is given to us, and any related credit agreement will automatically be cancelled with effect from that date.
14.3 If you are: (i) cancelling your order under clause 14.2 above; or (ii) ending the contract under clause 7.2 above, under clause 8.7 above or for the reason that you have a legal right to end the contract because of something that we have done wrong, the contract will end immediately and we will refund you in full for any product(s) you have paid for that have not been provided or have not been provided properly.
15. OUR RIGHTS TO END THE CONTRACT
15.1 We may end the contract at any time by writing to you if:
15.1.1 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;
15.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) you have ordered;
15.1.3 you do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or
15.1.4 you do not, within a reasonable time, allow us access to your property to supply any services.
15.2 If we end the contract in any of the situations set out in clause 15.1 above and the manufacturing of the product(s) you have ordered has already started, we will not (due to the product(s) being bespoke and made-to-measure to your requirements) refund any money you have paid in advance for such product(s) and we may also be entitled to further compensation.
15.3 We may write to you to let you know that we are going to stop providing any product you have ordered. We will either supply an alternative product or refund in full any sums you have paid in advance for the product which will not be provided.
15.4 If the contract ends for any reason, all terms of the contract shall cease to have effect, except that any term that can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.15.5 The contract ending for any reason shall not affect any accrued rights of you or us.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1. We will use the personal information you provide to us:
16.1.1. to supply the product(s) you have ordered to you;
16.1.2. to process your payment for the product(s) ordered; and
16.2. We may pass your personal information to credit reference agencies in accordance with clause 9.5 above.
16.3. We may pass your details onto an independent third party if required for dispute resolution.
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under the contract to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract.
17.2 You may not transfer any of your rights or obligations under the contract to another person without our prior written consent. The request must be received in writing to Birkdale Customer Services, Unit 1 Arkwright Way, Scunthorpe, DN16 3RN
17.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If we do not insist immediately that you do anything you are required to do under the terms of the contract, or if we delay in taking steps against you in respect of your breaching the 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 supply the product(s) you have ordered, we can still require you to make the payment at a later date.
17.5 Each term of the contract operates separately and, notwithstanding that the whole or any part of any such term may prove to be illegal or unenforceable, the other terms of the contract and the remainder of the term in question shall continue in full force and effect.
17.6 The contract is governed by the laws of England and you can bring legal proceedings in respect of the product(s) you have ordered or otherwise in relation to the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) ordered in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in either the Northern Irish or the English courts. Likewise, if you live in the Republic of Ireland or any other EU member state, you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in either the courts of the member state in which you live or the English courts.
17.7 NON DISCLOSURE AGREEMENT
By accepting this quotation you are agreeing to not share any information regarding this transaction unless agreed by Birkdale in writing.
18 TITLE OF GOODS
18.1 Ownership in the goods will not pass to the Customer until payment for the goods and all other goods agreed to be sold by the Company to the Customer has been received by the Company in full. Nevertheless alI risk in the goods shall pass to the Customer when the goods are delivered to the Customer’s premises. Until the time of actual payment to the Company of the total amounts owing in respect of goods the Customer shall keep the goods on behalf of the Company on the condition that the goods are and remain the property of the Company until payment has been received by the Company as aforesaid Whilst ever ownership in the goods remains with the Company as per 18.1 above the Customer grants to the Company the right to enter into and upon the premises of the Customer upon which the goods may be stored or installed for the purpose of removing the same. Such right of removal shall be exercisable whenever the Customer shall be in breach of any of these conditions and without incurring any liability to the Customer.
19. RETURN AND REFUND POLICY FOR NON BESPOKE PRODUCTS
If you are not entirely satisfied with your purchase, we’re here to help.
You have 14 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
If you have any questions on how to return your item to us, contact us.