Terms and Conditions

May 2018
  1. THESE TERMS

1.1       What these terms cover. These are the terms and conditions on which we supply goods and services and fulfil orders to you.

1.2       Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide goods and 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 [or require any changes], please contact us to discuss.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1       Who we are. We are Penny Gregory Interiors a sole trader established in England and Wales. Our address is 1 Hillside, Kitnocks Hill, Curdridge, Southampton, Hampshire SO32 2HJ

2.2       How to contact us. You can contact us by telephoning 01489 788178 or by writing to us at penny@pennygregoryinteriors.co.uk.

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.

  1. OUR CONTRACT WITH YOU

3.1       How we will accept your order. We accept your order when you confirm your acceptance of a quotation by making the requested advance payment. At this 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. 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 goods or services.

3.3       Your order reference. We will assign an order reference 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.

  1. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your order 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 or timing of your order 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.

  1. OUR RIGHTS TO MAKE CHANGES

5.1       Minor changes to orders. We may change your order:

(a)        to reflect changes in relevant laws and regulatory requirements

(b)        to implement minor technical adjustments and improvements

5.2       More significant changes to your order and these terms. In addition, we may make more significant changes, but if we do so we will notify you in advance and you may then contact us to end the contract and receive a full refund before the changes take effect

  1. FULFILLING YOUR ORDER

6.1       When we will fulfil your order. The estimated completion date for your order is as told to you during the order process OR until either you end the contract for the services as described in clause 7 or we end the contract by written notice to you as described in clause 8.

6.2       We are not responsible for delays outside our control. If our fulfilment of your order 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 parts of the order you have paid for but which cannot be completed because of the event outside our control.

6.3       If you do not allow us access to deliver or install your order. If you have asked us to deliver or install goods at your property and you do not allow us access to your property 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 7.3 will apply.

6.4       What will happen if you do not provide required information to us. We may need certain information from you so that we can fulfil your order. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) 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 delays or not providing any part of an order if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

  1. CANCELLING YOUR ORDER

7.1       What happens if you change your mind. All goods supplied by Penny Gregory Interiors are bespoke made to the customer’s specifications. This means that you do not have the right to cancel your order under the Consumer Contracts Regulations, 2014.

7.2       What happens if you have good reason for cancelling your order. Orders may be cancelled for a reason set out at (a) to (e) below. If this happens, the contract will end immediately and we will refund you in full for any parts of the order which have not been completed. The relevant reasons are:

(a)        we have told you about an upcoming change to the services or these terms to which you do not agree  (see clause 5.2);

(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)        there is a risk the order may be significantly delayed because of events outside our control;

(d)        we suspend our services for technical reasons, or notify you that we are going to suspend them for technical reasons.

(e)        you have a legal right to end the contract because of something we have done wrong.

7.3       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 7.1, the contract will end immediately but we will charge you for all items already completed plus reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. OUR RIGHTS TO CANCEL YOUR ORDER

8.1       We may cancel your order if you break the contract. We may cancel your order at any time by writing to you if:

(a)        you do not make a 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 fulfil the order, for example, measurements you have previously agreed to supply yourself; examples of fabric or materials we are to source or match to

(c)        you do not, within a reasonable time, give us access to your property to enable us to provide the services to you; or

(d)        you do not supply, in a timely manner, relevant goods or materials where this has been previously agreed.

8.2       You must compensate us if we cancel your order because you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for aspects of the order 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.

  1. IF THERE IS A PROBLEM WITH THE ORDER

9.1       How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning us on 01489 788178 or by writing to us at penny@pennygregoryinteriors.co.uk or 1 Hillside, Kitnocks Hill, Curdridge, Hampshire, SO32 2HJ

9.2       Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. 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:

  • you can ask us to remake or replace an item if it is not made with reasonable care and skill, or get some money back if we can’t fix it.
  • if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
  • if you haven’t agreed a time upfront, it must be carried out within a reasonable time.

 

9.3       Our guarantee in addition to your legal rights. We offer the following goodwill guarantee which is in addition to your legal rights (as described in clause 9.2) and does not affect them. In the unlikely event there is any defect with your order:

(a)        if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you we will refund the price you have paid for the services.

(b)        in all other circumstances we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within 28 days of notification. If we fail to remedy the defect by this deadline we will refund the price you have paid for the services.

9.4       Transferring our guarantee. You may transfer our guarantee at clause 9.3 to a person who has acquired any item or property in respect of which we have provided the goods or services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the items in question.

  1. PRICE AND PAYMENT

10.1     Where to find the price for the order. The price of the order will be the price set out in our quotation unless we have agreed another price in writing. We take all reasonable care to ensure that the prices advised to you are correct. However please see clause 10.2 for what happens if we discover an error in the price of your order.

10.2     What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the items of your order may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated in our price list, 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 not perform the services.

10.3     When and how you must pay. An advance payment is required to confirm your order. The amount required is detailed in your quotation. In most cases, the outstanding balance becomes due when you receive your order. However, there are instances where we may ask for full or interim payment(s) before you receive your order, for example:

(a)        you ask us to delay the agreed installation or delivery of your order or you ask to delay collecting from us. In this instance, full payment would be due on the original completion date. For example, if your order was due to be delivered or installed on March 1st but you need to change that to April 2nd. The balance payment would still be due March 1st

(b)        we were unable to complete a minor part of your order by the agreed completion date for reasons outside of our control. For example, if we couldn’t make a blind for your bathroom because the fabric required didn’t arrive in time but the curtains for the rest of the house were completed on time. In this case, the balance for the order minus 50% of the value of the bathroom blind would be due on the completion date and the remaining balance for the blind is payable when that item is collected, delivered or installed

(c)        the nature of the goods or services we are to provide is such that both parties agree that part of the price will be charged at a daily/weekly rate rather than a fixed price. Here we ask for regular, interim payments.

Invoices must be paid on the day of collection, delivery or installation of the order or in the case of (c ) above, within 5 working days of the date of invoice. Payments must be made in cleared funds by cash, cheque or bank transfer into our Santander account 09 06 66 40872716.

10.4     We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 9.3) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Santander Bank. 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.

10.5     What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1     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.

11.2     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.

11.3     We are not liable for business losses. If you order 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.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1     How we will use your personal information. We will use the personal information you provide to us to:

(a)        Fulfil your order and provide relevant services.

(b)        process your payment; and

(c)        to inform you about similar products that we provide. You may stop receiving these communications at any time by contacting us.

12.2     We will only give your personal information to third parties where the law either requires or allows us to do so.

  1. OTHER IMPORTANT TERMS

13.1     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

13.2     You may only transfer your rights under our guarantee to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent. We may withold our consent if we consider that the transfer is unreasonable or causes a conflict of interest. However, you do not need our consent to transfer the benefit of our guarantee in clause 9.3 (see clause 9.4).

13.3     Nobody else has any rights under this contract (except someone you pass your guarantee on to). 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 9.3 in respect of our guarantee. Neither of us will need the consent of any person acquiring rights under our guarantee to end the contract or make any changes to these terms.

13.4     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.

13.5     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 or 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 services, we can still require you to make the payment at a later date.

13.6     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 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.