Terms & Conditions of Business
In these Terms and Conditions, the words and expressions below have the following meanings:
• ‘Conditions’ means these terms and conditions.
• ‘Distance Communication’ means purchases made exclusively via telephone, fax, e-mail, mail order and/or on the Skirting Board Heating website (www.skirtingboardheating.co.uk)
• ‘Product(s)’ means PJUK good(s)
• ‘we’, ‘us’, ‘our’ means PJUK Limited
• ‘you’, ‘your’ means the customer.
• Your order becomes binding as soon as we have accepted it. All orders are subject to availability.
• When preparing estimates remotely we may have to make some assumptions as to dimesnions, methods of construction, U-Values etc. For this reason we strongly advise that your heating engineer conducts a complete heat loss calculation for the project and all quantities are checked before placing an order. We cannot be held responsible for over or under specified skirting heating installations.
• You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements, including specifications, quantities, measurements, dimensions, product features, access and delivery.
• We reserve the right to refuse to supply any individual or company
3. Basis of Sale
All orders that you place by distance communication will be subject to acceptance in accordance with these terms and conditions.
The following is required to create a contract between you and us:
By placing an order by distance communication you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
An order acknowledgement email will be sent to you. Please note that this is merely an acknowledgement of your order and not an acceptance or confirmation of your order by PJUK.
The acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we do not accept your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if: the ordered product is out of stock or unavailable; we identify a pricing or product description error; or we are unable to obtain authorisation for your payment.
We reserve the right to withdraw any Products from sale at any time. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from sale whether or not that Product has been sold; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products from us and lawfully enter into and form contracts with us under English law you must: be over 18 years of age; provide your real name, phone number, email address, payment details and other requested information; provide a valid delivery address in the United Kingdom; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and a valid payment method acceptable to us.
Please note that any acceptance of an order placed from outside the United Kingdom is not valid.
4. Cancellations and Returns
• When returning Products, you should return them to us by one of the following methods together with proof of purchase (a receipt or despatch note), unopened, unused and in their original packaging.
• must be returned unused and in their original packaging and cannot be returned once assembled or part assembled, unless confirmed as defective.
• If you return Products by post, please ensure you include the despatch note and package them properly and securely so that they are not lost or damaged in transit.
• On delivery you are responsible for checking Products carefully, any visible defects must be reported to us immediately. We will not accept liability for visible defects not reported within 3 days.
• Subsequently if you believe any of our Products to be of an unsatisfactory quality, please contact us immediately and treat the Product with utmost care while your claim is being investigated.
• We reserve the right to inspect issues identified and remedy on site, where appropriate.
• Re-delivery or collection charges of £60 will apply where no one is available to accept delivery, or there is no lorry access to the delivery address. Cancellation fees of up to 25% of the value of Products may also apply if the Products are subsequently cancelled.
• An adult must be present at the delivery address to carefully check the unwrapped Products, and sign and acknowledge that the Products have been received in a satisfactory condition.
• Any visible damage to the Products or your property caused as a result of delivery must be reported to us immediately. We will not accept liability for visible damage not reported within three days of delivery.
• The delivery crew will not attempt delivery if there may be health and safety risks or where damage to your home may result, and they will not remove doors, windows or any structural construction in order to attempt delivery.
• We will advise you of any applicable additional delivery charges when you place your order, or as soon as possible thereafter. For prices and availability, please contact us.
• When you order, we will give you an estimated delivery date.
• Depending on the Products ordered, the Product with the longest time to completion may determine your estimated delivery week.
• Delivery dates are not guaranteed and specific times and days cannot be agreed at any time during the order process. Any dates specified by us for delivery of the Product(s) are intended to be an estimate and time for delivery shall not be made of the essence.
• We shall not be liable for delays and/or failures in delivery if we cannot gain access to the delivery address on the agreed delivery date or under any other circumstances beyond our reasonable control.
• If you cannot accept the delivery dates offered within three weeks of the original delivery date this may delay your delivery, and storage charges will apply.
6. Risk of Damage in Transit and Property
We carry the risk of loss or damage to the Products until you receive them. The Products will belong to you when you have received them and have paid us in full. Until payment has been made in full we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them.
• Prices exclude VAT and exclude delivery charges unless otherwise stated.
• All prices are correct at time of entering but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
8. Payment Methods
You may pay by BACS or cheuque.
9. Amendments to these Terms & Conditions
We reserve the right to amend these terms and conditions at any time.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you.
11. Liability and Warranties
Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
12. Data Protection and Privacy
In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
We will respect the privacy of your personal data, and will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by PJUK Limited, its agents and partners.
13. Risk and Title
No order is binding on you or PJUK until we have accepted it. All title and ownership to the ordered Goods will pass to you from the moment they are dispatched by us to the postal service, or to our carriers; and risk will pass on delivery.
14. Entire Agreement
You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not effect the other terms and conditions which shall remain in full force and effect.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
19. PJUK Staff
Our staff have a right to work in a non-threatening environment, we reserve the right to refuse any sale of Products, services or contact with any person who displays verbal, physical and/or threatening behaviour towards our staff.