What these Terms cover. These are the terms and conditions on which we supply goods or products online via our website.
Why you should read them. Please read these Terms (as defined in clause 2.2) 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.
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; and
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).
Provisions specific to consumers or businesses are indicated beforehand.
For business customers
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
Information about us and how to contact us
Who we are – We are Sand Cast Lead Conservation Limited a company registered in England and Wales. Our company registration number is 11587724 and our registered office is at 16 Leicester Road, Blaby, Leicester. LE8 4GQ.
How to contact us. You can contact us by telephoning our customer service team at 0116 2436505 or by writing to us at email@example.com
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.
“Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
How we use your personal information
Our contract with you
How we will accept your order – We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm receipt of your order by sending an email to you at the email address you provide in your order form. We will send you a subsequent e-mail once we have started processing your order. Our acceptance of your order begins at this point (“Your order is now being processed”) and brings into existence a legally binding contract between us.
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 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 a credit reference we have obtained for you does not meet our minimum requirements, 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.
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.
We only sell to the UK via the Website. Our website is solely for the promotion and delivery of our products in the UK.
Products may vary slightly from their pictures. The images of the products 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 accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Some variations in size, shape, manufacturing tolerance, shading and pattern are inherent in the manufacture processes of some products and therefore the Seller accepts no liability.
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.
Our rights to make changes
We may amend these Terms from time to time.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not materially affect the product.
Significant changes to the products and these Terms – If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Delivery costs. Our delivery charges quoted in your shopping basket are for deliveries to mainland England, Wales and Scotland (excluding the Highlands and UK Islands) only.
When we will provide the products – During the order process, we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
We are not responsible for delays outside our control. We will aim to deliver the goods by the date quoted for, however, 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 you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered – If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will be unable to leave the goods without written instruction by you in a form that can be taken away by the carrier.
Accepting the delivery – Delivered goods will need to be signed for by you to acknowledge that the goods have been delivered to you in good condition. Please check your goods thoroughly before signing for them. Orders signed for or delivered under written instruction are deemed to have been delivered in good condition.
Restricted access – If our driver encounters any restrictions to accessing your property, such as double yellow lines, red lanes, narrow lanes, steep gradients, low bridges or width restricted roads, then there may be an additional delivery charge due. Please contact us to inform us if your property has restricted access or enter full details in the description of your order. We reserve the right to refuse delivery if you have not informed us about any restricted access. Please note: Some larger orders will be delivered to the kerbside only, if you need additional information regarding delivery of your order please contact our sales team.
When you become responsible for the goods – Goods will be your responsibility from the time we deliver the product to the address you gave us or you.
When you own goods – You will own the goods once we have received payment in full.
Damaged goods – We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions unless this is caused by our own negligence.
Failed delivery – If we are unable to deliver your goods to you, then we may charge an additional delivery charge for re-delivery or a charge for any reasonable costs incurred by us in the event of us cancelling this contract. For further information about deliveries, please see our Transport Policy.
What will happen if you do not give the required information to us – We may need certain information from you so that we can supply the products to you, for example, accurate address details, information on access restrictions or if you require mechanical lifting equipment to offload your goods. It is your duty to inform us of such information prior to delivery. 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 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.
Reasons we may suspend the supply of products to you – We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you.
Your rights if we suspend the supply of products – We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and whether you are a consumer or business customer:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back)
If you want to end the contract because of something we have done or have told you we are going to do, see below.
If you are a consumer and have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see below
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- 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;
- there is a risk that the supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
you have a legal right to end the contract because of something we have done wrong.
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 online you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.
How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods, unless:
Your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery.
Your goods are for regular delivery over a set period. In this case, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
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 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. 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.
If there is a problem with the product
How to tell us about problems – If you have any questions or complaints about the product, please contact us on 0116 2436505 or firstname.lastname@example.org.
Complaints – If you have a complaint about our products or our service under this contract please contact us in writing. If you are a consumer and we have not satisfied your complaint within 14 days, you may refer your complaint to the Consumer Ombudsman at https://www.consumer-ombudsman.org/ComplaintLodgement.
Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
These rights 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 goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
Your rights in respect of defective products if you are a business
If you are a business customer we warrant that upon delivery any products which are goods shall:
- conform with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
If you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out below and:
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
We will not be liable for a product’s failure to comply with the warranty if:
- you make any further use of such product after giving a notice
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
Except as provided in this clause, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out above.
These Terms shall apply to any repaired or replacement products supplied by us as part of the above.
Price and payment
Where to find the price for the product – The price of the product (which includes VAT) will be the price indicated on the order pages 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 below for what happens if we discover an error in the price of the product you order.
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.
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.
When you must pay and how you must pay – We accept payment with World Pay, and most credit/debit cards. You must pay for the products before we dispatch them. Where you pay via World Pay we are advised automatically of payment and we can then start processing your order immediately. However if you are paying by bank transfer please note that we are not notified automatically and as a result these payments will be marked as received at the end of the day when paid. Your order will then be processed the following day but please note that this could impact your order specifically where you require next day delivery and therefore we would advise paying a day earlier or via World Pay, debit/credit card.
Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
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.
Other important terms
No third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
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.
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.
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.