2. Basis of Sale
3. Ordering From Our Websites
4. Cancellation Policy – Consumers Only
5. Cancellation Policy – Non-Consumers Only
6. The Goods
9. Title and Risk
10. Price and Payment
12. Product Liability
13. Limitation of Liability
14. Events Outside Our Control
The Safety Letterbox Company Limited (“the Company”).
Our contact details are as follows:
Unit B Milland Industrial Estate,
General E-Mail: [email protected]
Telephone No: 01639 633525
Fax No: 01639 646359
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Account Form: means a form which in our sole opinion has been properly completed and contains sufficient information in order for us to consider allowing you to make payment for the Goods in accordance with clause 10.5.
Bespoke Goods: means any Goods which, in the sole opinion of the Company, have in any way been manufactured and or personalised to your specific requirements (including but by no means limited to specific colours, numbering, lettering etc.).
Force Majeure Event: shall have the meaning given in clause 14.
Goods: the products that we are selling to you as set out in the Order Acknowledgement.
Order: your order for the Goods.
Order Acknowledgement: the confirmation of your order that we shall provide you in the event that we accept your Order. For the avoidance of doubt, such confirmation may, in our absolute discretion, be provided by us verbally or in writing.
Pro-Forma Payment Terms: means an invoice that may be created once Goods are ordered and if created, must be paid prior to us dispatching the Goods.
Provisional Order: means a provisional order made by you and accepted by us as a provisional order which whilst not containing sufficient information regarding the Goods to constitute an Order pursuant to the Terms, does require (in the sole opinion of the Company) work to be undertaken by the Company in readiness for the forthcoming Order.
Pre-Installation Questionnaire: means a questionnaire provided by the Company to you for completion prior to the Quotation being provided.
Quotation: the quote we shall send you prior to your Order.
Terms: the terms and conditions set out in this document.
Websites: means www.safetyletterbox.com; www.postboxsolutions.co.uk; www.letterboxsolutions.co.uk; www.me-fa.co.uk; and all other websites operated by the Company.
Writing: or written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
1.3 Reference to ‘we’ us’ ‘our’ and such like terms will refer to the Company.
2. BASIS OF SALE
2.1 We consider that these Terms, the Order Acknowledgement and the Quotation set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Quotation are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2 All Orders are only accepted and executed on the understanding that you are bound by these Terms unless expressly agreed in writing that this clause shall not apply. For the avoidance of doubt, these Terms shall prevail over any terms issued by you.
2.3 If any of these Terms are inconsistent with any terms of the Order Acknowledgement, the Order Acknowledgement shall prevail.
2.4 Where you are not acting as a consumer, an official purchase order must be provided to us prior to a contract coming into existence between us pursuant to clause 2.5 (and therefore, for the avoidance of doubt, we shall not be required to begin the manufacture of the Goods until receipt of such official purchase order and a contract is in existence pursuant to clause 2.5 below).
2.5 These Terms shall become binding on you when we issue an Order Acknowledgement at which point, subject to these Terms, a contract shall come into existence between us.
2.6 The Quotation is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5 and until such time, no contract shall come into existence between the parties. The Quotation shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an Order number to the Order and inform you of it in the Order Acknowledgement. Please quote the Order number in all subsequent correspondence with us relating to the Order.
2.8 Cancellations of Orders shall be dealt with in accordance with clauses 4 and 5 below.
2.9 We have the right to revise and amend these Terms from time to time to reflect such instances including but not limited to changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that the Quotation is sent to you, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. ORDERING FROM OUR WEBSITES
3.1 You are deemed to place an Order with us on our Websites by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your Order and to correct any errors. We will send you an Order Acknowledgement, detailing the products you have ordered.
3.2 When you receive the Order Acknowledgement the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your Order or you have cancelled your Order in accordance with clause 4 (consumers only).
3.3 We may refuse in our discretion to accept an Order for any reason including but not limited to:
(a) where we cannot obtain authorisation for your payment; or
(b) if there has been a pricing or product description error; or
(c) where goods ordered by you are not available; or
(d) if we do not deliver to your area.
Where we do not accept your Order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your Order. You hereby accept that should it become necessary to re-credit your account, we will not be liable in any way to pay any amount additional to that which was deducted by us from debit or credit card upon receipt of the Order Acknowledgement.
4. CANCELLATION OF CONTRACTS FOR GOODS & RETURS POLICY – FOR CONSUMERS ONLY
4.1 This section applies to private individual consumers only (and not to businesses or other organisations) who order Goods.
4.2 If you wish to cancel your Order:
(a) you can notify us by e-mail to [email protected] or by completing and sending us the Cancellation Form at www.safetyletterbox.com/contact/cancellation-form.php before we have dispatched the Goods to you;
(b) where Goods have already been dispatched to you, you will need to notify us by e-mail to [email protected] or by completing and sending us the Cancellation Form at www.safetyletterbox.com/contact/cancellation-form.php and then returning the Goods to us in accordance with these Terms.
4.3 Subject to these Terms and in particular clause 4.5 below, you can return Goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning the Goods to us shall be borne by you.
4.4 Upon safe receipt of the Goods in perfect condition (the condition of such Goods to be decided in our sole opinion) we will give you a full refund of the amount paid or an exchange credit as required (not including your costs of initial delivery which are non-refundable), less (if for any reason these costs have not been paid by you) the costs of delivery to us. For the avoidance of doubt, you shall be solely responsible for ensuring that the returned Goods are safely received by us in perfect condition (or indeed obtaining applicable insurance which shall indemnify you for any losses suffered should the returned Goods be damaged).
4.5 The rights to return the Goods to us referred to in clause 4.3 will not apply in the event that in our sole opinion the Company considers that:
(a) the Goods have been used in any way; or
(b) the Goods purchased were in any way Bespoke Goods.
4.6 The provisions of this clause do not affect your statutory rights.
5. CANCELLATION POLICY – NON-CONSUMERS
5.1 Many of the Goods are made to order therefore where you are not operating as a consumer, your Order is not covered by the terms set out in clause 4 and the following cancellation charges shall apply to your Order:
(a) 30% of the total value of the Order will be charged for any cancellations notified to us within 2 weeks of the date of the Order;
(b) 50% of the total value of the Order will be charged for any cancellations 2-4 weeks from the date of the Order; and
(c) 100% of the total value of the Order will be charged for any cancellations notified to us 4 weeks or more from the date of the Order.
5.2 Notice of any cancellations must be in writing and sent to the Company (see clause 16 below).
5.3 Notwithstanding the Company’s rights pursuant to clause 5.1, where you have made a Provisional Order with the Company and later, but before an Order has been finalised, decided to cancel such Provisional Order (or indeed you have failed to proceed and make a formal Order), the Company reserves the right in its absolute discretion (and you hereby accept such right) to charge you an administration fee of an amount to be decided by the Company in their absolute discretion to reflect preparation and or manufacturing work undertaken by the Company following your Provisional Order.
6. THE GOODS
6.1 Save for such instances as detailed in paragraph 6.3 below, we shall, at our option and at our absolute discretion, repair or replace the Goods or part of them if:
(a) following notice in writing given by you and received by us within the period of 12 months from the date of delivery of the Goods there occurs any of the events specified in paragraph 6.2(a) below only; or
(b) following notice in writing given by you and received by us within the period of two months from the date of delivery of the Goods there occurs any of the events specified in paragraph 6.2(b) to 6.2(e) below.
(together the “Warranties”).
6.2 The events referred to in clause 6.1 are the following:
(a) the goods are found to be defective solely by reason of faulty design, materials or workmanship after proper use;
(b) the goods are found not to be of merchantable quality, except as regards to defects which are specifically drawn to your attention before the contract was made or, where you have examined the Goods before the contract was made;
(c) where the Goods are sold by description, the Goods are found not to correspond with that description;
(d) where the Goods are sold by sample, the bulk of the Goods are found not to correspond with the sample in quality;
(e) where you have expressly made known to us in writing both the particular purpose for which the Goods are being bought and that you rely on our skill and judgement in that regard, the Goods are found not to be reasonably fit for that purpose.
6.3 You hereby acknowledge and agree that the Warranties shall not apply where the Goods are defective or damaged as a result of:
(a) misuse of the Goods;
(b) failure to carry out or properly carry out regular maintenance including but not limited to such maintenance as detailed in our maintenance schedule found at www.safetyletterbox.com/parcel-boxes/parcel-box-maintenance.php (the “Maintenance Schedule”);
(c) Accidental damage, wilful damage, negligence, collision, fire, theft or vandalism;
(d) any modifications, alterations or tampering of the Goods;
(e) damage or corrosion from the environment such as acid rain, airborne fall out (chemical, bird lime, tree sap etc.), salt, road hazards, hail, wind, storm, lightening, floods or other acts of God;
(f) lack of maintenance or failure to properly maintain (including but not limited to your failure to use proper noncorrosive cleaning products and your failure to adhere to the Maintenance Schedule); and
(g) normal wear and tear or deterioration such as discolouration, fading or deformation.
6.4 Where the Goods are not manufactured by us, you are entitled to the benefit of any warranty given to us in this respect save for where this is expressly prohibited by that warranty.
6.5 The Warranties are in addition to any legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
6.6 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition although you are aware that, unless specifically stated, packing cases and the like are not included in any tender/quotation for the supply of goods and we reserve the right to charge you for all packing cases, pallets and any other packing materials used.
6.7 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
6.8 Our products are carefully inspected and where practical and necessary tested at factory before despatch. Inspection by you or other mutually agreed inspector can be carried out during normal working hours. Seven days’ notice will be required of the date and time for inspection. In the event of the inspector not attending at the date and time given, the inspection will proceed and shall be deemed to have been made in your presence.
6.9 Unless otherwise agreed in writing, any tests required relating to the performance of the equipment specified therein shall be conducted in accordance with the British Standard Specifications.
7.1 We will endeavour to deliver the Goods to you on or around the date stated on the Order Acknowledgement as the ‘Required by’ date.
7.2 Delivery of the Order shall be completed when we deliver the Goods to you.
7.3 We will take reasonable steps to meet the ‘Required by’ date set out on the Order Acknowledgement or as otherwise agreed between us. However dates and periods for delivery are only approximate and are not essential terms and occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Under no circumstances shall you be entitled to recover any losses including but not limited to loss of profits, penalty payments incurred or consequential loss or damage whatsoever arising from or in connection with delay in delivery or non-delivery.
7.4 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
8.1 Unless otherwise agreed (or indeed due to a change in the nature of the delivery required), the price for delivery of the Goods to you shall be the price shown on the Order Acknowledgement for carriage.
8.2 Delivery will be to the address provided by you in the Order unless otherwise agreed in writing prior to despatch of your Goods.
8.3 Where your Order involves delivery outside of the UK we will contact you in advance of delivery to confirm the final delivery location, as our delivery service may terminate at the port of arrival.
8.4 You hereby acknowledge and accept that you will be responsible for unloading, checking and accepting delivery of the Goods and for the safe custody of the Goods and you will be asked to sign for safe receipt.
8.5 Where you have signed for the Goods as being received, it will be implied that you have checked the Goods pursuant to your obligation under clause 8.4 and that the Goods have been received in good condition and undamaged save for such instances where you have specifically signed for the Goods as damaged and have clearly detailed the specific damage sustained to the Goods.
9. TITLE AND RISK
9.1 The Goods will be your responsibility from the time of delivery.
9.2 The Goods will be at our risk or the risk of any courier that we shall select to distribute them until delivery.
9.3 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9.4 For the avoidance of doubt, you shall have no right to transfer the Goods to any third party until title to the Goods has passed to you pursuant to this clause 9.
10. PRICE AND PAYMENT
10.1 The price of the Goods will be as set out in the Quotation (or where the goods are purchased on-line the price shall be as set out on our website at the time of the Order).
10.2 These prices exclude VAT and the amount of VAT will be shown on the Order Acknowledgement. However, if the rate of VAT changes between the Order Acknowledgement and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
10.3 Unless otherwise specified in writing by us, the price shall not include the cost of any taxes or export duties, surcharge or tariffs either existing at the date of the order or thereafter imposed. Such costs shall constitute a separate charge to be paid by you and you hereby indemnify us with regard to any such taxes, import or export duties, surcharge or tariffs to which we may become liable.
10.4 For all new customers who are making their first Order with the Company or indeed any customers for which we reasonably require payment up front (decided upon in our absolute discretion), you shall be required to make full payment to the Company for the Goods ordered prior to us beginning production or dispatching such Goods in accordance with your Order. In such instances, you shall also be bound by any Pro-Forma Payment Terms which shall also apply.
10.5 Save for any such instances in accordance with clause 10.4 and strictly in our absolute discretion and upon our approval of an Account Form, we may agree to invoice you for the Goods on or at any time we have dispatched the Goods for delivery. The invoice will quote the Order Number. You must pay the invoice in cleared monies within 30 calendar days of the date of the invoice.
10.6 For the avoidance of doubt, should we request that you make full payment for the Goods prior to their production and/or dispatch by the Company in accordance with clause 10.4 or 10.5 and such payment in full is not received from you by the Company in cleared funds, you hereby acknowledge and accept that we shall not be liable in any way for failing to provide the Goods in accordance with the Order.
10.7 In the event that you request that the Goods are stored by us beyond the agreed delivery date the cost of such storage will be borne by you and you will be invoiced separately for such storage costs on a monthly basis until you notify us in writing that you are ready to accept delivery. You further hereby accept that in such instance as detailed in this clause 10.7, we shall also be entitled to immediately raise an invoice for the costs of the Goods and your failure to accept delivery shall by no means alter the usual payment terms pursuant to this clause 10.
10.8 If you do not make any payment due to us by the due date for payment (as set out in clause 10.4 or clause 10.5), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank 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 the overdue amount.
10.9 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
11.1 Where you require us to erect the Goods at your site, the price for installation will be set out on the Quotation (or separately agreed between us in writing).
11.2 All prices for installation are given on the understanding that free and suitable access to the site is available and that any building/construction or other work which we have not been contracted to complete will be ready and suitable for use and that our work may proceed without interruption during normal working hours.
11.3 We will also be entitled to free use of such supplies of electricity, water, gas and compressed air as may be available at your site.
11.4 Where we agree to provide all materials, labour, tools and tackle for installation, we will nevertheless be afforded the use of any cranes or lifting tackle which you may have available on site.
11.5 Where the services of a skilled installer(s) is/are necessary for assisting in the installation of the Goods, we do not include the cost of that labour, or for any tools, tackle or other materials or services required for installation, nor is responsibility or liability accepted for use of the same. We will use our reasonable endeavours to ensure that any such labour supplied by us will be reasonably skilled and competent in the work required, but we shall not be liable for any act of negligence or default of any such installer in carrying out that work. You undertake to indemnify us against all claims by third parties to whom we may become liable for loss or damage caused or contributed to by such installer in and about the installation work required.
11.6 Prior to the Company providing the Quotation pursuant to clause 11.1, we shall first require a Pre-Installation Questionnaire to be completed and any such Quotation later provided shall be conditional on the accuracy of the answers provided on the Pre-Installation Questionnaire.
11.7 Should extra cost be incurred in our sole and absolute opinion during installation owing to suspension of work on your instructions; a failure to properly complete and provide accurate answers to the Pre-Installation Questionnaire in accordance with clause 11.6; or lack of instructions, interruption, delays, overtime, unusual working hours or other causes over which we have no reasonable control, you hereby acknowledge and accept that such extra costs involved will be added to the contract price for which you shall be liable to pay.
12. PRODUCT LIABILITY
12.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you have signed for the Goods as damaged on deliver as per clause 8.5.
12.2 If you notify a problem to us under this condition, our only obligation will be, at our discretion:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any Goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the Goods in question in whatever way we choose.
12.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 12.2(c) above.
12.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from us. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
13. LIMITATION OF LIABILITY
13.1 Subject to clause 13.2 and clause 13.3, we shall not be responsible for any losses that you suffer in connection with our failure to comply with these Terms, except for those losses which are a foreseeable consequence of such failure.
13.2 Subject to clause 13.3, we shall not be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses;
(d) damage to or loss of data;
(e) any waste of time; or
(f) theft, fire or vandalism (including but by no means limited to any losses suffered as a result of the theft of mail or any items from any Goods supplied by the Company).
However, subject to clause 13.4, this clause 13.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
13.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations 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 other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13.4 The limit of our liabilities on any grounds whatsoever shall in all cases not exceed the invoice value of the Goods under the Order and we shall in no circumstances be liable for loss of profit or other consequential loss of any kind whatsoever.
13.5 We accept no liability whatsoever in respect of any security issues with the Goods after they have been delivered.
13.6 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us and our offices, directors, employees and agents, harmless from and against all claims, liability damages, losses, costs (including reasonable legal and professional fees) arising out of any breach of the Terms by you, or your use of the Websites, or the use by any other person using your registration details.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) pandemic or epidemic.
14.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to us at Unit B Milland Industrial Estate, Neath, West Glamorgan, United Kingdom, SA11 1NJ or by e-mail to [email protected]fetyletterbox.com. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that, we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
17.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.4 These Terms shall be governed by English and Welsh law and we both agree to the non-exclusive jurisdiction of the English and Welsh courts.