In these Conditions: Consumer means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession; Contract means any contract between you and us for the sale and purchase of Products incorporating these Conditions; Goods means the stairs and/or stair parts you wish to purchase whether Bespoke Goods (Goods made to your Specification) or Standard Goods (all other Goods); Order means the order for Goods placed by you either online, by email, telephone or otherwise; Price means the price of the Goods; Quote means the Goods Quotation Form and/or the Estimate Form we may provide to you; Trader means a person acting for purposes relating to that person’s trade, business, craft or profession; us means Shaw Stairs Limited, a company registered in England and Wales with company number 03765245 and with our main place of business at Units 4 & 5 Apollo Park, Lichfield Road Industrial Estate, Tamworth B79 7TA; Specification means the detailed drawing of the Goods as may be amended by a Variation; Variation means a Works Variation Form issued by us; Working Day means any day other than a Saturday, Sunday or public holiday in England; and you means the buyer indicated on the Quote or otherwise placing an Order.
These Conditions apply both to Consumers and Trader placing Orders for Goods. Please note that different provisions of these Conditions apply depending on whether you are a Consumer or a Trader, and depending on whether you are placing an Order for Bespoke Goods or Standard Goods.
If you place an Order on behalf of a Trader, the individual signing or completing the Order, as the case may be represents and warrants that he/she has the authority to bind the Trader.
We reserve the right to update these Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible in respect of any subsequent Order you may sign or complete. We recommend that you review these Conditions before every purchase of Goods that you make.
If you need to contact us, please do so by email to sales@shawstairs.com or by telephone on 01827 54988.
Ordering Goods
All Standard Goods are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available and we may offer alternative Goods of equal or higher quality and value or if you prefer, we shall promptly refund the Price you have paid for the Goods including all delivery fees paid.
You may purchase Goods from us only if you are at least 18 years old and the delivery address is in the United Kingdom. At our request, you shall provide documentary evidence of your age. Please contact us to discuss deliveries outside of the United Kingdom.
We may not accept your Order if for example (i) we are unable to secure authorisation for your payment; (ii) the Goods you have selected are not available; and/or (iii) there has been pricing or product description error. If we do not accept your Order we will inform you by phone or by e-mail and we shall promptly refund the Price you have paid for the Goods including all delivery fees paid.
Your Order represents an offer to us to purchase Goods. Subject to Condition 2(e) below, the Contract comes into existence when we send you an email to confirm your Order.
If you wish to discuss your Order with us, we can prepare a Quote for you. A Quote is valid for the duration noted on it and for the avoidance of doubt is subject to these Conditions. It is your responsibility to check the Quote carefully and notify us of any changes required. A legally binding Contract shall come into existence when you accept a Quote, and then, for the purposes of these Conditions, the Quote shall be an Order.
Additional Terms for Ordering Bespoke Goods
You cannot place an Order for Bespoke Goods online. If you wish to discuss your requirements for Bespoke Goods, please contact us. We may require you to provide a Specification to us or we may agree to provide you with a Specification. If we agree to provide a Specification, we may need to visit the location where the Bespoke Goods are intended to be installed.
It is your responsibility to check the Quote and Specification carefully and notify us of any changes required. Once you confirm the Specification, you assume all responsibility for the Specification, including that the Specification meets your requirements. You acknowledge that we rely on the Specification in manufacturing the Bespoke Goods.
You understand that the Bespoke Goods are manufactured to order, and accordingly, the Contract may not be cancelled by you. For the avoidance of doubt, this Condition applies both to Consumers and Traders.
Price And Payment
The Prices for Standard Goods are displayed on our website at the time we receive your Order or on your Quote if we prepared a Quote for you. We endeavour to ensure that all Prices are accurate and yet the occasional error may still occur. If we find such an error in the Price of Goods you have ordered, we will inform you and give you the option of reconfirming your Order at the correct Price or cancelling it. If you choose to cancel and you have already paid for the Goods, we shall promptly refund the Price you have paid for the Goods including all delivery fees paid. If you do not respond to us with [5 Working Days] we will cancel your Order, notify you accordingly and again we shall promptly refund the Price you have paid for the Goods including all delivery fees paid.
The Prices visible on our website are exclusive of VAT. As soon as Goods are added to the online shopping cart, the Price will include VAT. We charge separately for delivery and delivery fees are displayed during the checkout process or set out in your Quote. Unless otherwise agreed, payment for Standard Goods are due on receipt of the Order or acceptance of the Quote.
The Price for Bespoke Goods are either (i) as indicated on the Quote; or (ii) on an invoice depending on how we receive your Order. The Price for Bespoke Goods may be amended by a Variation. Payment is due within 30 days of an invoice and the Price is payable immediately in full before we begin to manufacture Bespoke Goods unless we agree otherwise.
Payment can be made by PayPal, Visa, Mastercard, Visa Electron Debit Cards and other major debit cards through the SAGEPAY merchant system for Standard Goods ordered online. For all other Orders, we also accept cash or cheque or direct bank transfer.
Delivery of Goods
We shall send you an e-mail which will include our scheduled delivery date of your Goods.
Delivery shall be made by our nominated carrier to the UK address that you stipulate in your order.
Delivery of Goods to a third party nominated by you is deemed to be delivery to you.
You shall take delivery of the Goods and delivery shall be effective when the Goods are unloaded at the delivery address. It is your responsibility for ensuring that the delivery address is suitable to unload the Goods.
We will use all reasonable endeavours to deliver the Goods on the delivery date notified to you, but subject to Condition 5(f) if we are unable to do so we shall call or email you to arrange an alternative delivery date.
If we or our nominated carrier cannot deliver the Goods as a result of your act or omission, we will contact you to arrange alternative delivery arrangements but can make no guarantee that this call will be made to you. Our nominated carrier will also make a second attempt to deliver your Goods but if this delivery attempt cannot be made due to your act or omission. We reserve the right to make a further charge for delivery in the event of a third or subsequent delivery of the Goods.
Our failure to deliver shall not entitle a Trader to treat the Contract as repudiated. A Consumer may cancel the Contract if we do not deliver the Goods within 10 Working Days of the original scheduled delivery date in accordance with Condition 5(a) except where the failure to deliver is as a result of the Trader’s act or omission.
We may deliver Goods by instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
We shall have no additional liability to you, including for wasted expenditure, for any failure to deliver Goods or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident and/or transport issues and/or non-availability of stocks or materials.
Defective Goods
If you receive Goods and the packaging is damaged you must sign the delivery note as ‘damaged’.
If on inspection any of the Goods is damaged, missing or for Bespoke Goods, does not comply with the Specification, please notify us by email marking your email “DAMAGED” or call us. Traders must notify us within 2 Working Days of receipt otherwise a Trader shall be deemed to have accepted the Goods. If you are a Consumer, you should notify us within 30 days of receipt, provided that this provision shall not affect your statutory rights.
If we receive a notification from you under Condition 6(b), we may ask you to send photographs of the Goods, or allow us the opportunity to inspect or collect the Goods. If the Goods are damaged or otherwise do not comply with these Conditions, we shall either promptly refund the Price you have paid for the Goods including all delivery fees paid or replace the Goods within a reasonable time, free of charge. Such refund or replacement shall be our sole liability in relation to such Goods.
If you are a Consumer, for further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. If you have any complaint or wish to raise a dispute please contact us by email sales@shawstairs.com
Description of the Goods
If you are a Consumer, we warrant that the Goods shall be of satisfactory quality and fit for purpose and shall be manufactured in accordance with the Specification.
You understand that many of our Goods are manufactured from natural materials and you agree to allow for a reasonable variation between the finish, grain and appearance of the Goods on our website and other marketing materials, and the Goods delivered to you. There may also be a slight variation for Standard Goods in the sizes on our website and the actual size given to you.
Our Goods are suitable for both domestic use and business use. If you are planning to use our Goods for business use please make sure that you are covered by the appropriate insurance.
If we believe that your Order or other instructions will result in Goods being supplied which breach building regulations, we may notify you by phone or by e-mail, provided that we accept no obligation to do so, and shall have no liability to you if we fail to do so or if any information we provide to you relating to building regulations is inaccurate or incomplete.
IP Rights
You acknowledge that all copyright, design rights, trade marks, trade names and any other intellectual property rights of a similar nature in the Specifications prepared by us and in the Goods belong to us. You shall not, and shall not assist or enable a third party to, copy the Specification or produce any products to the Specifications.
If you have provided any Specifications, you warrant that our use of the Specifications to manufacture Bespoke Goods will not cause us to infringe any copyright, design rights, trade marks, trade names and any other intellectual property rights of a similar nature.
Cancellation of an Order by us
We reserve the right to cancel the Contract between us if (i) we have insufficient stock of the Standard Goods you have ordered or insufficient materials to manufacture Bespoke Goods; (ii) we do not deliver Goods to your delivery address and if you are a Trader, you do not agree to collect them; (iii) we cannot obtain authorisation for your payment; (iv) we cannot verify that you are aged 18 or over; and/or (v) one or more of the Goods you ordered was listed at an incorrect Price.
If we do cancel your Contract we will notify you by e-mail and we shall promptly refund the Price you have paid for the Goods including all delivery fees paid. We will not be obliged to offer any additional compensation for disappointment suffered.
Cancellation of an Order by you
If you are a Consumer and you have ordered Standard Goods, you may cancel your Contract with us by contacting us within 14 days from the date you receive the Goods, clearly stating the following: your name, geographical address, your phone number, email address and full details of the Order you wish to cancel.
If you do cancel your Contract, you must take reasonable care of the Standard Goods whilst they are in your possession, including by storing them in accordance with our instructions. You must return the Standard Goods to us within 14 days of the notice to cancel, at your own cost and risk. We strongly recommend that you send the Standard Goods back to us via a courier or recorded post service if appropriate and obtain a certificate of posting. We will not refund you if we do not receive the returned Standard Goods. Please also make sure you package the Standard Goods appropriately to avoid damage.
We will refund any sums paid for the Standard Goods returned and, if you return the whole (not part) of the Order, we will refund the delivery costs you paid up to the price of standard delivery. We will refund you using the same means of payment that you used to purchase the Standard Goods.
If you do not return all of the Standard Goods that you have cancelled in accordance with our request, or you do not pay the costs of returning them to us, or the Standard Goods are damaged during the course of returning the Standard Goods, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Standard Goods or to reflect the loss or damage to the Standard Goods.
The provisions of this Condition 10 do not affect your consumer statutory rights. If the Goods we deliver are not what you ordered or are damaged or defective, please see Condition 6.
A Trader has no right to cancel a Contract without our prior consent. If we do agree to a cancellation, you shall return the Goods to us within such timescale as we require and the Goods must be returned in the condition in which they were delivered with all packaging material, brochures and instruction material provided with the Goods. We may also charge a handing fee in respect of any returned Goods.
Additional Terms for Traders
These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Goods. All other terms and conditions, express or implied, are excluded to the extent permitted by law. None of our representatives are entitled to amend these Conditions except in writing signed by a director. All samples, descriptive matter and advertising issued by us and any descriptions or illustrations provided to you are given for the sole purpose of giving an approximate idea of the Goods described in them.
We will be under no liability or further obligation in relation to damaged or missing Goods if (i) you fail to provide notice as set out under Condition 6(b); (ii) you make any further use of the Goods following notice to us for example, you continue to offer the Goods for sale or install the Goods; and/or (iii) the damage arises from your acts or omissions following delivery or collection.
Notwithstanding delivery or collection of the Goods, ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due in respect of the Goods. Until ownership of the Goods has passed to you, you shall (i) store the Goods in accordance with our instructions and separately from all other goods and in such a way that they remain readily identifiable as our property; (ii) not use or install the Goods; (iii) not charge the Goods in any way or grant of give any interest to any third party in the Goods; and (iv) maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction.
Until you have paid for the Goods in full, you grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored (i) in order to inspect them, and, (ii) if you take steps to enter into liquidation or administration, or if we reasonably believe you are likely to do so, to recover the Goods.
If at any time you fail to pay an instalment of the Fee by the due date, we reserve the right to (i) claim costs and interests on any outstanding amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; (ii) terminate the Contract.
You shall be responsible for all storage costs, additional delivery costs and other costs incurred by us as a result of failure to take delivery of the Goods in accordance with Condition 5(f).
You may, with our agreement, collect the Goods from our warehouse. You shall do so from our warehouse on the date agreed and during our normal business hours. Delivery shall be effective when the Goods are made available to you. You must ensure adequate vehicle, manpower and strapping and other relevant resources are present properly, safely and securely to effect collection of the Goods. If you do not collect the Goods on the agreed collection date, you shall be responsible for all storage costs, and other costs incurred by us a result of your failure to collect the Goods.
You acknowledge and agree that the nature of some of our Goods means that injury to person and damage to property is a risk whether the Goods are collected or delivered. If Goods are collected, we have no responsibility to assist you with loading the Goods onto your designated vehicle; and you shall be liable for all damage to our property as a result of your collection of the Goods.
To the extent permitted by law, we will not be liable to you for any loss of profit, loss of business, loss of goodwill, reputation or wasted expenditure, or for any indirect or consequential loss, damage or expenses howsoever arising out of the Goods whether or not advised of the possibility of the same.
Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the Price paid for the Goods that are the subject of the claim.
Nothing in these Terms & Conditions is intended to limit our liability for fraud, death or personal injury or other loss that may not be excluded or limited by English law.
General
You may not assign, sub-license or otherwise transfer any of your rights under these Conditions.
If any provision of these Conditions is found by a court of competent jurisdiction to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and shall continue to have full force and effect.
Only the parties to a Contract may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
These Conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of England.
You shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to you by us.
We reserve the right to review these Conditions at any time. For this reason, you realise the importance of printing a copy of these Conditions at the time of your Order.
Returns: In respect to standard goods that the buyer has left over in respect to the volume of their original order, the buyer must return the goods to the company in their original packaging within 28 days and in a condition suitable for resale, these goods are subject to a restocking charge of 15%. Please see our Delivery & Returns policy for more information.
Shaw Stairs Will Be Closed From The 21st December 2024 & Will Re-Open On The 6th January 2025 - Any Orders Placed Between These Dates Will Be Processed On The 6th January 2025 Dismiss
