Website Terms & Conditions

Rawfolds Way,

Spen Valley Industrial Park,

Bradford Road,

Cleckheaton,

West Yorkshire

BD19 5LJ

England

 

VAT number 150407447

This page sets out the terms and conditions that may apply to your use of the Website and any purchases you make via the Website. It consists of:

• Website Terms and Conditions of Use ("Website Ts&Cs") - these terms govern your access and use of the Website;
• Sale Ts&Cs ("Sale Ts&Cs") - these apply to all purchases made via the Website, except to the extent that they are varied or disapplied by the Additional Sale Ts&Cs; and

 

WEBSITE TERMS AND CONDITIONS OF USE ("WEBSITE TS&CS")

• 1) Acceptance of Terms

Your access to and use of the Website is subject to these Website Ts&Cs. Please read these Website Ts&Cs carefully. By using this Website you are confirming that you have read, understood and accepted to be bound by these Website Ts&Cs and our Privacy and Data Protection Policy.

Custom Fittings Ltd reserves the right to update or modify these Website Ts&Cs at any time without prior notice by posting updated Website Ts&Cs on the Website. Please ensure that you review the current Website Ts&Cs each time you use our Website. Your continued use of the Website constitutes your acceptance of the practices described in the revised Website Ts&Cs.

• 2) Provision of the Website
  • 2.1) We agree to provide the Website using reasonable skill and care, but do not warrant that it or any of its functionality will be continuously available and shall not be liable in any way for any losses, costs, expenses, damages or liabilities arising as a result of its being unavailable.
  • 2.2) We reserve the right to:
    • 2.2.1) modify or withdraw the Website (temporarily or permanently) without prior notice;
    • 2.2.2) modify these Website Ts&Cs, the Privacy and Data Protection Policy, the Sales Ts&Cs and/or the Additional Sales Ts&Cs without prior notice; and
    • 2.2.3) withdraw your access to this Website for any reason without prior notice.
    • 2.3) The content on this Website is directed solely at users using the Website from within the UK and who intend to use any products purchased via the Website in the UK. We make no representation as to the suitability of any product described on this Website for use in locations outside of the UK.
    • 2.4) We take all reasonable care to ensure that all Product descriptions and prices that are featured on this Website are correct and up to date as possible, but disclaim all warranties as to the Website's accuracy, either expressed or implied. We reserve the right to make changes to our Website and to update Product information at any time without prior notice and without any liability.
    • 2.5) We cannot be held responsible for inaccuracies in the display of information on the Website which arise as a result of limitations of the technology you use to view it.
• 3) Your Use of Our Website
  • 3.1) Access
    • 3.1.1) You are permitted to access this Website in accordance with these Website T's & C's and our Privacy and Data Protection Policy.
    • 3.1.2) Any orders placed by you via this Website shall in addition be governed by our Sales T's & C's
    • 3.2) Registration
      • 3.2.1) You warrant and undertake:
        • 3.2.1.1) that all the personal information that You provide to us when you register as a customer with us shall at all times be true and accurate;
        • 3.2.1.2) that you will notify us immediately of any changes to your personal information by updating Your records in your "My Account" page or by contact our customer support team by calling 0800 404 9780 or sending us an email customerservice@westelm.co.uk; and
        • 3.2.1.3) that You will keep any registration and account details secure and confidential.
      • 3.3) User Conduct
        • 3.3.1) You shall not use this Website in any unlawful manner, or any manner which may otherwise cause damage or distress to this Website, Custom Fittings Ltd or any other party.
        • 3.3.2) You shall use this Website only in accordance with all applicable laws and regulations, these Website Ts&Cs and (where applicable) the terms of our Sale Ts&Cs and any applicable Additional Sale Ts&Cs.
      • 3.4) Indemnity
        • 3.4.1) You indemnify us and keep us indemnified in full against all liability, costs, claims, damages and expenses incurred by or awarded against us that arise directly or indirectly as a result of your failure to comply with these Website Ts&Cs.
• 4) Online Sales and Orders
  • 4.1) Our Website is intended for use by customers who are over the age of 16.
  • 4.2) All purchases made via the Website are subject to our Sale Ts&Cs.
  • 4.4) We take all reasonable care to ensure that all product descriptions and prices that are featured on this Website are correct and up to date as possible, but do not guarantee the accuracy of such information or the availability of products. Please see our Sale Ts&Cs for further information.
  • 4.5) We do not guarantee that any product advertised on our Website will be available from stock.
• 5) Hyperlinks to other Websites
  • 5.1) Any links on our Website to websites, "apps" and social media (including Facebook and Twitter) operated and maintained by third parties are provided for convenience only. Such websites are not endorsed or recommended by us and are used at your own risk. We shall not be held liable to you or any third party for any loss, costs, expense, damage or liability of any kind which may arise from your use of such third party websites, "apps" or social media.
• 6) Disclaimers
  • 6.1) This Website and all content available on this Website are provided on an “as is” basis without any warranty or guarantee, whether express or implied, except as required by law. Except as set out expressly in these Website Ts&Cs, the Sale Ts&Cs, or the Privacy and Data Protection Policy, all warranties, representations, conditions, guarantees and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded. This does not affect your statutory rights as a consumer, nor your cancellation rights set out in the Sale Ts&Cs.
  • 6.2) Custom Fittings Ltd gives no warranty that the function of this Website will be uninterrupted or error-free, or that the Website or the servers used to provide or access it will be free of viruses, Trojan horses, worms, software bombs or similar harmful items. Your use of this Website is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website. Custom Fittings Ltd shall not be liable to you or any other party for any losses, costs, expenses, damages, claims or proceedings of any kind related to your use of this Website.
  • 6.3) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • 6.3.1) use of, or inability to use, our Website; or
    • 6.3.2) use of or reliance on any content displayed on our Website.
    • 6.4) Limitations and exclusions of liability that are different to those described above will apply to liability arising as a result of the supply of any products by us to you. These are set out in the Sale Ts&Cs.
• 7) Data and Intellectual Property
  • 7.1) All of the content on this Website (including, without limitation, Website design, graphics, text, software and source code) is owned by Custom Fittings Ltd or third parties, and is protected by UK and international copyright, trade mark and other intellectual property rights or licenses held by Custom Fittings Ltd or those third parties.
  • 7.2) Your use of the trademarks and copyrighted material displayed on this Website is strictly prohibited, save that you may download, print and store selected portions of the content, provided that you:
    • 7.2.1) only use these copies of the content for your own personal, non-commercial use;
    • 7.2.2) do not copy or post the content on any network computer or communicate the content in any media, and
    • 7.2.3) do not modify or alter the content in any way.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Custom Fittings Ltd reserves complete title and full intellectual property rights in any content you download from this Website.

• Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, commercially exploit or create derivative works from the content.
• 8) General
  • 8.1) Governing Law
    • 8.1.1) These Website Ts&Cs shall be governed and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Website Ts&Cs.
    • 8.2) Severability
      • 8.2.1) Each provision of these Website Ts&Cs is severable if any part of them shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Website Ts&Cs and shall not affect the validity and enforceability of any of the remaining provisions of them.
      • 8.3) Third party rights
        • 8.3.1) No person who is not a party to any contract between You and us shall be allowed to rely on or enforce any term of any such contract. The Contracts (Rights Of Third Parties) Act 1999 is expressly excluded.
      • 8.4) Waiver
        • 8.4.1) No waiver by us of any breach of these Website Ts&Cs shall be construed as a waiver of any earlier or later breach of these Website Ts&Cs.
      • 8.5) Force Majeure
        • 8.5.1) We shall not be under any liability to you in the event of our failure, delay or default in carrying out all or any of our obligations under these Website Ts&Cs due in whole or in part to any Act of God, war, riot, civil disturbance, labour disturbance, terrorism, fire, storm or flood; legislation, restriction, regulation, bye-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; import or export regulation or embargo; strike, industrial dispute, or lockout; explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery; or; any other cause beyond our reasonable control.
      • 8.6) Entire agreement
        • 8.6.1) These Website Ts&Cs, the Privacy and Data Protection Policy and (where applicable) the Sale Ts&Cs and any applicable Additional Sale Ts&Cs constitute the entire agreement between you and us in respect of your use of the Website and you warrant that you have not relied on any statement, representation, assurance, promise or warranty of any person save as provided in these Website Ts&Cs.
        • 8.6.2) Your statutory rights are not affected by these Website Ts&Cs.

 

Contact us

If you have any queries in respect of these Website Ts&Cs or our Website, please contact our customer support team by calling 00441274 852066 or sending us an email to info@customfittings.com.

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TERMS AND CONDITIONS OF SALE ("SALE TS&CS")

These Sale Ts&Cs apply when you purchase any products from us via this Website. Depending on the product(s) ordered. Please read these Sale Ts&Cs carefully before ordering any products via our Website - by placing an order you are confirming that you have read, understood and agree to be bound by them ("Contract"). When you place an order you should print a copy of these Sale Ts&Cs for future reference.

Custom Fittings Ltd reserves the right to update or modify these Sale Ts&Cs at any time without prior notice by posting updated versions on the Website. Every time you wish to order products via this Website, please check them to ensure you understand the terms which will apply at that time.

The Sale Ts&Cs and any Contract that is between us, are only in the English language.

• 1) Our Products
  • 1.1) We take all reasonable care to ensure that all Product descriptions and prices that are featured on this Website are correct and up to date as possible, but do not guarantee the accuracy of such information until your order is accepted in accordance with these Sale Ts&Cs.
  • 1.2) 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 your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
  • 1.3) The packaging of the Products may vary from that shown on images on our Website.
  • 1.4) All Products shown on our Website are subject to availability.
• 2) If you are a consumer

This clause 2 only applies if you are a consumer.

• 2.1) If you are a consumer, you may only purchase products from our Website if you are at least 16 years old.
• 2.2) As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Sale Ts&Cs will affect these legal rights.
• 3) If you are a business customer

This clause 3 only applies if you are a business.

• 3.1) If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase products.
• 3.2) These Sale Ts&Cs our Website Ts&Cs and our Privacy and Data Protection Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in one of these documents.
• 5) Our right to vary these Sale Ts&Cs and the Additional Sale Ts&Cs
  • 5.1) We may revise these Sale Ts&Cs from time to time.
  • 5.2) Every time you order Products from us, the Sale Ts&Cs in force at that time will apply to the Contract between you and us.
  • 5.3) We will inform you when we revise these Sale Ts&Cs by posting the revised versions on the Website.
• 6) How the contract is formed between you and us
  • 6.1) When you place an order you will be asked to confirm (by ticking a box) that you have read understood and agree to be bound by our Sales Ts&Cs and any applicable Additional Sale Ts&Cs. Please read these carefully before ticking the box.
  • 6.2) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted or that a Contract exists between us. Our acceptance of your order will take place as described in clause 6.3 below.
  • 6.3) We will confirm our acceptance of your order by sending you an e-mail that confirms that the product(s) you have ordered have been shipped ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
  • 6.4) If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our Website as referred to in clause 11, we will inform you of this by e-mail and we will not process your order.
• 7) Delivery
  • 7.1) Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in clause 17 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
  • 7.2) Delivery will be completed when we deliver the products to the address you gave us.
  • 7.3) If no one is available at your address to take delivery for your parcel item(s), we will leave you a note that provides an estimated re-delivery date and time and a number to call if you would instead like to pick your item(s) up at the nearest UPS pickup location. We will reattempt delivery up to 3 times. If unsuccessful, we will return the item(s) to our facility, in which case, please contact us by calling our Customer Services telephone line on 0800 404 9780 to rearrange delivery. Please note that if following our initial 3 delivery attempts we need to return your item(s) to our facility and/or re-deliver them to you.
  • 7.4) If the item(s) you purchase have the symbol , this means that they will be shipped to you via our Home Delivery & Assembly service (further information about which can be found in our Shipping Information ) instead of our usual delivery service described at clause 7.3 above. We will call you to schedule an appointment for your Home Delivery & Assembly delivery. We will confirm delivery the day of the scheduled appointment and provide a two-hour time window for arrival. If no one is available at your address to take the delivery upon arrival, we will attempt to call you to inform you of our arrival and to ask you to attend to take delivery of the item(s). If we are unable to contact you, or you are unable to attend to take delivery within [an hour] of our call we return the item(s) to our facility, in which case please contact us by calling our Customer Services telephone line on 004412740869382 to rearrange delivery. Please note that if we need to return your item(s) to our facility and re-deliver them to you, you will incur further delivery charges. To check relevant delivery charges, please refer to our Shipping Information.
  • 7.5) The products will be your responsibility from the completion of delivery.
  • 7.6) You own the products once we have received payment in full, including all applicable delivery charges.
• 11) Price of products and delivery charges
  • 11.1) The prices of the products will be as quoted on our Website. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of product(s) you ordered, please see clause 11.5 for what happens in this event.
  • 11.2) Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
  • 11.3) The price of a products quoted excludes VAT. The VAT is added at checkout at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
  • 11.4) The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website. To check relevant delivery charges, please refer to our Shipping Information.
  • 11.5) Our site contains a large number of products. It is always possible that, despite our best efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you via email.
• 12) How to pay
  • 12.1) You can only pay for products using a debit card, credit card or gift card. We accept the following cards: Visa, Mastercard and American Express.
  • 12.2) Payment for the products and all applicable delivery charges is taken in advance. We will not charge your debit card or credit card until we dispatch your order.
• 13) Returns and refunds
  • 13.1) Please see our Return & Refund Policy for further information about returns and refunds.
• 15) Our liability if you are a business

This clause 15 only applies if you are a business customer.

• 15.1) Nothing in these Sale Ts&Cs limit or exclude our liability for:
  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation;
  • (c) breach of the Sale Ts&Cs implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • (d) defective products under the Consumer Protection Act 1987.
  • 15.2) Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    • (a) any loss of profits, sales, business, or revenue;
    • (b) loss or corruption of data, information or software;
    • (c) loss of business opportunity;
    • (d) loss of anticipated savings;
    • (e) loss of goodwill; or
    • (f) any indirect or consequential loss.
    • 15.3) Subject to clause 15.1 and clause 15.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the product(s) in respect of which that liability arises.
    • 15.4) Except as expressly stated in these Sale Ts&Cs, we do not give any representation, warranties or undertakings in relation to the products that are available for purchase on our Website. Any representation, condition or warranty which might be implied or incorporated into these Sale Ts&Cs by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any products that you purchase are suitable for your purposes.
• 16) Our liability if you are a consumer

This clause 16 only applies if you are a consumer.

• 16.1) If we fail to comply with these Sale Ts&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Sale Ts&Cs or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
• 16.2) We do not in any way exclude or limit our liability for:
  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation;
  • (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  • (e) defective products under the Consumer Protection Act 1987.

 17) Events outside our control

• • 17.1) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
  • 17.2) "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of any means of public or private transport.
  • 17.3) If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
    • (a) we will contact you as soon as reasonably possible to notify you; and
    • (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
• 18) Communications between us
  • 18.1) When we refer, in these Sale Ts&Cs, to "in writing", this will include e-mail.
  • 18.2) If you are a consumer:
    • (a) For information about how to return and claim a refund for a product, please see our Return Policy.
    • (b) If you wish to contact us in writing for any other reason, you can send this to us by email to info@customfittings.com or by calling our Customer Services telephone line on 00441274 852066.
    • 18.3) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
    • 18.4) If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.