Terms and Conditions
These are the terms and conditions which apply to all distance purchases from Robert S Maynard Ltd through this or any of our associated websites.
1.0. The term “you” refers to the Buyer. The term “us” or “we” or “our” refers to Robert S Maynard Ltd
1.1. It is your responsibility to read the legal terms on our Website carefully and to raise any problems with us before you place your order. Please check variable information such as prices.
Note that this variable information is known as an “invitation to treat” and not a contractual offer from us, which you may accept. This means we reserve the right to correct any errors in that information without any liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products based on any incorrect information, even if that information is repeated in your offer to us (“Order”).
1.2. Robert S Maynard Ltd’s products are not intended for individuals under 18 years of age. Your use of our Website to buy products and services (“Products”) from us is governed by these Conditions. You should inspect and agree to before placing an order.
These are the steps you need to take to conclude a contract with us.
1.3. Before Ordering Please ensure that you read and are satisfied with all of our terms and conditions before placing your order.
We recommend all customers order a sample piece of insulation material before placing an order to be satisfied that the product make-up and thickness meet their order requirements.
1.4. A listing on this or any of our associated websites does not guarantee that the product is in stock for immediate dispatch. The customer may on occasion be asked to wait a reasonable time (up to 4 -6 weeks) until restocking occurs. We will use all reasonable Endeavours to keep our customers informed. A customer will still have the right to cancel should they be unhappy about a long wait, in which case our standard terms and conditions will apply, but no retention of restocking fees will apply. We advise that all customers are free to contact us by phone or e-mail to determine when their selected product is likely to be dispatched.
1.5. Please note that our Website is intended for commercial and domestic use only within the territory (“Territory”) of England, Scotland and Wales but EXCLUDING Eire, Northern Ireland, the Isle of Man, the Channel Islands and the Scilly Isles unless with prior communication as the cost of delivery will need to be confirmed before any order being accepted. You may not use our Website to place Orders if you are under 18 years of age. If you accept the legal terms referred to in Condition 1.3 on behalf of a corporate buyer, you represent that you are authorised to do so. If you are not so authorised, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out in those legal terms.
Complete your Order
1.6. You will be responsible for selecting the Products you wish to buy, for supplying your delivery address, for telling us how you wish to pay and for giving us any other information we request to enable us to fulfil your order and comply with the Contract. All information you submit to us must be adequate, relevant, accurate and up to date.
1.7. You may pay online by credit or debit card (if this payment method is available on our Website) or by any other means as shown on our Website.
1.8. When you have completed your order, you will be shown a copy on the screen. It is your responsibility to check your Order carefully to identify any errors and to correct them before placing your order. The Website allows you to cancel your draft Order, and to edit any details and once you have finished checking and correcting your Order, please print out a copy before placing it.
Place your Order
1.9. You may place your order by clicking on the “Buy now” button.
1.10. Pay Pal or Google Checkout will acknowledge receipt of your Order on the Website and by e-mail promptly. This is not our acceptance of your order, but a confirmation of its receipt.
Wait for our Acceptance of your Order
1.11. You may not assume we have accepted your Order until we send you an acceptance in electronic form (“Acceptance”). Only if and when you receive our acceptance will we have made a binding legal contract with you.
1.12. If you pay by credit or debit card you may receive an acknowledgement from our payment processor, advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our Acceptance of your Order.
1.13. We will be entitled to refuse to accept your Order if at our sole discretion we consider it necessary.
Other information about the Contract
2.0. We can only conclude the Contract with you in English, and not in any other language.
2.1. The Contract between us will consist of (1) these Conditions, (2) your Order and (3) our Acceptance. There can only be a Contract between us if all these elements are present.
2.2. Subject to the elements described in Clause 2.2. being present, the Contract will come into effect on the date of our Acceptance.
2.3. The Products we supply to you shall be subject to any restrictions set out on our Website or in the Contract.
2.4. We will not file the concluded Contract between us online and you should therefore print out and retain copies of each element of the Contract.
2.5. You may not cancel an Order that we have accepted or cancel the Contract, save as provided in clause 6 of these Conditions.
2.6. These Conditions shall take precedence over and exclude any other terms and conditions you seek to impose.
2.7. You may not vary these Conditions unless an authorised representative of ours agrees in writing.
2.8. We may update or change these Conditions from time to time without notice and the date of the most current version is that set out at the top of these Conditions. You must read them each time you place an order with us through our Website.
2.9. We also reserve the right to make any changes without notice to our Conditions, our Terms & Conditions regulating the use of our Website, Privacy Policy other information on our Website and the specification of the Website to comply with any applicable legal or regulatory requirements, in the interests of good business practice, or to improve the design or functionality.
Description of the Products, Prices and Payment
3.0. The description and price of the Products you order will be as shown on our Website at the time you place the Order.
3.1. Every effort is made to ensure that the prices shown on our Website are accurate at the time you place the Order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling the Order. If you cancel, we will refund or recredit you for any sum that has been paid by you or debited from your credit card for the Products.
3.2. We will send you an invoice by e-mail in respect of the price for the Products ordered. If payment is not made immediately by credit or debit card, Pay Pal of Google Checkout any invoiced amount will become due and payable immediately upon receipt of our invoice.
3.3. The Products are subject to availability. If on receipt of your order the Products you have ordered are not available in stock, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the Products.
3.4. Subject to our obligation to supply the Products at the price stated in a Contract we reserve the right at any time to increase the list prices of the Products and to change the range of Products available. We will endeavour to give you as much notice as we can of changes to the range and any increase in prices.
3.5. If you request any alterations to the Order after it has been accepted, we reserve our right to either reject such alterations or if acceptable to us, to charge you at our standard product prices and rates from time to time as shown on our Website for any additional Products or any costs and expenses incurred by us as a result of the alteration to the Order.
Delivery
4.0. The Products you order will be delivered to the address you give when you place your order. Deliveries will only be made to locations within the territory (“Territory”) as defined in Clause 1.4. We will not deliver to any location outside the Territory unless expressly agreed by Us in writing.
4.1. If delivery cannot be made to your address, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery.
4.2. We will use reasonable endeavours to arrange delivery, but if we need to store or arrange for storage of the Goods until actual delivery we retain the right to charge the buyer for all related costs and expenses including but without limitation, storage and insurance.
4.3. If there is no one at the address given who is competent to accept delivery of the Products (all Products must be signed for on delivery by an adult aged 18 years or over), you will be notified of alternative delivery date or a place to collect the
Products
4.4. Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event within 30 days of your order. However, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible. You will be contacted by us within 3 working days after your order has been accepted to arrange a date for delivery of the Products ordered by you.
4.5. We will deliver the Products ordered by you to the address you have provided. If you or a person over the age of 18 years is not available to sign you may be required to collect from the carrier local to you.
Risk and Ownership of Products
5.0. You will become responsible for the risk of loss or damage to the Products ordered once they have been delivered to you.
5.1. You will become the owner of the Products once we have received your payment of the price for the Products in full.
5.2. Until such time the property in the Products passes to you, we may at any time require you to deliver up the Products and if you fail to do so forthwith, enter your premises to repossess the Products.
5.3. If the Products are sold by you before they have been paid in full, you shall hold the proceeds of the sale on trust for us in a separate account until any sum owed to us has been received by us in full.
Warranty and Liability
6.0. Robert S Maynard Ltd will not accept any liability from any other costs arising from a faulty product being fitted, not exclusive to but including uplift or fitting costs, cost of other materials, any damage arising from uplift or inspection, loss of earnings, or inconvenience or consequential losses.
6.1. All Products supplied by us are warranted free from defects for 1 month from the date of supply. This warranty does not affect your statutory rights as a consumer.
6.2. This warranty does not apply to any defect in the Products arising from fair wear and tear wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.
6.3. If the Products supplied to you develop a defect while under warranty, or you have any other complaint about the Products, you should notify us immediately us sales@robertsmaynard.com
6.4. Where under the warranty a valid claim in respect of any of the Products which is based on a defect or condition of the Products or their failure to meet specification is notified to us per these Conditions, we replace the Products (or the part in question) free of charge or, at our sole discretions, refund to you the price of the Products (or a proportionate part of the price), in which case we shall have no further liability to you.
6.5. Except in respect of death or personal injury caused by our negligence, or liability for defective Products under the Consumer Protection Act 1987, we shall not be liable under or in relation to this Contract or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation) for any technical, factual, textual or other typographical inaccuracies, errors or omissions in information on the Website, for any loss or damage arising from the use of your credit or debit card on the Website, for the unavailability of the Website (or any part of it), for any delay in providing or failing to supply the Products, or for any loss of profits, loss of business, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, loss of use of any software or data, or computer or other equipment or plant or any other losses or liabilities under or in relation to any other contract or any indirect, consequential loss or damage (including loss or damage suffered by you as a result of an action brought by a third party).
6.6. Our liability under or in connection with any Contract shall not exceed the price for the Products, except as expressly provided in these Conditions.
Confidential information
7.0. You should be aware that except for credit or debit card numbers and the information we specifically request of you to enable us to enter into a contract with you, we do not wish to receive any information of a confidential or proprietary nature from you through this Website and any such information you send to us will be deemed by us not to be confidential.
Data Protection
8.0. We will take reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
8.1. We will use the information you provide about yourself to fulfil your Order and always per the terms of our privacy policy. We would like to notify you of our products and offers that may be of interest to you from time to time and our Website provides an option for you to request such information from us. If you would like to stop us from sending such information to you, please notify us by sending an e-mail to sales@robertsmaynard.com .
Termination of Contract
9.0. We may terminate any Contract forthwith on giving notice to you by e-mail if you fail to comply with any term or condition of any Contract.
General
10.0. Any notice which is given under these Conditions shall be either by electronic communication or if by you, by pre-paid recorded delivery, addressed to us at the address in these Conditions and if by us by first class post addressed to you at the delivery address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only.
10.1. Any electronic communication, including your Order, our acknowledgement of receipt of your Order and our Acceptance shall be deemed to be received when the party to whom the electronic communication is addressed can access it.
10.2. If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you breach of the same or any other Condition after that.
10.3. If a court decides that any of these Conditions is legally unacceptable or ineffective in whole or in part, that shall not affect the other Conditions or part
Conditions
11.0. A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit of any of these Conditions unless we agree otherwise in writing.
11.1. The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.
11.2. We will not have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from circumstances beyond our reasonable control.
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