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Business to consumer – Online terms and conditions between a business and a consumer for the sale of goods
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Naylor and Fay Ltd (Company Number 8952200) of Allmans Heath Farm, Woodhead Road, Glossop, SK13 7QE. VAT Reg No 193967351. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com or 01457 238103.
1. The contract between us
1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
2.1 To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
2.2 We do not have to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:
- your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by the payment systempayment has been made using a card not issued in a country we dispatch to,
- or not where the billing address is;
- there is an error on the website regarding the price or description of a product;
- the items ordered are no longer in stock or in production;
-we have tried contacting you about your order and have not heard back within a reasonable period of time; or
- if the items you have ordered are unavailable for any other reason, you will be notified as soon as possible.
2.3 By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment was made.
3. Ownership of rights
3.1 All rights, including copyright, in this website are owned by or licensed to Naylor and Fay Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose. You may link to any page on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This Website must not be framed on any other site without giving reference or linking imagery to us. We reserve the right to withdraw linking permission without notice.
4. Accuracy of content
4.1 We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the prices or their goods as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4.2 Internet Pictures - Whilst every effort is made to use a photograph as close to the real item as possible, some screens and browsers affect the colour of the picture displayed. Please visit a local Little Greene paint supplier for a true representation of the paint colours, if you require a sample of the timber finishes for reference they are available upon request.
4.3 Illustrations and samples - The seller supplies natural products. Illustrations/images and samples cannot convey the complete variation in grain, colour, tone and natural defects. It is the responsibility of the buyer to ensure that they are fully aware of the appearance and nature of any goods ordered subject to clause 12.3.
5. Damage to your computer
5.1 We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6.1 All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order. We hand finish each item to order, so at busy times our lead time may be lengthened to complete each order to our high standards. As defined in our delivery info page at the bottom of our website.
7. Ordering errors
7.1 You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8.1 The prices payable for goods that you order are as set out on our website and to the best of our knowledge, all prices are inclusive of VAT at the current rates and are correct at the time of entering information.
8.2 Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment terms
9.1 We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have. Under no circumstances will Naylor and Fay Ltd be held responsible for but not limited to additional electrician or any other contractor fees that arise because of but not limited to late, damaged or incorrect delivery of goods. You should not book an electrician or any other contractor on the basis of an ETA set by the supplier.
10. Delivery charges
10.1 Delivery charges vary according to the type of goods ordered.
11.1 Our delivery charges are set out in the returns and delivery section on our website.
11.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
11.3 Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
11.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions. We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the working day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
12.1 We will not accept returns or claims of any kind if the products have been fitted sooner than 4 weeks before the completion of wet trades including plastering, plumbing and any trades that will increase the humidity of the building. The wooden switch surrounds should not be stored in any area where the humidity is more than 60 % and must not be subjected to direct heat if an area is damp and you are trying to dry it out. We cannot accept any returns or claims if you have decided to store the switches yourself prior to fitting. No claims can be made against quality or the condition of the switches if you have stored them on site, or anywhere else for more than 30 days and we cannot accept any returns where you have had the switches for more than 30 days.
12.2 The colouring process for oak - Naylor and Fay offers a finishing option to their oak products which comes from a natural reaction to Sodium hydroxide. When Sodium hydroxide is applied to the oak it naturally darkens the timber which produces a much richer colour, this is created by a chemical reaction between Sodium hydroxide and the tannic acid which is naturally occurring in all oak species. As this is a natural reaction the seller has no way of controlling how each piece of timber will finish, therefore differences in colour will always occur. The seller will endeavor to balance the timber colour in all orders produced but some discrepancies are accepted. The seller advises all customers requiring a completely even colour that staining timber is the best option.
13. Cancellation rights
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
13.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order using specially requested paint colours)
13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
13.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
13.7 Subject to 13.3 if you wish to cancel your bespoke or made-to-measure product for any reason, it's highly unlikely that we could sell it to another customer at full selling price. We therefore reserve the right to charge a cancellation fee of up to 50% of the full selling price once we have started to manufacture the Product. In respect of these products our usual refund policy does not apply, and products cannot be returned or exchanged unless faulty.*
(*None of the above affects your statutory rights when goods are faulty or not as described. For your rights of cancellation under the Consumer Protection Distance Selling Regulations.)
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15. If there is a problem with the goods
15.1 If you have any questions or complaints about the goods please contact us. You can do so at 01457 238103, Allmans Heath Farm, Woodhead Road, Glossop, SK13 7QE, firstname.lastname@example.org
15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.
15.4 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. 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.
16.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
16.6 Under no circumstances will Naylor and Fay Ltd be held responsible for but not limited to additional electrician or any other contractor fees that arise because of but not limited to late, damaged or incorrect delivery of goods. You should not book an electrician or any other contractor on the basis of an ETA set by the supplier.
17.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Allmans Heath Farm, Woodhead Road, Glossop, SK13 7QE and all notices from us to you will be displayed on our website from time to time.
18. Changes to legal notices
18.1 We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, jurisdiction and language
19.1 This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
20.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
22. Third party rights
22.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23.1 You agree fully to indemnify, defend and hold us, our officers, directors, employees, agents and suppliers, harmless from and against all claims, liability, damages, losses, costs and expenses, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account or personal information.
24. Installation / Fitting
24.1 You must ensure that any installation / fitting of goods purchased from The Naylor and Fay ecommerce store is carried out by a qualified electrician. From 1st January 2005 any installation / fitting of none portable lighting may be subject to Part P of the current building regulations, for more information please contact your local building regulations office. Failure to have none portable lighting installed / fitted by a qualified electrician will invalidate your warranty and may be in breach of the current building regulations. Any electrician should be able to demonstrate one of the following qualifications: BRE Certification Limited, British Standards Institute, ELECSA Limited, NICEIC Certification Services Ltd, N.A.P.I.T.
24.2 Solid timber is susceptible to movement caused by changing humidity in the atmosphere. This means the timber can experience movement in areas where the humidity is likely to vary like kitchens, bathrooms and conservatories. The effects of this include, cupping, splitting, warping and shrinking.
24.3 Temperature and humidity are critical factors. All timber materials which are dried to a specific moisture content in accordance with British and European Standards must be stored in conditions relative to the to the standards code, details of which are available on request.
24.4 Central heating, as there is no reliable way of recording or monitoring the heating-system settings and room conditions over time, it would be impossible to prove or disprove whether all the guidelines had been followed; therefore, we cannot give a guarantee in the case of small movements with regards to the timber surrounds.
24.5 Failure to install in accordance with the instructions on our website will void all warranties. It is the installers and purchasers responsibility to follow the fitting guide on our site. Likewise, it is the installers and purchaser's responsibility to check that the moisture content of the uninstalled surrounds is within the acceptable range that Naylor and Fay warrants of 8% to 10% prior to installation. Naylor and Fay switch surrounds are manufactured to 7% to 9% moisture content. It is the installers and purchaser's responsibility to inspect the switches prior to installation and to install the products with good workmanship. Naylor and Fay's warranty does not apply to claims made on timber surrounds installed with colour/grain variation and this warranty does not cover poor workmanship by the installer.
24.6 Exposure of the timber surrounds to sunlight will alter the colour of the surrounds, exposure for prolonged periods to excessive heat from the sun through glass in summer (such as conservatories) can make it shrink and it will then expand in winter, this is not covered under our warranty. This is a natural reaction for timber which is not considered a defect and not covered by the warranty.
25.1 Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then
the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully
delivered irrespective of the courier.
We at, Naylor and Fay Ltd are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is (details), or you can e-mail us on (details).
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
(name and address of the data controller)
Naylor and Fay Ltd
Allmans Heath Farm
I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:
Ordered on*/Received on*: ……………………………………………….
Name of consumer(s): ……………………………………………….
Address of consumer(s): ……………………………………………….
Signature of consumer(s): ………………………………………………. (only if this form is notified on paper)
*Delete as appropriate