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The Warehouse, Woodfield Road,
New Inn, Pontypool NP4 0PT
Terms And Conditions
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally
enforceable agreement without further reference to you, you must read these
terms and conditions to make sure that they contain all that you want and
nothing that you are not happy with. if you are not sure about anything, just
phone us on 01495616560.
Application
1. These Terms and conditions will apply to the
purchase of the goods by you (the customer or you). We are Ultra Coat LTD a
company registered in England and Wales under number …. whose registered
office is at The Warehouse, Woodfield Road, Gwent, NP40PT with email address info@ultra-coat.co.uk;
telephone number 01495616560; (the supplier or us or we)
2. These are the terms on which we sell all goods
to you. By ordering any of the goods, you agree to be bound by these Terms and
Conditions. Before placing an order on the website, you will be asked to read
these Terms and Conditions by clicking on the button marked ‘I Accept’. If you
do not click on the button, you will not be able to complete your order.
Interpretation
3. Consumer means an individual acting for the purposes which are wholly or
mainly outside his or her trade, business, craft or profession.
4. Contract mean the legally binding agreement
between you and us for the supply of the goods:
5. Delivery Location means the Supplier’s premises
or other location where the goods are to be supplied, as set out in the order,
6. Durable Medium means paper or email, or any other medium that allows
information to be addressed personally to the recipient, enables the recipient
to store the information in a way accessible for future reference for a period
that is long enough for the purposes of the information, and allows the
unchanged reproduction of the information needed.
7. Goods means the goods advertised on the website that we supply to you of the
number and description as set out in order;
8. Order means the customer’s order for the goods from the supplier as
submitted following the step by step process set out on the website.
9. Privacy Policy means the terms which sets out
how we will deal with confidential and personal information received from you
via the website.
10. Website means our website
www.gmayersservices.co.uk on which the goods are advertised.
Goods
11. The description of the goods is as set out in
the website, catalogues, brochures or other form of advertisement. Any
description is for illustrative purposes only and there may be small
discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special
requirement, it is your responsibility to ensure that any information or
specification you provide is accurate.
13. All Goods which appear on the website are
subject to availability.
14. We can make changes to the goods which are
necessary to comply with any applicable law or safety requirement. we will
notify you of these changes,
Personal Information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other communication methods and by
pre-paid post and you expressly agree to this.
Basis Sale
17. The description of the goods in our website
does not constitute offer to sell the goods. When an order has been submitted
on the website, we can reject it for any reason, although we will try to tell
you the reason without delay.
18. The order process is set out on the website.
each step allows you to check and amen any errors before submitting the order.
it is your responsibility to check that you have used the ordering process
correctly.
19. A contract will be formed for the sale of Goods
ordered only when you receive an email from us confirming the order (order
confirmation.) You must ensure that the order confirmation is complete and
accurate and inform us immediately of any errors. we are not responsible for
any inaccuracies in the order placed by you. By placing an order, you agree
confirmation within a reasonable time after making the contract, but in any
event not later than the delivery of any goods supplies under the contract.
20. Any quotation is valid for a maximum period of
30 days from its date unless we expressly withdraw it at an earlier time.
21. No variation of the contract, whether about
description of the goods, Fees or otherwise, can be made after it has been
entered into unless the variation is agreed by the customer and the supplier in
writing.
22. We intend that these Terms and Conditions apply
only to a contract entered by you as a customer. If this is not the case, you
must tell us, so that we can provide you with a different contract with terms
which are more appropriate for you and which might , in some respects, be
better for you, e.g. by giving you rights as a business.
Price and payment
23. The price of the goods and any additional
delivery or other charges is that set out on the website at the date of the
order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate
applicable at the time of the order.
25. You must pay by submitting your credit or debit
card details with your order and we can take payment immediately or otherwise
before delivery of the goods.
Delivery
26. We will deliver the goods, to the delivery
location by the time or within the agreed period or, failing any agreement,
without undue delay and, in any event, not more than 30 days after the day on
which the contract is entered into.
27. In any case, regardless of events beyond our
control, if we do not deliver the goods on time, you can (in addition to any
other remedies) treat the contract at an end if:
a. we have refused to deliver the goods, or if
delivery on time is essential taking into account all the relevant
circumstances at the time the contract was made, or you said to us before the
contract was made that the delivery time was essential; or
b. after we have failed to deliver on time, you
have specified a later period which is appropriate to the circumstances and we
have not delivered with the period.
28. If you treat the contract at an end, we will
(in addition to other remedies) promptly return all payments made under the
contract.
29. If you were entitled to treat the contract at
an end, but do not do so, you are not prevented from cancelling the order for
any goods or rejecting goods that have been delivered and, if you do this, we
will (in addition to other remedies) without delay return all payments made under
the contract for any such cancelled or rejected goods. if the goods have been
delivered, you must return them to us or allow us to collect them from you and
we will pay costs of this.
30. If any goods form a commercial unit (a unit is
a commercial unit if division of the unit would materially impair the value of
the goods or the character of the unit) you cannot cancel or reject the order
for some of those goods without also cancelling or rejecting the order for the
rest of them.
31. We do not generally deliver to address outside
of England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel
Islands. If, however, we accept an order for delivery outside that area, you
may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the goods in
instalments if we suffer a shortage of stock or other genuine and fair reason,
subject to the above provisions and provided you are not liable for extra
charges.
33. If you or your nominee fail, through no fault
of ours, to take delivery of the goods at the delivery location, we may charge
the reasonable costs of storing and redelivering them.
34. The goods will become your responsibility from
completion of delivery or customer collection. You must, if reasonably practicable,
examine the goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any goods will
pass to you when the goods are delivered to you.
36. You do not own the goods until we have received
payment in full. If full payment is overdue or a step occurs towards your
bankruptcy, we can choose, by notice to cancel any delivery and end ant right
to use the goods still owned by you, in which case you must return them or
allow us to collect them.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before
the Contract is made, if you simply wish to change your mind and without giving
us a reason, and without incurring any liability.
38. This is a distance contract (as defined below)
which has the cancellation rights (Cancellation Rights) set out below. These
Cancellation Rights, however, do not apply, to a contract for the following
goods (with no others) in the following circumstances:
a. goods that are made to your specifications or
are clearly personalised.
b. goods which are liable to deteriorate or expire
rapidly.
39. Also, the Cancellation Rights for a Contract
cease to be available in the following circumstances:
a. in the case of any sales contract if the goods
become mixed inseparably (according to their nature) with other items after
delivery.
Right to cancel
40. Subject as stated in their Terms and
Conditions, you can cancel this contract within 14 days without giving any
reason.
41. The cancellation period will expire after 14
days from the day on which you acquire, or a third party, other than the
carrier indicated by you, acquires physical possession of the last of the
goods. In a contract for the supply of goods over time (i.e. Subscriptions),
the right to cancel will be 14 days after the first delivery.
42. To exercise the right to cancel, you must
inform us of your decision to cancel this Contract by a clear statement setting
out your decision (e.g. a letter sent by post, fax or email.) You can use the
attached model cancellation form, but it is not obligatory. In any event, you
must be able to show clear evidence of when the cancellation was made, so you
may decide to use the model cancellation form.
43. You can also electronically fill in and submit
the model cancellation form or any other clear statement of the Customer’s
decision to cancel the Contract on our website www.gmayersservices.co.uk. If
you use this option, we will communicate to you an acknowledgement of receipt
of such a cancellation in a Durable Medium (e.g. by email) without delay.
44. To meet the cancellation deadline, it is
sufficient for you to send your communication concerning your exercise of the
right to cancel before the cancellation period has expired.
Effects of cancellation in the
cancellation period
45. Except as set out below, if you cancel this
Contract, we will reimburse to you all payments received from you, including
the costs of delivery (except for the supplementary costs arising if you chose
a type of delivery other than the least expensive type of standard delivery
offered by us.)
Deduction for Goods supplied
46. we may make a deduction from the reimbursement
for loss in value of any Goods supplied, if the loss is the result of
unnecessary handling by you (i.e. handling the Goods beyond what is necessary
to establish the nature, characteristics and functioning of the Goods: e.g., it
goes beyond the sort of handling that might be reasonably allowed in the shop.)
This is because you are liable for that loss and, if that deduction is not
made, you must pay us the amount of that loss.
Timing of reimbursement
47. If we have not offered to collect the Goods, we
will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you
any Goods supplied, or
b. (if earlier) 14 days after the day you provide
evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if
no Goods were supplied, we will make the reimbursement without undue delay, and
not later than 14 days after the day on which we are informed about your
decision to cancel this Contract.
49. We will make the reimbursement using the same
means of payment as you used for the initial transaction, unless you have
expressly agreed otherwise; in any event, you will not incur any fees as a
result of the reimbursement.
Returning Goods
50. If you have received Goods in connection with
the Contract which you have cancelled, you must send back the Goods or hand
them over to us at The warehouse, Woodfield Road, Gwent, NP40PT, without delay
and in any event not later than 14 days from the day on which you communicate
to us your cancellation of this Contract. The deadline is met if you send back
the Goods before the period of 14 days has expired. You agree that you will
have to bear the cost of returning the Goods.
51. For the purposes of these Cancellation Rights,
these words have the following meanings:
a. Distance contract means a contract concluded
between a trader and a consumer under an organised distance sales or
service-provision scheme without the simultaneous physical presence of the
trader and the consumer, with the exclusive use of one or more means of
distance communication up to and including the time at which the contract is
concluded;
b. sales contract means a contract under which a
trader transfers or agrees to transfer the ownership of goods to a consumer and
the consumer pays or agrees to pay the price, including any contract that has
both goods and services as its object.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in
conformity with the Contract and will not have conformed if it does not meet
the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality.
b. be reasonably fit for any particular purpose for
which you buy the Goods which, before the Contract is made, you made known to
us (unless you do not actually rely, or it is unreasonable for you to rely, on
our skill and judgement) and be fit for any purpose held out by us or set out
in the Contract; and
c. conforms to their description.
54. It is not a failure to conform if the failure
has its origin in your materials.
55. We will immediately, or within a reasonable
time, give you the benefit of the free guarantee given by the manufacturer of
the Goods. Details of the guarantee, including the name and address of the
manufacturer, the duration and territorial scope of the Guarantee, are set out
in the manufacturer’s guarantee provided with the Goods. This guarantee will
take effect at the time the Goods are delivered and will not reduce your legal
rights.
Successors and our sub-contractors
56. Either party can transfer the benefit of this
Contract to someone else and will remain liable to the other for its
obligations under the Contract. The supplier will be liable for the acts of any
sub-contractors ho it chooses to help perform its duties.
Circumstances beyond the control of
either party
57. In the event of any failure by a party because
of something beyond its reasonable control:
a. the party will advise the other party as soon as
reasonably practicable; and
b. the party’s obligations will be suspended so far
as is reasonable, provided that that party will act reasonably, and the party
will not be liable for any failure which it could not reasonably avoid, but
this will not affect the Customer’s above rights relating to delivery and any
right to cancel, below.
Privacy
58. Your privacy is critical to us. We respect your
privacy and comply with the General Data Protection Regulation regarding your
personal information.
59. These Terms and Conditions should be read
alongside, and in addition to our policies, including our privacy policy
60. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law
relating to the processing of Personal data, including, but not limited to the
Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection
Regulation (EU) 2016/ 679.
c. ‘Data Controller’, ‘ Personal data and
‘Processing’ shall have the same meaning as in the GDPR.
61. We are a Data Controller pf the Personal Data
we process in providing Goods to you.
62. Where you supply Personal Data to us so we can
provide Goods to you, and we Process that Personal Data in the course of
providing the Goods to you, we will comply with our obligations imposed by the
Data Protection Laws:
a. before or at the time of collecting Personal
Data, we will identify the purposes for which information is being
collected.
b. we will only Process personal data for the
purposes identified.
c. we will respect your rights in relation to your
Personal Data; and
d. we will implement technical and organisational
measures to ensure your Personal Data is secure.
63. For any enquiries or complaints regarding data
privacy, you can e-mail: info@gmayersservices.com.
Excluding liability
64. The supplier does not exclude liability for:
(i) any fraudulent act or omission; or (ii) for death or personal in fury cause
by negligence or breach of the Supplier’s other legal obligations. Subject to
this, the supplier is not liable for (i) loss which was not reasonably
foreseeable to both parties at the time when the Contract was made, or (ii)
loss (e.g. loss of profit) to the Customer’s business, trade, craft or
profession which would not be suffered by a Consumer – because the Supplier
believes the Customer is not buying the Goods wholly or mainly for its
business, trade, craft or profession.
Governing laws, jurisdiction and
complaints
65. The Contract (including any
non-contractual matters) is governed by the law of England and Wales.
66. Disputes can be submitted to the jurisdiction
of the courts of England and Wales or, where the Customer lives in Scotland or
Northern Ireland, in the courts of respectively Scotland or Northern
Ireland.
67. We try to avoid dispute, so we deal with complaints
in the following way:
If a dispute occurs customers should contact us to
find a solution. We will aim to respond with an appropriate solution within 7 working
days.