Terms and Conditions - Non Trade

These Terms assume that you are a consumer (meaning you are acting outside the course of your business, trade or profession). If this is not the case, then you will be treated as a 'Trade Customer' and the trade terms and conditions will apply to you and any order you make with us.

Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services.

You will receive a link to these terms and certain pre-contract information in your Confirmation Email once your order has been confirmed.

We amend these Terms from time to time as set out in clause 11. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are in the English language.

1. Information about us

The Supplier of products in this agreement is Plaster Coving Limited, a company registered in England and Wales under company number 08162266 and with our registered office at Westwyn Works, Clarence Drive, Filey, YO14 0AA. Our main trading address is Westwyn Works, Clarence Drive, Filey, YO14 0AA. Our website is www.plastercoving.ltd.uk. Our VAT number is GB205883404.

1.1 Contacting us:

1.1.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 13, you just need to let us know that you have decided to cancel. To cancel your order, email us at info@plastercoving.ltd.uk or contact our Customer Services team by telephone on 01723 321 111 or by post to Westwyn Works, Clarence Drive, Filey, YO14 0AA. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or the letter is received by us.

1.1.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01723 321 111 or by emailing us at info@plastercoving.ltd.uk

1.1.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

2. Our Products

2.1 The images of the Products on our site, in our samples and in our brochures are for illustrative purposes only. Your Products may vary slightly from those images and there can be minor discrepancies between those details advertised and the final Products.

2.2 Our products are handmade using real Gypsum plaster. Small imperfections are quite normal particularly around the edges. Such minor imperfections are not considered to be faults as during normal installation these areas are covered with adhesive.

2.3 Some of our Products are stock items. Stock items are Products that we know will store without deterioration if stored correctly. Stock items are identified on the webpages.

2.4 Some of our Products are not stock items and are only manufactured upon receipt of a confirmed order. These are Products that we have identified as being not suitable for storage other than for short duration’s. These Products will be identified on the webpages and should not be ordered until installation is scheduled to take place shortly after delivery. These Products are exempt from the right of cancellation once manufactured.

2.5 Due to the nature of our Products there is likely to be some moisture content still present when you receive your Products. It is very important that the Products are unpacked and stored in a suitable environment so as to not cause any damage to both the Product and anything it may come into contact with.

3. The installation of our Products

3.1 Our Products are intended to fitted by a qualified installer. Inability to install any of our Products does not in itself indicate a fault with a Product.

3.2 We may be able to offer advice relating to the installation and cutting of our Products. Such advice is intended to be a guide only and is not intended to be a substitute for a qualified professional.

4. Our Services

4.1 We will supply the Services to you within the time estimated.

4.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 20 for our responsibilities when an Event Outside Our Control happens.

4.3 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.

4.4 If we design the Product for you, we will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations we make in connection with the Product for you.

5. Points to note in relation to our Services

5.1 We provide a number of Services in connection with our Products (Bespoke Services). These services such as mould making, designing new products or one off castings are strictly non refundable once confirmed.

5.2 When providing bespoke services we will be following instruction provided by yourself or your agent. We will not be liable for any non-performance should this instruction prove to be incorrect.

5.3 We will not be liable for any delay or non-performance where you have not provided us with any information required.

5.4 We will make every effort to complete the Services within the estimated times provided. However, there may be delays due to an Event Outside Our Control. See 20 for Our responsibilities when an Event Outside Our Control happens.

6. If there is a problem with the Product

6.1 In the unlikely event that there is any defect with the Services or Product:

6.1.1 Please contact us and tell us as soon as reasonably possible;

6.1.2 Please give us a reasonable opportunity to repair or fix any defect; and

6.1.3 You will not have to pay for us to repair or fix a defect with the Services under this clause 6.1.

6.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use 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 Terms will affect these legal rights

7. Use of our site

Your use of our site is governed by our Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

8. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read it thoroughly, as it includes important terms which apply to you.

9. Age restrictions

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

10.If you place your order online

How the contract is formed between you and us

10.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

10.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 10.3.

10.3 We will confirm our acceptance to you by sending you an email confirmation with an invoice and VAT invoice (Confirmation Email). The Contract between us will only be formed when we send you this Confirmation Email.

10.4 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 16.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

11. If you place your order over the telephone or by email

How the contract is formed between you and us

11.1 Having browsed our website and/or brochures, if you decide that you would prefer to place your order with us over the telephone, the contract will be formed in accordance with the process set out in this clause 11.

11.2 Having contacted us by telephone to let us know the Products and/or Services you would like to receive, you will receive an email from us containing our quote. All quotes refer to (and incorporate into any contract between us) these terms and conditions. Please note that receipt of our quote does not mean that your order has been accepted and our acceptance of your order will take place as described in clause 11.5.

11.3 Our sales process has been designed to allow you to check and amend any errors in the invoice before forming the contract, so as to avoid any mistakes which can be made in concluding contracts by this method. Please therefore take the time to check your quote carefully.

11.4 Once you are satisfied that the invoice is accurate and that you would like to proceed based on the order set out within the invoice, but subject to these terms and conditions, you should contact us by telephone again to confirm the same and to make payment as necessary.

11.5 Following the conclusion of our telephone call, we will confirm our acceptance to you by sending you an email confirmation (Confirmation Email). The Contract between us will only be formed when we send you this Confirmation Email.

11.6 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 16.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

12. Our right to vary these Terms

12.1 We reserve the right to amend these Terms from time to time.

12.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

12.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

13. Your consumer right of return and refund

13.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 13.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

13.2 However, this right of cancellation right does not apply to Products manufactured at your specification and direction (for example, non stock items, bespoke products or design and moulding services).

13.2.1 our work in the provision of these Services and the additional products used as part of these Services can not be cancelled once this work has been undertaken (as permitted by law); and

13.3 Your legal right to cancel a Contract starts from the date of the Confirmation Email (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

13.4 To cancel a Contract, you just need to let us know that you have decided to cancel. Email us at info@plastercoving.ltd.uk or contact our Customer Services team by telephone on 01723 321 111. If you are emailing us then please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day.

13.5 If you cancel your Contract we will:

13.5.1 Refund you the price you paid for the Products, other than:

13.5.1.1 To reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (as we are permitted to do by law),
Save that if we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;

13.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

13.5.3 Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

13.5.3.1 If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 13.8; or

13.5.3.2 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

13.6 If you have returned the Products to us under this clause 13 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

13.7 We will refund you by the same method used by you to pay, unless agreed between us otherwise.

13.8 If a Product has been delivered to you before you decide to cancel your Contract:

13.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and

13.8.2 unless the Product is faulty or not as described (in this case, see clause 13.6), you will be responsible for the cost of returning the Products to us. We estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.

13.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 13 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
 

14. Delivery

Please pay particular attention to clause 14.2.

14.1 We aim to deliver most goods in the times estimated but not more than 30 days after the expected completion date specified in the Expected Completion Date Email in the case of made to order and bespoke orders, or after the Confirmation Email (which we email you to confirm our acceptance of the order) in the case of off-the-shelf orders. However, this can take longer in the case of bespoke Products which we will bring to your attention prior to contract formation. Likewise, we will always contact you 1 or 2 days prior to dispatch. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 20 for our responsibilities when this happens. We strongly recommend that because our delivery dates are estimates only, you refrain from hiring professionals until the Products have arrived.

14.2 If no one is available at your address to take delivery, we will endeavour to leave you a note that the Products have been returned to our premises. In such case, please contact us (using the details above) to arrange a re-delivery time and date. Because of the size and weight of our Products, we reserve the right to charge you for re-delivery if you haven’t been in at the delivery address at the time and date we have pre-notified you of.

14.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

14.4 You own the Products once we have received payment in full, including all applicable delivery charges.

14.5 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

14.5.1 we have refused to deliver the Products;

14.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

14.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

14.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 14.5 , you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

14.7 If you do choose to cancel your Order for late delivery under clause 14.5 or clause 14.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled

Products and their delivery.

15. International delivery

15.1 We deliver to a variety of international destinations and for any non-UK residents, we would ask that you contact our sales staff before placing an order, to confirm that we can deliver to your home-state. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on the relevant page(s) carefully before ordering Products.

15.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

15.3 You will be responsible for payment of any such import duties and taxes unless our quote for delivery explicitly includes these costs. Please contact your local customs office for further information before placing your order.

15.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

16. Price of products and delivery charges

16.1 The prices of the Products will be as quoted on our site at the time you submit your order. 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 please see clause 16.5 for what happens if we discover an error in the price of Product(s) you ordered.

16.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

16.3 The price of a Product includes VAT (where applicable) 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.

16.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

16.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as incorrect pricing, we do not have to provide the Products to you at the incorrect (lower) price. If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible 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 in writing.

17. How to pay

17.1 You can only pay for Products using credit card, debit card, Paypal or bank transfer.

17.2 Payment for the Products and all applicable delivery charges is in advance.

18. Our Guarantee

18.1 We provide a guarantee that on delivery, our Products shall be free from manufacturing defects. However, this warranty does not apply in the circumstances described in clause 18.2.

18.2 The warranty in clause 18.1 does not apply to any defect in the Products arising from:

18.2.1 any applicable movement of the Products which has not been performed in accordance with the Handling Guide which is contained within the Help Guide supplied on delivery;

18.2.2 fair wear and tear, accident or incorrect installation;

18.2.3 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

18.3 The warranty provided for under this clause 18;

18.3.1 is for the benefit of the first purchaser only of the Products and does not pass if the Product is re-sold;

18.3.2 can only be relied upon if you can provide proof of purchase;

18.3.3 only extends to the defective portions of a Product; and

18.3.4 does not extend to costs of labour for the installation or re-installation or the Products.

18.4 If you are a consumer, this warranty is in addition to, and does not affect, your 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.

19. Our liability to you

19.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

19.2 We are not responsible for loss which arises when we are not at fault or in breach of these Terms. We are not responsible for any damage caused by installation of our Products by a third-party or any other losses we didn’t cause and always recommend that you use a qualified and competent tradesman to install our Products into your Property. As we are selling to you as a consumer and we are not responsible for any business or non-consumer losses (for example, loss of profit).

19.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.4 We do not in any way exclude or limit our liability for:

19.4.1 death or personal injury caused by our negligence;

19.4.2 fraud or fraudulent misrepresentation;

19.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

19.4.4 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

19.4.5 defective products under the Consumer Protection Act 1987.

20. Events outside our control

20.1 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 20.2.

20.2 An 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 railways, shipping, aircraft, motor transport or other means of public or private transport.

20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

20.3.1 we will contact you as soon as reasonably possible to notify you; and

20.3.2 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.

20.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

21. Other important terms

21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

21.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

21.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.