TERMS AND CONDITIONS
1.1 These terms and conditions (the Terms) shall govern the sale and purchase of products through our website, by phone or by email. We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. We recommend that you review these Terms before every purchase that you make.
1.2 We sell to consumers, and to businesses. When we refer to a consumer we mean an individual acting wholly or mainly outside your trade, business, craft or profession. Within these Terms certain provisions apply only to consumers, or to businesses as indicated.
- Order process
- To order products from us, including customised products, you can follow the process on the website, or contact us by telephone to 01925 729760 or email at email@example.com. You can only order products made to your specification by telephoning us and/or emailing the specifications to us.
- You must make sure that all information you provide to us, including your email and delivery address, is accurate. Please be careful to send accurate measurements, drawings and other details for products made to your specifications; we shall have no liability to you for any product made to your specifications if you have sent incorrect measurements or other details.
- Once we receive your order, will send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
3.2 All our products are made to order and most products are sent out for self assembly.
3.3 As products are manufactured from natural materials they may contain natural defects for example, knots in wood. Any cracking, swelling, wrapping and splitting in wood due to adverse weather conditions will not construed as a defect from poor design, workmanship or manufacturing faults.
3.4 A suitable pet safe timber treatment should be applied at the time of first build and then applied every 12 months to maintain the appearance of the timber. The application and/or mixing guidelines provided by the manufacturer of the timber treatment should be followed.
4.1 Our prices are quoted on our website for standard products, but we will notify you of the price for any customized or product made to your specification.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have already come into force.
4.3 We do not currently charge VAT.
4.4 In addition to the price of the products, you will have to pay a delivery charge and you may choose to pay an installation charge. Prices for installation are subject to change if we are unable to install the product because of a lack of access, area and/or the ground is not level; see Section 5.7 for further information.
4.5 You may pay for your order in two payments. First payment is a deposit of 50% followed by a final payment of the remaining 50%. If you are a business, (a) we may accept a smaller initial deposit; and (b) you agree that the initial deposit is not refundable. We will not deliver any products until payment has been made in full. Whether you are a consumer or a business, if you order customized products or products made to your specification you agree that the initial deposit is not refundable.
4.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request (a) an amount equal to the amount of the charge-back; (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); (c) an administration fee of GBP 25.00; and (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 4.6 (including legal fees and debt collection fees). For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 4.6.
- Deliveries and Installation
5.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the order process.
5.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 20 weeks following the date of the order confirmation; however, we do not guarantee delivery by this date. When your products are ready to be delivered, we will contact you to agree a suitable time and date.
5.3 You must ensure that an authorised representative is at the delivery address on the delivery date agreed with you. If we are unable to deliver the products on such delivery date because of your act or omissions, we may charge you storage costs and require additional fees before we re-deliver the products. If you do not contact us within 10 days from the date of delivery agreed with you to re-arrange delivery, we shall be entitled to re-sell the products.
5.4 We will only deliver products to addresses in the UK and Ireland and we require access to the delivery address for a 7.5 ton vehicle. If you are unable to provide such access please contact us at firstname.lastname@example.org before placing an order.
5.5 We may offer our own delivery and assembly service within 200 miles of Warrington, Cheshire.
5.6 When you take delivery of your order, you will be asked to sign for it. What you are signing for is to say that you have received the product in good condition. If in the unlikely circumstances the item or packaging is damaged please sign the delivery document as damaged or refuse the delivery.
5.7 If you have requested installation services, you shall ensure that the products are capable of being installed on delivery. If it is not possible to install the product, for example if there is insufficient access and/or the ground is not level we may agree to level the ground or carry out other work in order to install the products. We reserve the right to charge an additional cost before we carry out such work. You agree that, if there is insufficient access and/or the ground is not level and we are unable to install the product, you shall have no right to a refund of the installation fee.
- Consumer right to cancel
6.1 This Section 6 applies if and only if you are a consumer.
6.2 YOU DO NOT HAVE ANY RIGHT TO CANCEL AN ORDER OR RETURN CUSTOMISED PRODUCTS OR PRODUCTS MADE TO YOUR SPECIFICATIONS UNLESS THE PRODUCT IS DAMAGED OR DEFECTIVE.
6.3 You may cancel your contract with us for the products you order at any time up to 14 days from the date you receive the products. If you do cancel your contract, you must take reasonable care of the products whilst they are in your possession.
6.4 To cancel your contract you must notify us in writing clearly stating the following your name, geographical address, details of the order you wish to cancel including order number and, where available, your phone number and email address. You can notify us by email to at email@example.com. We will email you a price for the return of the products, or you may seek a quote for a courier to return the products. Please also make sure you package the products appropriately to avoid damage.
6.5 We will refund any sums paid for the products returned and, if you return the whole order, we will refund the delivery costs you paid up to the price of standard delivery.
6.6 We shall be entitled to deduct from the amount to be refunded the direct costs of recovering the products or to reflect the loss in value of the products if (a) you do not return all of the products that you have cancelled; (b) you do not pay the costs of returning them to us; (c) the products are damaged on receipt as a result of incorrect assembly; (d) you have modified the products in any way including painting and/or treating with chemicals.
6.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise.
6.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
- The provisions of this Section 6 do not affect your consumer statutory rights. We are under a legal duty to supply products in conformity with the contract. As a consumer, you have legal rights in relation to products that are damaged or not as described. We ask that you inspect the products promptly. You must make the products available to us as soon as possible after informing us that the products are damaged or not as described. We reserve the right to inspect the products before we accept returned products, or we may ask you to send us photographs. If we are satisfied that the products are damaged or not as described, we shall arrange for a collection, and at your request, replace or repair the damaged or incorrect products or refund the amount paid by you for the products in question. We will be under no liability or further obligation in relation to damaged products if (a) the damage arises from normal wear and tear or from any negligence or willful damage; and/or (b) you have attempted to repair the products yourself.
- Cancellation and Returns for business customers
- If you are a business, then once a contract comes into existence, you may only return products in accordance with this Section 7 unless we in our absolute discretion agree otherwise in writing.
- You must inspect the products on delivery and notify us in writing of any damaged products or missing products within 48 hours from delivery. The products are deemed to be accepted by you as being in conformity with the contract if no notice is received within such time period.
- We reserve the right to inspect the products before we accept returned products. If we are satisfied that the products are damaged, or that there are missing products, we shall arrange for a collection, and at our discretion, replace or repair the damaged or missing products or refund the amount paid by you for the products in question.
- We will be under no liability or further obligation in relation to damaged or missing Products if (a) you fail to provide notice as set out above; (b) you make any further use of the products following notice to us and such use is inconsistent with your rejection of the products; (c) the damage arises from normal wear and tear or from any negligence or willful damage; (d) any parts are missing; (e) you have modified the products in any way including painting and/or treating with chemicals; and/or (f) you have attempted to repair the products yourself.
- Our right to cancel
8.1 We may cancel a contract under these Terms immediately, by giving you written notice of termination, if you fail to pay, on time and in full, any amount due to us under the contract. If you are a business customer, we shall not refund to you any sums already paid.
8.2 We may also cancel a contract under these Terms immediately, if (a) we do not deliver to your area; (b) one or more of the products you ordered was listed at an incorrect price due to a typographical error; and/or (c) we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war. If we terminate under this Section 7.2, we shall refund you all sums paid to the date of termination.
- Limitations and exclusions of liability
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
9.1 Nothing in these Terms will limit or exclude any liability (a) for death or personal injury resulting from negligence; (b) for fraud or fraudulent misrepresentation; (c) that is not permitted under applicable law.
9.2 We will not be liable to you under these Terms in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.3 We will not be liable to you under these Terms in respect of any special, indirect or consequential loss or damage.
- Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the fee paid for the product or installation service that is the subject of the claim.
- Use of the Site
- The website is made for your own use. You must not try to gain unauthorised access to the website or any networks, servers or computer systems connected to the website and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
- The copyright in all material contained in the website including our blog posts, and all information, data, text, images and software is owned by or licensed to us. All rights are reserved.
10.3 The website may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
10.4 We accept no responsibility for adverts contained within the website. If you agree to purchase products and/or services from any third party who advertises on the website, you do so at your own risk. The advertiser, and not us, is responsible for such products and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
- We will use reasonable endeavours to make the website available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any products, content or features from the website at any time and for any reason
- If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11.3 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the products or the installation services please follow this link http://ec.europa.eu/odr
11.4 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
- Our details
This website is owned and operated by Boyle’s Joinery Limited, trading as Boyle’s Pet Housing is a trading name of Boyle’s Joinery Limited. We are registered in England and Wales under company number 09540795, and our registered office is at Unit 7 Riverside Trading Estate, Cuerdley, Warrington, WA5 2UL. You can contact us by writing to this address, by using our website contact form, by email to firstname.lastname@example.org or by telephone on 01925 729760.