As the operator of this Website, www.shawstairs.com we have designed your shopping experience with us to be as clear and straightforward as possible. Our terms and conditions relating to your purchase are now outlined below as we wish to clarify all aspects of the transaction between us, avoid any misunderstandings and inform you of your statutory rights.
You are therefore required to read through these terms and conditions carefully before using this Website and making any purchases from us. We also encourage you to print a copy for future reference.
By using this Website, you agree to be bound by our terms and conditions. If you need to contact us for any reason, it’s important that you know who operates this site and how to contact us easily. Accordingly, the www.shawstairs.com Website is operated by Shaw Stairs Ltd, Company House No. 03765245, VAT Registration Number 729837192. The operator’s trading address is:
Shaw Stairs Ltd
Units 4 & 5 Apollo Park, Apollo
Lichfield Road Industrial Estate
Tamworth B79 7TA
Our contact numbers are:
Telephone: 01827 54988
- “We/Us/Our” shall mean Shaw Stairs Ltd, the operator of the Website www.shawstairs.com and Seller.
- “You” shall mean the buyer or customer purchasing Goods online from the Website – including any person acting on your behalf and with your authority. You may be a private individual or a business owner/representative. At our sole discretion, businesses purchasing goods through the Website’s online store may be afforded the same level of protection as consumers for Goods purchased through our Website subject to Clause 14 regarding business use of our Goods and subject to cancellation clauses in section 9.
- “Website” shall mean www.shawstairs.com and any subsequent domain URL that may replace it.
- “Goods” shall mean Goods supplied by us to you, the buying customer, and are described on our Website. Ordering bespoke Goods made to your specifications affects your right to cancel your order and return Goods to us in line with Clause 8.5.
- “Price” shall mean the cost of the Goods as agreed between us, the seller, and you, the customer.
- ‘Working day’ is defined as Monday, Tuesday, Wednesday, Thursday or Friday excluding UK public holidays.
- Ordering Non-Bespoke Goods From Us
- As part of the ordering process, you will be required to complete an online registration form. This will help us to understand your requirements more fully and /help ensure that you are supplied with the correct Goods. Your contact details also help facilitate any follow-up calls with you as necessary and also streamline the billing process.
- You can then place an order for Goods from us through our online store checkout process. Once you have confirmed your order we will advise you that it is being processed (subject to clause 2.3). You are asked to print out this order process message and these terms and conditions for your records.
- You understand that in the following instances, and at our sole discretion, we may not be able to accept your order when:
i) we are unable to secure authorisation for your payment; and/or
ii) the Goods you have selected are not available; and/or
iii) there has been an inadvertent pricing or product description error as explained in Clause 4.2.
- If we do not accept your order we will inform you by phone or by e-mail.
- Further to Clause 2.2 above, we shall endeavour to hold sufficient stock to meet all orders. However, if there is insufficient stock to supply goods already paid for, we can provide substitute Goods relevant to your needs. You will always be notified and have the option to cancel your order (or the part of the order affected) if you do not accept the suggested alternative.
- Your order represents an offer to us to purchase Goods. Our acceptance of your order takes place only when we've despatched your chosen Goods to you.
- The purchase contract will be made when we despatch the ordered goods to you and not before, even if your payment has been processed immediately. We will not despatch your Goods if we have informed you in writing that we are unable to accept your order or if you have cancelled your order prior to despatch.
- After your order has been readied for delivery, we will send you confirmation of despatch by e-mail which will include our scheduled delivery date of your Goods.
- Ordering Bespoke Goods From Us
- The process is similar as for non-bespoke Goods in clause section 2., except that before accepting your order:
- additional checks will be made prior to despatch; and
- for higher value orders we will call you or write to you by e-mail if we need to clarify your order. We may also provide you with drawings to ensure the bespoke Goods meet your requirements; and
- for some orders we may also request that we visit the location where the bespoke Goods are intended to be installed.
- You agree that once your order for bespoke Goods is accepted by us, it cannot be cancelled as explained in clause 8.5 and as permitted by Regulation 13 of The Consumer Protection (Distance Selling) Regulations 2000.
- The process is similar as for non-bespoke Goods in clause section 2., except that before accepting your order:
- Price And Payment
- The Price you pay is the Price displayed on this Website at the time we receive your order subject to Clauses 4.2. - 4.4.
- We endeavour to ensure that all Prices on our Website are accurate and yet the occasional error may still occur. If we find such an error in the Price of Goods you have ordered, we will inform you at the earliest opportunity and give you the option of reconfirming your order at the correct Price or cancelling it. Should you choose to cancel and you have already paid for the Goods, you will receive a full refund. And if you cannot be contacted we will regard your order as cancelled.
- The Prices visible whilst browsing our website are exclusive of VAT. As soon as Goods are selected and added to the online shopping cart, the Price will include VAT together with any other taxes and duties that may be applicable.
- We charge separately for delivery and the appropriate delivery charges will be displayed during the checkout process.
- Payment will be made by Paypal, Visa, Mastercard, Visa Electron Debit Cards and other major debit cards through the SAGEPAY merchant system.
- Delivery Of Goods
- Delivery of the Goods you have ordered shall take place when you take possession of the Goods at your chosen address. Delivery shall be made by our nominated carrier to the UK address that you stipulate in your order.
- Delivery of Goods to a third party nominated by you is deemed to be delivery to you for the purposes of this agreement.
- Delivery is restricted to the UK. For deliveries outside the UK please contact us directly.
- The costs of delivery are in addition to the Price and are dependent upon the weight and quantity of ordered Goods. Delivery costs will be calculated and visible to you during the checkout process for your Goods.
- UK orders for non-bespoke Goods placed before 5 p.m. will be despatched to you within three (3) to five (5) working days. You understand that any dates quoted for delivery of the goods are approximate and the seller will not be liable for any delay in delivery of the goods howsoever caused.
- If your Goods have not been delivered within two working days after the scheduled delivery date (as per clause 2.8) you agree to notify us of non-delivery by phone or by e-mail – email@example.com. Your failure to notify us of non-delivery will render your right to make a subsequent claim for non-receipt of Goods as null and void.
- The delivery timescales in clause 5.5 do not apply to certain UK geographical areas. For Scottish Islands, Isle of Wight, Isle of Man, Northern Ireland, Jersey and Guernsey two further working days are needed to the timings outlined in the above clause 5.5.
- You understand that delivery time for bespoke Goods will take longer than the timescales outlined in clause 5.5. In this case, we will advise you of the delivery time by phone or by e-mail. You will be able to request a preferred delivery day for your bespoke Goods which we shall endeavour to meet if your preferred date is after the time necessary to create, source and deliver the ordered bespoke Goods.
- If our nominated carrier cannot effect delivery due to your failure to accept delivery in person, we may attempt to contact you to arrange alternative delivery arrangements but can make no guarantee that this call will be made to you. Our nominated carrier will also make a second attempt to deliver your Goods but if this delivery attempt cannot be made due to your 2nd failure to accept delivery in person our carrier will make one further attempt to deliver your Goods subject to a redelivery charge of £15.
- You agree to take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:
- such discrepancy in quantity shall not exceed 5%; and
- the Price shall be adjusted pro rata to the discrepancy.
- Our failure to deliver shall not entitle either party to treat this contract as repudiated. We shall not be liable for any loss or damage whatsoever due to our failure to deliver the Goods (or any of them) promptly or at all.
- If you should receive an item that is not in perfect condition, was damaged in shipping or there is a shortage of quantity, please notify us within 48 HOURS OF Receipt of your items by emailing us at firstname.lastname@example.org marking your email "DAMAGED" or calling us on 01827 54988. We will always try to help resolve such issues but we do require notification of the problem within this timescale, If you receive goods and packaging is damaged you must sign the couriers notes as damaged.
- All risk of damage to or loss of the Goods shall pass to you on delivery.
- Throughout the period of cancellation, as described in Clause 8.1, you have a statutory duty under the Consumer Protection (Distance Selling) Regulations 2000 to retain possession of the goods and take reasonable care of them.
- If you fail to take delivery of the goods at the time when we, through our nominated carriers, have tendered delivery of the goods, all risk shall pass to you nonetheless.
- The Title to any Goods you order on this Website shall pass to you on delivery provided that we have received payment in full.
- Cancellation and Returns for Consumers
- For all goods ordered through our Website, except bespoke goods as per Clause 8.5 below, you are entitled to cancel your order up until seven (7) working days after the delivery date. If you wish to exercise your right to cancel, you must notify us in writing either by mail or by e-mail to the addresses outlined above.
- At the time of your cancellation, you are also required to return the non-bespoke goods at your own cost and undamaged. A full refund will be made to your credit or debit card account within a maximum period of 30 days of receiving your written cancellation notice.
- If you cancel your order for non-bespoke Goods within the seven (7) working day period, you agree to honour your statutory responsibility to:
- take reasonable care of the Goods while in your possession; and
- take every precaution to ensure that your cancelled Goods are returned to us promptly and that they are not damaged in transit.
- If the non-bespoke Goods are not returned or if the same Goods are returned to us in anything other than a complete and original condition, then a claim will be made against you for the full Price and recovery costs associated with the Goods you have cancelled and failed to return effectively. This claim will be pursued in accordance with the Default and Consequences of Default clauses section 14. below.
- Your right to cancel your order AND OBTAIN A REFUND AS DESCRIBED IN CLAUSEs 8.1 & 9.2 does not apply to the bespoke GOODS we sell. This important exemption relates to the supply of bespoke Goods made to your individual specifications in accordance with Regulation 13 of the Distance Selling Regulations.
- Cancellation and Returns for Business Customers
- This clause area applies to those customers who we believe:
- are an identifiable business entity; or
- are acting in a business capacity; or
- intend to use the Goods for business or resale purposes.
- In the event that you, as a business customer, cancels delivery of either bespoke Goods or non-bespoke Goods, you shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
- You understand and agree that statutory cancellation rights such as those included in the Distance Selling Regulations do not extend to online business purchases.
- This clause area applies to those customers who we believe:
- This agreement is subject to the provisions of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (or any replacement or re-enactment thereof) in all cases except where you, the Customer, is contracting within the terms of a trade/business (which cases are specifically excluded).
- Notwithstanding clause 10.1, nothing in this agreement is intended to have the effect of contracting out of any applicable provisions the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts, laws or legislation.
- Intellectual Property
- Where we have designed, drawn or written Goods for you, then the copyright in those designs and drawings shall remain vested in us, and shall only be used by you at our discretion.
- For bespoke Goods made to your specifications, you warrant that all designs or instructions sent to us will not cause us to infringe any patent, registered design or trademark in the execution of your order.
- Building Regulations
- Where the Seller believes that the Buyer’s instructions will result in Goods being supplied which breach building regulations, the Buyer shall be informed of the same by phone or by e-mail.
- In the case of 12.1, the Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the Buyer as a result of the manufacture, supply and/or installation of Goods which breach building regulations.
- We endeavour to ensure that the information on our Website is correct, but we do not warrant the accuracy and completeness of this information. We may make changes to the material on this Website, or to the products and Prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
- You understand that many of our Goods are manufactured from natural materials and you agree to allow for a reasonable variation between the finish and appearance of the Goods sold on Our Website and those supplied to you.
14.Default & Consequences of Default
- Interest on claims (such as those described in Clause 8.4) shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month. Such interest shall compound monthly at such a rate after as well as before any judgment.
- If you default in payment of any invoice for claims when due, you shall indemnify us from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.
- Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment), we may suspend or terminate the supply of Goods to you and any of our obligations under these terms and conditions. We will not be liable to you for any loss or damage that you may suffer because we exercised our rights under this clause.
- If any outstanding claim against you remains overdue after thirty (30) days then an amount of ₤20.00 shall be levied as an administration fee and shall be levied for each month that our claim amount remains overdue, which sum shall become immediately due and payable.
- Without prejudice to our other remedies at law, we shall be entitled to cancel all or any part of any order by you which remains unperformed in addition to and without prejudice to any other remedies.
- We accept no liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
- Domestic Use and Business Use
- The products we offer for sale through our Website are suitable for both domestic use and business use. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance.
- Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
- Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud).
- Data Protection Act 1998
- The Buyer authorises the Seller to:
- collect, retain and use any information about you, for the purpose of assessing your creditworthiness or marketing products and services to you; and
- to disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by you on publicly accessible credit reporting databases.
- We may also use information about you to monitor and analyse our business. In this connection you authorise us to disclose personal information to agents or third parties engaged by us.
- You consent to the transfer of information outside of the European Economic Area for the purposes listed above.
- Where you are an individual the authorities under (clause 16.1) are authorities or consents for the purposes of the Data Protection Act 1998.
- You shall have the right to request us for a copy of the information about you retained by ourselves and the right to request us to correct any incorrect information about you held by us.
- The Buyer authorises the Seller to:
- Limitation of Liability
- We shall be under no liability whatsoever to you or any third party for any indirect loss and/or expense (including loss of profit or goodwill) suffered by you or any third party arising out of a breach by us of these terms and conditions.
- We shall also accept no liability whatsoever for any loss (including loss of profit or goodwill) arising from your use of our Website or from your inability to use (or the results of use) of this Website including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any Websites linked to this Website.
- In the event of any breach of this contract by us, the Seller, your remedies shall be limited to damages and our liability (if any) whether in contract, tort or otherwise in respect of any defect in the Goods, or for any breach of these terms and conditions, or of any duty owed to you in connection with them shall be limited to the amount of the Price.
- For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict our liability to any person for death or personal injury to that person resulting from our negligence.
- If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your details.
- You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
- If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and shall continue to have full force and effect.
- Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
- These terms and conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of Stafford.
- You shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to you by us.
- We reserve the right to review these terms and conditions at any time. For this reason, you realise the importance of printing a copy of these terms and conditions at the time of your purchase.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.