1.1 “We” and “Us” – Walney UK Limited (Company no. 05419987) a company registered in England and Wales whose registered office is The Old Boardroom, Collett Road, Ware, Hertfordshire, SG12 7LR trading as the Trench Grille Centre.
1.2 All the terms and conditions set out below are incorporated into the contract between us.
1.3 Our aim is to provide our products right first time. Consequently, we operate the following strict policies to provide the best possible service.
1.4 Your attention is specifically drawn to clause 13 (limitation of liability).
2. Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
2.1 You are an individual.
2.2 You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
3.2 We do not provide plumbing or electrical work. You must make your own arrangements for these elements of your installation to be completed by others.
4. Payment Terms
4.1 Unless agreed otherwise, payment of 50% of the Contract Price is due at the time of placing an order.
4.2 Payment of the balance of the Contract Price must be paid prior to Approximate Delivery Date specified in this agreement. This remains the case even if the Approximate Delivery Date is extended,unless this agreement has been amended in writing.
5. Our products
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are assembled by hand, sizes, weights, capacities, dimensions and measurements indicated may vary slightly.
6. Bespoke Products
6.1 We will begin work immediately on products which are made to your specification or which are clearly personalised “Bespoke Products”, and therefore we cannot accept cancellations other than in accordance with clause 8.1.1 or 8.1.2 below.
6.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
7.1 If a product is not available for immediate delivery, typical delivery times may vary between 2 and 10 weeks excluding British bank holidays or their equivalent, this includes Bespoke Products. Occasionally some products may take up to 14 weeks.
7.2 In some cases individual grilles can be very heavy and in awkward sizes. Those made from cast iron are particularly heavy. Please bear this in mind when placing your order and take into account how far you will need to lift and carry your grille(s) and whether or not this includes stairs. Due to the weight of some of the heavier models and the difficulties this can cause with transportation, the surface of the paintwork can be, occasionally, susceptible to very minor abrasions.
7.3 Grilles are suitably wrapped and packaged and some of the heavier models are also supplied on pallets. To keep the cost of delivery to a minimum, grilles are transported via reputable commercial goods carriers. It may be necessary to deliver your grille(s) using an HGV vehicle and if access could prove difficult you must notify us beforehand and let us have clear instructions for a drop off point so we can notify our delivery drivers. Delivery will usually be made during office hours (8am-6pm), Monday-Friday, and you will be given at least 24 hours notice of your intended delivery date. You must advise immediately if the date is unsuitable to enable us to rearrange. 24 hours notice is required for the cancellation or alteration of an arranged delivery. Someone must be present to accept the delivery or the goods will not be unloaded and left – an additional charge will be made for re-delivery. Specific delivery slots can be catered for in some circumstances, e.g. before 12 or Saturday, but these may incur an additional charge.
7.4 The driver of the delivery vehicle is only able to stop at the closest point to the road, adjacent to your delivery address, and must be on a hard, flat surface. The driver is prohibited from lifting any heavy goods and is not insured to enter your house. It will be necessary for you to arrange suitable assistance to unload and move your grille(s) inside. It is imperative that someone is present to sign for the delivery, stating whether or not it has been inspected. If any grilles are not inspected when delivered they must be signed for as ‘unchecked’. Whilst the driver is still with you, we advise that you unwrap and inspect your grille(s) to ensure you are in receipt of the correct items and appropriate number of fixtures and fittings. In the unlikely event of there being a problem or if any visible damage or faults are noticed, other than the minor abrasions mentioned previously, you must contact the Trench Grille Centre on 01727 840344 immediately.
7.5 We are dependent on a number of factors outside our control, and therefore we do not accept liability for delays in the approximate delivery date, but will endeavour to inform You as soon as possible of any delays.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11. if you are a consumer and clause 12. if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or
8.1.3 If you are a consumer and have just changed your mind about the product, see clause 8.3 and 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you agree to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an error in the price or description of the product you have ordered and either does not wish to proceed;
8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
8.2.3 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most products bought otherwise than in-store you have a legal right to change your mind within 14 days and receive a refund. These rights, under the 8.2.3 Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of:
8.4.1 Bespoke Products or products made to your specification;
8.4.2 where products have been purchased in store; and
8.4.3 any products which have been installed or have become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds?
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
8.5.1 Where you have bought goods you have 14 days after the day you (or someone you nominate) receives the goods, unless:
8.5.2 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Call customer services on 01727 840344 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person, to where you bought them, or allow us to collect them from you which you agree will be at your cost. Please call customer services on 01727 840344 or email us at firstname.lastname@example.org to arrange collection. If you are a consumer exercising your right to change your mind you must return the goods to us within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms; an error in pricing or description; where you are a consumer and there has been a delay in delivery due to events outside our control; or because you have a legal right to do so as a result of something we have done wrong; or
9.3.3 In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, you agree that we will charge you the direct cost to us of collection. We will charge you a minimum of £20 for any collection and a maximum of £60 per pallet required for collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) 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. 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.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to a refund, this will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product and withhold delivery of any product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products which are not bespoke and that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. Your rights in respect of defective products if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01727 840344 or email us at email@example.com to arrange collection.
12. Your rights in respect of defective products
12.1 If you are a consumer we warrant that on delivery products shall:
12.1.1 conform in all material respects with their description and any relevant specification;
12.1.2 be free from material defects in design, material and workmanship; and
12.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) for 5 years in respect of most grilles.
12.2 Subject to clause 12.3, if: you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
12.2.2 we are given a reasonable opportunity of examining such product; and
12.2.3 you return such product to us at our cost,
12.2.4 we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3 We will not be liable for a product’s failure to comply with the warranty in clause 12.1 if:
12.3.1 you make any installation or further use of such product after giving a notice in accordance with clause 12.2.1;
12.3.2 the defect arises because you failed to follow any oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
12.3. 3 the defect arises as a result of us following any drawing, design or specification supplied by you;
12.3.4 you alter or repair the product without our written consent; or
12.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.4 Except as provided in this clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 12.1.
12.5 These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.
12.6 This clause does not affect your statutory rights if you are a consumer.
13. Limitation and exclusion of Liability
13.1.1 We will not be liable to You by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for: any losses which are not reasonably foreseeable by both Parties when the contact is formed arising in connection with the supply of Goods and/or Services or their use by you;
13.1.2 any losses which are not caused by any breach by us; and/or business or trade losses.
13.2 Our entire liability in connection with the Contract will not exceed the purchase price of the Goods to which the claim relates.
13.3 Nothing in this Contract shall limit our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors nor for any other matter which by law cannot be excluded.
13.4 We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third-party act or omission including failure of supply; failure by you to give us a correct delivery address or any failure by you to notify us of a change of address.
14. Retention of title
14.1 Notwithstanding delivery and the passing of risk in the products, title shall not pass to You until We have received payment in full for the products and all other goods or services agreed to be sold by Us to You for which payment is then due. Until such time as title passes, You shall hold the products as Our fiduciary agent and shall keep them separate from any other goods and not install them.
14.2 Once the goods have been delivered (in accordance with clause 7), You shall be responsible for the risk of loss or damage to the goods, notwithstanding that title may not have passed to You.
14.3 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order, become insolvent or go into liquidation, receivership or administration, have an administrator appointed, are wound up, or breach your payment obligations under this Agreement, then we may, as well as any other rights which we have under this Agreement or in law, immediately terminate the Agreement and or suspend or cancel further delivery.
The Contract Price shows the price with VAT if applicable.
16. Overseas Delivery
16.1 If you are resident in an EU country other than the United Kingdom, we will deliver the goods supplied under the Agreement to your nominated address. You will be responsible for any associated taxes, duties or similar.
16.2 If you are resident outside of the EU, We will deliver the goods to an appropriate port in the destination country unless we agree otherwise, the costs of which will be added to the Contract Price. You will be responsible for any taxes, duties and or conforming with any import regulations.
17.1 Clause headings are for convenience only and do not affect the interpretation of these conditions.
17.2 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
17.3 This contract constitutes the entire agreement between You and Us. This means that you must not rely on anything that has been said, promised or offered to you by anyone, including sales staff, contractors, installers or others.
17.4 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
18.1 No delay or failure of Us in exercising any right, power, or privilege under this Agreement shall affect that right, power, or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof, nor the exercise of any other right, power, or privilege available to Us. Our rights and of Lender under this Agreement are cumulative and are not exclusive of any other rights or remedies We may have.
19. Which laws apply to this contract and where you may bring legal proceedings if you are a business.If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
20. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.