Terms and Conditions
Simple Fencing general website terms and conditions
1. Terms of Website Use
3. Information About Us
Our site is operated by Simple Deco Ltd ("We"). We are registered in England and Wales under company number 11265172 and have our registered office at Brookfield Court, Selby Road, Leeds, LS25 1NB, England.
4. Accessing Our Site
5. Intellectual Property Rights
6. Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7. Accuracy of Information
Our site contains information relating to us and our subsidiaries. All information or advice provided as part of our site is correct at the time of inclusion but we make no representation or warranty as to the completeness, accuracy, currency or adequacy or suitability of that information. We are not liable for any action you may take as a result of relying on such information or advice nor for any loss or damage suffered by you as a result of you taking such action. The information included in our site has been compiled from a variety of sources and is subject to change without notice. We recommend that you print these Terms and Conditions and update your records from time to time.
8. Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
9. Availability of our Site
We cannot guarantee that our site will always be accessible due to the nature of the internet, as our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.
10. Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. Emails and Information sent to us
Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited, to their security or confidentiality). We do not, to the extent permitted by law, accept any liability as set out in Clause 9 above for any external compromise of any security and/or confidentiality in relation to transmissions sent by email.
12. Information About You and Your Visits to Our Site
13. Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
14. Username and Password
If you use our site you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have reason to believe that your password has become known to anyone else, or if the password is likely to be used in an unauthorised manner. Please ensure that the details provided to us are accurate and complete. Do inform us immediately of any changes to the information that you provided when registering. We reserve the right to refuse access to the site, and to terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order it will be without charge to you unless, due to your negligence, you have allowed unauthorised use of your username and password.
15. Linking to Our Site
You must not create links to any part of our site without our prior written permission. Linked web sites whether permitted or not do not have implied affiliation with our site. If we grant you permission to create links to any part of our site, the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
Subject to the provisions of clause 5, all information presented, unless specifically indicated otherwise is under copyright to us or our licensors. Information is freely available for downloading and browsing but may not be altered, transmitted, distributed, reproduced, duplicated, copied, or re-sold without our prior written consent.
17. Links from our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Jurisdiction and Applicable Law
Conditions of Sale
1. (A) In these conditions “the Company” means Simple Fencing, a trading division of Simple Deco Ltd, “the Customer” means the person, firm or company named on the Company’s Invoice and “the Goods” means the items to which the Company’s invoice relates.
(B) No contract for the sales and purchase of the Goods shall arise following the issue of a quotation by the Company and its acceptance by the Customer until such time as the Company shall confirm acceptance of the Customer’s order on its acknowledgement of order form.
2. Goods supplied by but not manufactured by the Company are sold subject to the conditions of sale imposed by the manufacturers and the Customer shall only be entitled to such benefits as the Company may receive under any guarantee given in respect thereof.
3. The description of goods in the leaflets, catalogues or other written matter shall not constitute a contract of sale of goods by description so as to impose the relevant clauses of the Sale of Goods Act 1979.
4. All implied conditions and warranties recognised by the custom of statute as to the quality or fitness of the goods for specific purpose are hereby expressly excluded from the Company’s contract.
5. The Company accepts no responsibility for non-delivery or delayed delivery of goods due to causes beyond its control, such as fires, strikes, government control or shortages of material, and any such delay shall not entitle the Customer to rescind his contract.
6. The Company will accept no claim for shortage of goods delivered unless notice is received within 48 hours of delivery.
7. All references to weights, dimensions or performances contained in catalogues, leaflets or other written matter are approximate only and shall not be taken to be an implied term of contract between the Company and the Customer.
8. The Company will in no circumstances accept liability for any consequential loss, or loss of profits or third party claims or detention or delay or expenses of any kind howsoever caused.
9. (A) Risks in the goods shall pass to the Customer immediately upon delivery of the goods and accordingly the Customer shall be responsible for all loss, damage or deterioration of the goods from and after that time.
(B) Property in the goods shall remain with the Company, which reserve the right to dispose of the goods, until payment in full for all of the goods has been received by it in accordance with the terms of the contract to which these conditions relate or such time as the Customer sells the goods to its customer by way of bona-fide sale at full market value. If such payment is overdue in whole or in part the Company may (without prejudice to any of its other rights) recover or re-sell the goods or any of them and may enter upon the Customers premises by its servants or agents to repossess the goods for those purposes. Payment shall be deemed to become due immediately upon the commencement of any act proceeding calling into question the Customer’s solvency or upon the appointment of any Administrator or an Administrative Receiver.
(C) If any goods are incorporated in or used in the manufacture of other items before such payment is received property in the whole of such other items shall remain with the Company until such payment has been made, or the other items have been sold as aforesaid, and all the Company’s rights hereunder in the goods shall extend to those other items.
(D) In the event of the Customer having disposed of the goods to a third party the Customer shall hold any proceeds arising on such disposal as trustee for the Company until the Customer has paid the Company for the goods.
(E) If any of the provisions of this condition 9 shall be found void but would be valid if some part of thereof were deleted such provisions shall apply with any deletion as may be necessary to make it valid and effective.
10. (A) Terms of payment are immediate, unless otherwise agreed by the Company in writing.
(B) The Company shall be entitled to suspend or cancel future deliveries under this or any contract between the parties hereto:
i) If any payment is overdue
ii) Upon the commencement of any act or procedure calling into question the Customer’s solvency
iii) Upon the appointment of an Administrator or Administrative Receiver
(C) Without prejudice to any of its rights the Company shall be entitled to charge the Customer interest on any overdue payment at the rate of 4% per annum above the base rate from the time of time in force of National Westminster Bank PLC (calculated with quarterly rests) from the date on which payment falls due until the date of payment both before and after judgement.
11. These conditions shall apply to all orders placed with the Company. Any stipulations or conditions in a Purchase Order Form which conflict with, qualify or negate any of these conditions shall only apply if expressly agreed in writing by the Company.
12. All prices shall be subject to increases in the event of increases in wages or raw materials and/or government regulations and/or other relevant increases which may occur before completion of any order.
13. The contract shall be constructed and operate in all respects as a contract made in England and in conformity with English Law.
14. The Company is constantly improving their product range and therefore reserve the right to amend colours, specification or products without prior notification. It is the Customer’s responsibility to ensure at all times that any samples used as a reference point are representative of current production standards. Please contact Customer Services who can advise of any changes of specification.
15. Delivery. (A) The Company will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
(B) If the Company receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
16. Returns Policy. The Company aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
(A) If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 days to arrange collection and return. The Company is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
(B) If any Goods you have purchased have faults when they are delivered to you, you should contact the Company within 7 days to arrange collection and return. The Company is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
(C) If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
(D) If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to the Company within 7 days and arrange collection and return. The Company is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
(E) You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to the Company within 7 days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason. This statutory right does not apply to goods that have been made to your specification.
(F) If you wish to return Goods to the Company for any of the above reasons, please contact us to make the appropriate arrangements.
(G) The Company reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
i) Any use or enjoyment that you may have already had out of the Goods;
ii) Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
iii) Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.