Terms and Conditions
TABLE OF CONTENTS
1. These terms
2. Information about us and how to contact us
3. Our contract with you
4. Our products
5. Our rights to make changes
6. Providing the products
7. Your rights to end the contract
8. How to end the contract with us (including if you have changed your mind)
9. Our rights to end the contract
10. If there is a problem with the product
11. Price and payment
12. Our responsibility for loss or damage suffered by you
13. How we may use your personal information
14. Other important terms
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services. These terms and conditions are for consumers, if you are a business please contact us so that we may provide our business terms and conditions to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Asgard Secure Steel Storage a trading division of Flexiform Business Furniture Limited (a company registered in England and Wales with company number 02542123 and the registered office is at 1392 Leeds Road, Bradford, West Yorkshire, BD3 7AE. Our registered VAT number is 607 2179 51).
2.2 How to contact us. You can contact us by telephoning our customer service team at 08456 580 730 or by writing to us using our live chat facility on our website or by email on email@example.com or by post to Asgard Secure Steel Storage, 1392 Leeds Road, Bradford, BD3 7AE.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we have received and accepted your order, verified your payment and sent you our confirmation in writing, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or because we are unable to deliver to the location you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to most of the UK. Our website is solely for the promotion of our products in the mainland UK. Unfortunately we cannot accept, honour or deliver orders from and to the Isle of Man, Isle of Wight, Northern Ireland or the Scottish Isles in the UK. We also do not accept orders from or deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 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. If you wish to see an accurate colour swatch, please contact Customer Services on firstname.lastname@example.org for a physical sample to be sent out. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 Product packaging. Due to their size and weight, our main products are loose loaded and are not packaged. Accessories are packaged in appropriate materials however are subject to change and may vary from that shown in images on our website.
4.3 Suitable size. It is your responsibility to ensure that the size of the product is suitable for your purposes. For example the number of bikes you can store in a secure bike storage product will vary depending on the size and style of bike used and the number of other items stored, reference to a number of bikes or similar that a product may house is for guidance only.
4.4 Planning Permission. It is your responsibility to make the necessary checks with your local authority with regards to any planning permission required for your area.
4.5 Demonstration products. Where we have supplied demonstration products, they remain the property of Asgard Secure Steel Storage and all Standard Terms and Conditions apply. Demonstration products will be collected as pre-arranged and we reserve the right to charge for the products if damage has occurred or the terms of the agreement to supply demonstration products have been breached.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements for example the material used or the substance used for coating a particular product; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to the product and these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products or services paid for but not received.
5.3 Delivery times. Goods will normally be available for delivery within the timescale set out in clause 6.2(a). If on receipt of your order it is clear or later becomes clear that the goods will not be available for delivery within this period, we will inform you as soon as possible of the estimated delay and new delivery date and offer you the option of reconfirming your order or cancelling your order.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website or as advised to you when you place your order.
6.2 When we will provide the products (goods and installation services). The anticipated delivery date will be displayed on your order confirmation and we will look to confirm a specific delivery date with you 2-3 weeks in advance. At extremely busy times, delivery can take in the region of 2-3 months, but we will always look to deliver as soon as reasonably possible and offer you the rights set out in clause 5.3 in the case of delays.
6.3 We are not responsible for delays outside our control. If our supply of the products or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If adequate site preparation has not been made, or the site is unsafe for delivery and/or installation of the product. If delivery and/or installation cannot take place due to an unsafe site or a site that is not prepared adequately, then we reserve the right to leave site without delivering and/or installing the product. If we arrive on site and find the base is not suitable, we will revert to delivery only and refund 25% of the installation cost. It is your responsibility to keep the goods safe and title passes at this point. Any revisits will be chargeable at the current applicable rate. Please note that all details regarding site preparation are included in the Installation section on our website www.asgardsss.co.uk
6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery you may arrange a safe place for us to leave the goods. We accept no responsibility for the safety of the goods once delivered to your specified safe place. You will become the owner of any goods you ordered and you will be responsible for the risk of loss of or damage to them once they have been delivered to you.
6.6 Standard delivery of product. We will only deliver goods to the safest and most secure place nearest to the roadside at the address on the order acknowledgement; should you require the goods to be moved or delivered to a different location you will be charged an appropriate amount to take account of the additional costs in taking the product to the alternative location.
6.7 If you do not take delivery. After a failed delivery to you, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.8 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
6.9 When you become responsible for the goods. Any goods will be your responsibility from the time we deliver the goods to the address you gave us.
6.10 When you own goods. You own the product, which is goods, once we have made delivery, or when payment has cleared, whichever is the latest.
6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address, telephone number and details of a safe place to leave the products. If so, this will have been stated during the order process or when confirming your delivery date. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You have rights to 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 and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed 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). If there is a problem with the product see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
(c) If you have just changed your mind about the product, see clauses 7.3 to 7.5 and clause 8. 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 will have to pay the costs of return of any goods. We will also charge you for any damage to any goods that you return that has not been caused by us.
7.2 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 (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clauses 5.2 and 5.3);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 6.3);
(d) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running where you have asked us in writing to perform the services during the cancellation period;
(b) any products which become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, installation)? If so, you have 14 days after the day we email you to confirm we accept your order. However, if we start the services during the cancellation period on your written request, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind and still pay us for any goods that you have purchased with the services.
(b) Have you bought goods (for example, a metal garden shed)? If so you have 14 days after the day you (or someone you nominate) receives the goods, Please note that if we have installed goods that you have bought from us and you still have the right to change your mind in respect of those goods you will be responsible for the costs of uninstallation of the goods and must return them in an undamaged state. If you wish for us to uninstall the goods our current installation fees are available on our website. You will be responsible for the goods until we collect or we commence uninstalling them, whichever is sooner.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 08456 580 730 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.
8.2 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 post them back to us at Asgard Secure Steel Storage, 1392 Leeds Road, Bradford, BD3 7AE or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 08456 580 730 or email us at firstname.lastname@example.org for to arrange collection. If you are exercising your right to change your mind you must send off the goods or make them available for collection within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) 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, 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
(c) in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return, this includes the costs of uninstallation where applicable.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you £150 to collect the goods.
8.5 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) we may reduce your refund of the price to reflect any reduction in the value of the goods, such as damage, if this has been caused by your handling of them. 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;
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer;
(c) where the product is a service, we will deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
(a) if the products are goods and we have not offered to collect them, your refund will be made within 14 days from 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 8.2;
(b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) 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, see clause 6.9 for more detail;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products 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. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 Warranty. A 10 year anti perforation warranty applies to some of our products and locks are covered by a 12 month warranty. Full details of our warranty coverage can be found on our website.
10.2 If products are being provided to you free of charge (for example as demonstration units for marketing purposes) you will not receive the benefit of any warranty coverage.
10.3 If a product develops a defect while under warranty, or you have any other complaint about the product, you should notify us by telephone to our customer service team at 08456 580 730 or by writing to us using our live chat facility on our website, by email at email@example.com or by post to Asgard Secure Steel Storage, 1392 Leeds Road, Bradford, BD3 7AE.
10.4 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 08456 580 730 or by writing to us using our live chat facility on our website, by email at firstname.lastname@example.org or by post to Asgard Secure Steel Storage, 1392 Leeds Road, Bradford, BD3 7AE.
10.5 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.6 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you collected them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 08456 580 730 or email us at email@example.com for a return label or to arrange collection.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or advised to you at that time. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 11.5 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 Special offers and promotions. We will occasionally run discount offers on products. These prices will be offered on a time limited basis and once an offer has expired the discount price will no longer be honoured.
11.4 Discount vouchers. Discount vouchers are time limited, once expired the voucher may no longer be redeemed.
11.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.6 When you must pay and how you must pay. Details of the payment methods we accept can be found on our website and in our current catalogue. You will be required to make payment at the time of placing the order.
11.7 If you pay via eCheque. If you choose to pay via eCheque please be aware that your goods will not be put into production until the cheque has cleared. This is usually 10 days from payment. This will extend the delivery time of your goods.
11.8 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable material loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is material, but we are not responsible for any loss or damage that is not foreseeable.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. Photographic evidence is required at the time of the damage.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 Break Ins and Vandalism. Our products are designed to be secure. However, in the event of a break in (successful or attempted), we accept no responsibility for the resulting loss or damage unless the products are faulty.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our www.asgardsss.co.uk/privacy-policy
13.1 We may use your data within the Facebook Business Tools platform and its services. The full terms and conditions regarding Facebook Business Tools can be found here: https://www.facebook.com/legal/terms/businesstools
14. OTHER IMPORTANT TERMS
14.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 2 weeks of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our warranty to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. For this to take effect you must inform us of the name and address of the new owner and date of transfer. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant item or property (which may include requiring the person who is looking to rely on the warranty producing a letter or chain of letters from the original purchaser and subsequent purchasers (where appropriate) transferring the benefit of the warranty to them).
14.3 Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. 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.