LUX BESPOKE DOORS TERMS AND CONDITIONS

These terms:

1.1 What these terms cover. These are the terms and conditions on which we supply goods 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 the goods to you, 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.

1.3 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:

(a) You are an individual.

(b) 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).

Any areas within these terms that apply to consumers only are clearly identified.

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

1.5 Nothing in these terms will affect a consumer’s legal rights. Where you are a consumer, nothing in these terms shall affect your legal rights.

2. Information about us and how to contact us

2.1 Who we are. We are Lux Bespoke Doors Ltd, a company registered in England and Wales. Our company registration number is 12466344 and our registered office is at 7 Bell Yard, London, England WC2A 2JR.

2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 861 1580 or by writing to us at [email protected] or Waverley house, 115-119 Holdenhurst road, Bournemouth BH8 8DY.

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 when placing your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails but excludes faxes.

3. Our contract with you

3.1 Placing an order. Please follow the onscreen prompts on our website to submit an order request. Following the submission of an order request, a member of our customer services team will then contact you to discuss and provide a full quotation for the order. During this process, if you are happy to proceed, you will be asked for confirmation that you would like to proceed and place the order.

3.2 How we will accept your order. Our acceptance of your order will not take place until we have emailed to you a written order confirmation, at which point a contract will come into existence between you and us. This order confirmation will set out details of the goods ordered, confirmation of the total price payable for the goods, an estimated lead time for delivery of the goods together with the details of any delivery charges and the amount of deposit required in order for the goods to begin production.

3.3 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 goods.

3.4 Your order number. We will assign an order number to your order and this will be stated on the order confirmation. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our goods

4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours, finishes and other characteristics of the goods accurately, we cannot guarantee that a device’s display of the colours, finishes and other characteristics accurately reflect those of the goods. Your goods may vary slightly from those images.

4.2 Making sure your measurements are accurate. As all of our goods are bespoke, made to measure goods in colours, finishes and with the characteristics that you have selected from our website, it is extremely important that you ensure (and it is your sole responsibility to ensure) that the measurements you provide together with details of the colours, finishes and characteristics for each of the goods ordered as set out on the order confirmation are correct. We accept and shall have no liability to you for any errors you make in the measurements you submit to us and/or where the goods provided match the colours, finishes and characteristics set out on the order confirmation but are not what you intended to order.

5. Changes to the goods

5.1 Your ability to make changes before paying deposit. If you wish to request a change to the goods you have ordered, you will only be able to do so by submitting a written request to us prior to paying the deposit in accordance with clause 10.3(a). If it is possible for changes to be made, we will confirm in writing any change to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If it is not possible to make the change(s) requested, we will confirm in writing and you shall then have the right to cancel the contract or proceed with the contract without the requested change(s).

5.2 No cancellation of the contact can be made after deposit has been paid. Due to the bespoke, made to measure nature of the goods, once your deposit has been paid and we have commenced the manufacturing process, you will not be able to make substantial changes to the goods or cancel the contract with us, without first obtaining our prior written consent. In the event that you wish to make changes to the goods, you must submit a written request to us and where it is possible to make the changes, we will confirm in writing confirmation of the changes and also any additional charges that may apply as a result of the changes that are being made. If it is not possible to make the change(s) requested, we will confirm in writing and the manufacturing process and contract will continue unaltered. For the avoidance of doubt, our inability to make changes to an order after the deposit has been paid will not entitle you to any rights to cancel the contract.

5.3 Our rights to make changes to the goods. We may change the goods at any time:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.

5.4 Our obligation to notify you of significant changes. If we need to make significant changes to the goods to the extent that your use and/or the material appearance of the goods will change, we will inform you in writing.

6. Providing the goods

6.1 Delivery. Where delivery of the goods is part of the contract, any costs of such delivery will be confirmed within the order confirmation. Where the contract does not include delivery, this will be stated within the order confirmation.

6.2 When we will deliver the goods. An estimated lead time for delivery of the goods to you will be stated within the order confirmation, however time shall not be of the essence and we shall not be liable for any delays where delivery does not take place on or before the date stated. You should note that we shall not start to manufacture the goods until the deposit has been paid in accordance with clause 10.3(a) and therefore failure to pay the deposit by the due date for payment could lead to a delay in the goods being delivered to you. Once the goods have been manufactured and are capable of being delivered, we shall contact you to arrange a specific date and time for delivery and for the balance of the purchase price for the goods to be paid. Delivery of the goods shall only take place where the balance of the purchase price is paid on or before the date specified in clause 10.3(b).

6.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside of our control, we shall not be liable to you in any way whatsoever.

6.4 Failure to take delivery or make payment. We shall be entitled to charge you storage costs and any further costs incurred in arranging redelivery (as applicable) and/or we may bring the contract to an end in accordance with clause 8.1 if:

(a) no one is available at your address to take delivery of the goods on the date arrange with you in accordance with clause 6.2;

(b) you fail to confirm a suitable date for delivery within 5 calendar days of us contacting you in accordance with clause 6.2; and/or

(c) if we delay delivery of the goods as a result of you failing to pay the balance of the purchase price for the goods on or before the date specified in clause 10.3(b).

6.5 When you become responsible for the goods. The goods will be your responsibility and risk in the goods will pass to you when we make the goods available for collection by your courier (where delivery is not included in the contract) or where we or our courier make the goods available for offloading at the delivery address (where delivery is included in the contract).

6.6 When you own goods. You own the goods once we have received payment in full.

6.7 Issues with the goods following delivery. The goods shall be deemed to have been received in good order and shall be deemed accepted by you unless, in the case of a defect that is apparent on normal visual inspection, you provide us with notice in writing within 2 working days of the date of delivery. In the case of a latent defect, the provisions of clause 9.3 shall apply.

6.8 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 goods to you. We will contact you in writing or by telephone to ask for this information. 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 make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result and/or we may bring the contract to an end in accordance with clause 8.1. We will not be responsible for supplying the goods 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 or failure by you to pay the balance of the purchase price for the goods on or before the date specified in clause 6.2.

7. Your rights to end the contract

7.1 You may be able to end your contract with us. Whether or not you have the right to end the contract with us 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.

7.2 How we will refund you. If you are legally entitled to end the contract with us and in circumstances where a refund is due, we will refund you the price you paid for the goods by the method you used for payment. However, we may make deductions from the price, as described below. We will endeavour to make any refunds due to you within 14 calendar days of the cancellation of the contract.

7.3 No right to change your mind. If you are a consumer you may be used to purchasing goods or services that have the benefit of a statutory 14 day cooling off period within which you are able to change your mind and cancel your contract with the supplier. Unfortunately, due to the bespoke, made to measure nature of the goods, this statutory right will not apply and you will not be able to change your mind and/or cancel your contract after you have paid the deposit in accordance with clause 10.3(a).

8. Our rights to end the contract

8.1 We may end the contract if you break it. We may end the contract for the supply of goods at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 calendar days of us reminding you that payment 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 goods;

(c) you do not, within a reasonable time, allow us to deliver the goods to you.

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1, we shall be entitled to retain the deposit you have paid to us as reasonable compensation for the costs we will incur as a result of your breaking the contract.

9. If there is a problem with the goods

9.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us as soon as possible. You can contact our customer service team by using the contact details contained at clause 2.2.

9.2 Our warranty for the goods. We hereby warranty that our goods shall

(a) be fit for any purpose that we have held out on our order confirmation;

(b) be free from defects in design, material and workmanship and remain so for 12 months after the date of delivery; and

(c) meet any specification explicitly set out on the order confirmation, including but not limited to:

(i) door sets manufactured to a field of application against BS476: Part 22 1987 with third party certification;

(ii) door sets supplied against supportive evidence to PAS 24;

(iii) door sets with bulletproof properties; or

(iv) door sets with acoustic properties.

9.3 Process for warranty claims. Subject to clause 9.4, if:

(a) you give us notice in writing during the warranty period set out in clause 9.2 within a reasonable time of discovery that goods do not comply with the warranty set out in clause 9.2; and

(b) we are given a reasonable opportunity of examining the defective goods; we shall, at our option, repair or replace the defective product, or refund the price of the defective goods in full.

9.4 Limitation to our liability under warranty at clause 9.2. We shall not be liable for any goods failure to comply with the warranty set out in clause 9.2 where:

(a) you use or continue to make use of the goods after giving notice to us in accordance with clause 9.3;

(b) the defect arises because you failed to follow our oral or written instructions for the storage, commissioning, installation, use and maintenance of the goods or good trade practice regarding the same, including but not limited to failure to follow the maintenance & check guides provided to you with the goods at the time of delivery;

(c) the defect arises as a result of us following any design, measurements or other specific instructions provided by you to us at the point of ordering or in the course of making changes to the order in accordance with clause 5.1;

(d) you alter or repair, or attempt to alter or repair, the goods without our prior written consent;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions; or

(f) the goods differ from their description as a result of changes made to ensure that they comply with applicable statutory or regulatory requirements and any specification explicitly set out on the order confirmation.

10. Price and payment

10.1 Where to find the price for the goods. The total price of the goods will be communicated to you by one of our customer service representatives at the time they contact you in accordance with clause 3.2 and will also be stated on the order confirmation.

10.2 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

10.3 When you must pay and how you must pay. Payment for the goods will take place in two stages as follows:

(a) Deposit – At the same time or shortly after receipt of an order confirmation, we will send to you an invoice for the full amount of the deposit payable in connection with your order (as set out in the order confirmation). This invoice shall be payable by you in full within 5 calendar days of receipt and payment of the invoice is an acceptance by you of all of the provisions of these terms, including but not limited to the provisions of clauses 5.2 and 7.4.

(b) Balance – At the same time or shortly after we contact you in accordance with clause 6.2, we will send to you an invoice for the balance of the price payable in connection with the order (being the price set out on the order confirmation less the deposit paid in accordance with clause 10.3(a). This invoice shall be payable by you in full within 5 calendar days of receipt and you should note that failure to make payment on or before this date may lead to the delivery of the goods being delayed as set out in clause 6.4.

10.4 We can charge interest if you pay late. If you do not make any payment to us within the period set out in clause 10.3, we may charge interest to you on the overdue amount:

(a) where you are a consumer, at the rate of 3% a year above the base lending rate of [BANK] from time to time; or

(b) where you are a business customer, at the rate of 8% a year above the base lending rate of [BANK] from time to time.

Any interest pursuant to this clause 10 shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.5 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. Our responsibility for loss or damage suffered by you if you are a consumer

11.1 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 legal rights of individual consumers in relation to the goods and for defective products under the Consumer Protection Act 1987.

11.2 We are not liable for business losses. If you use the goods 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. Our responsibility for loss or damage suffered by you if you are a business

12.1 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d) defective products under the Consumer Protection Act 1987.

12.2 Except to the extent expressly stated in clause 9.2, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

12.3 Subject to clause 12.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price of the goods contained in the order pursuant to which the liability has arisen.

13. How we may use your personal information

13.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy accessed here.

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 always tell you in writing if this happens.

14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). 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 guarantee at clause 10.2 to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6 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.

14.7 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.