• Terms and Conditions – Loftomattic

Loftomattic Limited is a company registered in England and Wales. Registration No 10818202. Registered address, Hill House, 8 Warwick Road, Southam, Warwickshire, CV47 0HN, United Kingdom.

If you require information, assistance or have any complaints then please contact our Customer Services. Tel:01926 811822 Email: [email protected] or by mail: Customer Service, Loftomattic Installed, Hill House, 8 Warwick Road, Southam, Warwickshire, CV47 0HN, United Kingdom.

• Definitions

‘Company’ or ‘Vendor’ of ‘Seller’ means Loftomattic Installed Limited

‘Customer’ means customer of the Company, Vendor or Seller

‘Terms and conditions’ means these conditions of sale.

‘Contract’ means any contract entered into for the sale of goods by the Company to the customer.

‘Goods’ means any Goods the subject of any contract and shall include any part or parts of them and materials incorporated in them.

‘Courier’ the company person or persons with the object of delivering the Goods to the Customer.

• General

The sales contracts of Loftomattic, the Vendor or Seller, are incorporated in these terms and conditions except where these terms and conditions are modified by specific arrangement agreed in writing by all parties in the sales contract. Terms in the Purchase Order or Quotation which are not consistent with the specific arrangements shall have no effect

• The Sale of Goods

All orders are subject to availability and the means to deliver them in a timely manner. These terms and conditions apply to all orders, sales and their fulfilment.

The Terms and Conditions defined herewith represent all conditions of sale and fulfilment and without prior consent of the Company no other terms or conditions shall operate in any way to vary or alter the Terms and Conditions.

These Terms and Conditions shall apply to the exclusion of all other conditions unless permissible by agreement or law

Acceptance of Goods or Services by the Customer is conclusive that these Terms and Conditions apply

The Customer is advised to check on any variations to the Terms and Conditions prior to placing an Order

• Publications

Published product brochures, catalogues, specifications, price lists and any advertising media published by the Company are presented only to be indicative of the general nature of the goods available. Nothing contained in any such publications, media or other matter shall be or be deemed to be a representation by the Company or a condition or warranty affecting any goods sold.

• Surveys

The Company carries out Surveys with the Customer wherever necessary to select the correct product and to ensure the product is installed to the customers full satisfaction.

In all instances where the customer undertakes their own survey the Company will not be liable for any replacement, reimbursement, consequential losses, costs or damages due to any errors in the Customer’s survey or any errors in the Customer’s transfer of data from the survey to the Company whereby the wrong Goods or Services are ordered by and supplied to the Customer

• Our Contract with the Customer, for the supply of Goods and or Services

It is the Companies policy to deliver Goods and Services to give customer fulfilment and satisfaction. Before placing and confirming any order, please check the details on your Order and ensure you read and fully understand these Terms and Conditions. Contact us to resolve any issues or concerns.

When you submit an order to us, it does not mean we must accept the order for the supply of Goods or Services. Our acceptance of the order is when we issue documented acceptance of an order in writing or by email. If we are not able to fulfil the Order we will notify you and we will not process the order.

Any terms stated on the Order, that conflict with these Terms and Conditions, will take priority

The Company will issue an order number to any Order and this reference must be quoted in all correspondence relating to the Order and its fulfilment

• Prices

The price of our Goods and Services are published by various means and the prices can be subject to change. The Order confirms the agreed price for the agreed Goods and Services. Any price changes will not affect already confirmed Orders

VAT is charged on all our Goods and Services

• Delivery dates

The Company takes every opportunity to deliver on time but events beyond our control can from time to time cause delay to the delivery of our Goods and Services. In this event the Company will take all means possible to avoid further delay and inconvenience.

The Company will not accept liability for costs and claims due to delays caused by third parties or adverse environmental conditions

• Quotations

Quotations are valid for 30 days from the date of issue

The Quotation exclusively describes the product and or service deliverables

• Order and Order acceptance

All orders are accepted on the information that you supply. It is your responsibility as the customer to ensure all information supplied is correct, accurate to and fulfils your needs for the order

The Company cannot accept responsibility for any product or service that is ordered or specified incorrectly nor can we restock products and once delivered and or installed

The Company has the right to decline any Order. The Orders are accepted with the customer having read, understood and accepted these Terms and Conditions

All prices on our website, leaflets and promotional material are in pounds sterling and include VAT @ 20%.

The Company reserves the right to change the advertised price before you place an order.

No charge is made to the Customer for Credit or Debit Card payments.

The price payable for the goods and or services you order is as set out in the Order and confirmed by acceptance of the Customers Order

Whilst every effort is made to advise the Customer as to the size, nature, structural integrity and access to installing and using the product, no responsibility is taken by the Company if measurements and information given by the Customer is inaccurate, non-specific or incomplete.

Quotations are not offers and may be withdrawn or revised at any time before acceptance of an order by the Company.

• Change in the Order – Terms and Conditions

Due to changes in trading, payment processing, statutory laws, regulations and safety directives it may be necessary to revise the Terms and Conditions

• Payment and Terms of Payment, Deposits

For the supply of Goods only payment must be made in full along with placement of the Order

Accepted methods of payment are Debit Card, Credit Card, Bank Transfer, and Cheque

If the Customer has dispute with the invoice they must contact us immediately they receive the invoice and inform us of their dispute.

The Goods once delivered and or installed are held at the Buyers risk. Regardless that the Goods have been delivered title to the Goods is not transferred until the Good and or Services have been paid for in full.

• Delivery and Transfer of Title

 

Delivery of an Order is completed when the Company has delivered the goods and the goods have been received and signed for by the Customer or Agent acting for the Customer

Delivery dates and delivery charges may vary from time to time

An estimated delivery date and a fixed delivery charge is confirmed with the Order

On the Company’s receipt of full payment and completion of delivery the Customer is responsible for the goods

 

Any claims for goods damaged when being delivered by the Company’s appointed courier must made within 24 hours and confirmed in writing stating what the Goods are, the damage or defects found, and what may have caused the damage. The claim must be supported by photographic evidence.

Any claims for faults or discrepancies for any Goods delivered must be made to the Company in writing within 3 days of receiving delivery and where relevant backed up by photographic evidence or return of the Goods

Title to the Goods only passes to the Customer as Purchaser from the date when payment to the Company as Seller has been made in full. Until such time the Goods remain the property of the Seller and the Purchaser will keep them secure and in good order and the Seller shall be entitled to repossess the Goods at its discretion and at any time prior to payment in full. The Purchaser hereby grants the Seller or their appointed agents a licence to enter the premises for the purpose of repossessing the Goods. The repossession of the Goods does not affect the existing contract between the Seller and Purchaser.

In the event goods are sold by the Purchaser to third parties before title has passed the Purchasers will be acting as an agent for the Seller an all revenues received from these sales will be held in trust by the Purchaser for the Seller until payment is received by the Seller in full.

In the event title in any goods has not passed to the Purchaser, the Seller shall be entitled to sue the Purchaser for the price of such goods if not paid on the due date.

• Supply and Installation

If when ordering goods or services from us you, the Customer, provide us with information, detail and measurements for the product or the installation of the product and if this data is subsequently found to be wrong then the Customer will be responsible for the additional costs unless the need for such replacement is the error of the Seller in advising as to the suitability of the goods or services

In the event the customer requires any additions or changes to the product as described in the Order then full details of the additional requirements must be given to the Company who will submit a further Quotation to the Customer.

• Works and Extraneous factors on installation

The products incorporate adjustment to accommodate irregularities in the loft hatch or opening due to the existing structure, material and dimensional and out of square irregularities of the timbers forming the hatch or opening.

Installations with severe irregularities to the fabric of the loft hatch or opening will need to be improved by the customer to ensure correct fitting and adjustment of the Goods.

The structure to which the goods are attached is subject to possible movement over long periods of time and the loft hatch may change in shape and size. The Company recommend the installed goods and the structure to which they are mounted are checked on a regular basis.

• Cancellations

Orders frequently include the Customers purchase of ‘next day delivery’. Any Order submitted to the Company by whatever means such as online, verbal, telephone, email or text takes immediate effect.

If a Customer wishes to cancel an Order the Company will use its best endeavours to assist the Customer in cancelling the order. The Customer will liable for any costs in retrieving the goods and reinstating them to the condition as Ordered and Delivered.

The Customer will be reimbursed the full amount of the Order less the cost of retrieval and reconditioning.

Every effort is made with the Customer to survey the loft hatch or opening and specifying the correct product for that opening. However, should any error be made in carrying out the survey that subsequently renders the installation of the Goods unrealisable the Company will not accept any liability for any consequential loss whatsoever.  

The Company may cancel the Order at any time with immediate effect, by written notice, if the Customer has not paid as contracted with the Company

• Faulty Goods

The Company will not accept liability for loss or damages unless the Customer provides evidence that:

The consignment was signed for as damaged on receipt

It was not possible or reasonable for the Customer to make the claim within the time set herewith

The claim was made at the first reasonable opportunity           

The Company will not make any reimbursement to the Customer for damage or loss unless the goods and the original packaging are made available to the company for inspection for a reasonable period after the claim has been made.

As a consumer, you have legal rights the Purchase of Goods that are faulty or not as described.

Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

• Returns and Refunds

The Company only refunds goods that are confirmed to be faulty and a replacement is not available.

Returned goods will be accepted if returned within 7 days in the original packaging, unused and with instruction manuals and returned within 5 working days after delivery.

The goods must not have been installed or dismantled

Customers must provide proof of delivery and receipt of returned goods.

Refunds will be by cheque or if you paid by credit or debit card, credited directly to the same debit or credit card that you used when placing your order. All refunds will be made within 28 days of receipt of the returned order.

Where applicable postal or carriage charges are not refunded in the event of a customer returning goods and are the responsibility of the Customer.

 

• Events outside the control of the Company

The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an ‘an event outside our control’

An ‘event outside our control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If such an ‘event’ takes place that affects the performance of the Company’s obligations under these Terms and Conditions the Company:

Will contact you as soon as reasonably possible to notify you of such an ‘event’

The Company’s obligations under these Terms and Conditions will be suspended and the time for performance of any Order or obligations will be extended for the duration of the ‘event’.

Where the ‘event’ affects the delivery of goods to the Customer, the company will arrange a new delivery date after the ‘event’ is over.

Where the ‘event’ affects the Company’s delivery of Services to the Customer, the Company will continue provision of the Services as soon as reasonably possible after the ‘event’ is over.

The Customer may cancel the contract if an ‘event’ takes place and no longer wish the Company to provide the Goods and or Services.

The Company will only cancel the contract if the ‘event’ continues for longer than is reasonable.

• Warranty and Guarantees – Product and Services

All goods and services supplied by the Company are guaranteed against defective workmanship or materials for 2 years subject to normal use and good maintenance.

Any warranty may become void if any product is not installed, used and maintained in accordance with the Company’s instructions and notices

In the event of a warranty claim becoming necessary contact the Company to enable your claim to be processed without delay providing this information.

Your name, address, contact telephone number and email if available

The original invoice and date of purchase

The product model and unique reference number

Details of the Claim

For installed goods, the Company will arrange an inspection, ascertain the fault lies within the installation or the goods

The Company will inspect the goods and either repair or replace any faulty parts.

Any faults in the installation will be repaired on site

To claim under the terms of any warranty the customer must notify the Company of the fault in writing including the original invoice and order number.

Replacements will be granted on a supply only basis and is at the discretion of the manufacturer. 

 

• Limit of liability

In failing to comply with these Terms and Conditions the Company is only responsible for loss or damage the Customer suffers that is a foreseeable or negligence, but the Company is not responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by the Customer and the Company at the time both entered into the contract.

The Company does not exclude or limit in any way liability for:

(a) death or personal injury caused by the Company’s negligence or the negligence of our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms of the Sale of Goods Act

(d) defective products under the Consumer Protection Act

• Use of personal data

The Company will use the personal information you provide to us to:

provide the Goods and or Services

process your payment for such Goods and or Services; and

inform you about similar products or services that the Company provide, but you may stop receiving these at any time by notifying us.

The Customer agrees that the Company may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

The Company will not give your personal data to any other third party.

• Force Majeure

In the event of any act of God, outbreak of war either general or local, riot or other civil commotion, strike lock-out or act or decree of any government or any other matter or thing beyond reasonable control of the Seller, the Seller:

Shall not be liable for any injury or damage of any kind thereby caused or resulting therefrom; and

May at the sole discretion of the Seller withdraw wholly or in part from the contract without any liability whatsoever. The construction validity and performance of this contract shall be governed by the laws of England and all disputes which may arise under out of or connected with or in relation to this contract shall be subject to the jurisdiction of the courts of England.

• Law

These Terms are governed by English law. The Company and the Customer both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.