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Terms & Conditions of Sale
GENERAL
The Pot Company is the trading name of The Pot Company (UK) Ltd (herein referred to as ‘The Company’. ‘The Customer’ as described herein is the person, company or organisation purchasing goods or services from ‘The Company’. Any order placed by ‘The Customer’ whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both ‘The Customer’ and ‘The Company’.
1. RETENTION OF TITLE/OWNERSHIP
1.1 Legal ownership of any goods supplied shall remain vested to ‘The Company’, until such time that full payment of order/invoice monies has been received from ‘The Customer’.
1.2 Should the ‘The Customer’ obtain goods without making full payment, unless otherwise agreed, ‘The Customer’ accepts that ‘The Company’ retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the ‘The Customer’ grants ‘The Company’ unrestricted access to reclaim the goods. The saleable condition of the goods prior to any reclaim is the sole responsibility of ‘The Customer’.
2. PRICES
2.1 All pricing as shown upon ‘The Company’ literature and web site are shown in (£) Pounds Sterling.
2.2 Pricing shown upon ‘The Company’ literature and the web site are shown as either inclusive or exclusive of the current prevailing rate of Value Added Tax (VAT) and will be stated as such. ‘The Company’ VAT number is 153987371.
2.3 All pricing as shown upon any branded literature provided, i.e; manufacturer brochures, is provided for information only and does not form part of a sale.
2.4 All goods as priced, shall be supplied at a pallet or parcel delivery cost when delivered to addresses in mainland locations throughout England, Wales and Scotland.
2.5 Our ‘free delivery’ pricing only applies to orders as stated in our delivery charges and to mainland UK locations.
2.6 For orders where 2.5 applies, ‘The Company’ shall notify ‘The Customer’ of; (a) whether their location is serviceable, and (b) any extra delivery or service charges.
2.7 Should ‘The Customer’ accept our revised service and pricing offered under 2.6 the order shall be revised and proceed. If declined, ‘The Company’ will cancel ‘The Customers’ order and refund all order monies received.
2.8 ‘The Company’ pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
2.9 Prices stated on quotations issued by ‘The Company’ are only valid for 45 days from the date shown on the quotation.
3. PAYMENT
3.1 ‘The Company’ standard payment terms are full payment with order, unless credit terms have been agreed.
3.2 Payments are only accepted in (£) Pounds Sterling. Payments are only accepted by the following means; company cheque or bankers cheque (made payable to ‘The Pot Company’), BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron.
3.3 Unless otherwise agreed, goods shall not be released until clearance of funds into ‘The Company’ bank account.
3.4 Where credit terms apply, having been agreed in writing by ‘The Company’, invoices must be paid in full by ‘The Customer’ within the agreed credit term.
3.5 ‘The Company’ reserves the right to charge interest at a rate of two percent above the National Westminster Bank base rate from the date that the invoice is due for payment until the date on which such payments are actually received by ‘The Company’. In the case of any default in payment ‘The Customer’ shall give ‘The Company’ every assistance in the repossession of the goods in respect of which payment has not been made.
3.6 ‘The Company’ reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of an order.
4. DELIVERY
4.1 ‘The Company’ shall aim to fulfil all orders at the earliest opportunity however, any time scales stated by ‘The Company’ will be an estimate only.
4.2 Delivery periods are provided in working days (i.e; 20 working days = 4 weeks), to account for the incidence of public holidays and that transport couriers typically operate weekdays only.
4.3 Deliveries are made weekdays only, typically during the hours of 7.00am to 7.00pm, however this can vary depending on the delivery method. ‘The Company’ will endeavour to give approximate delivery dates and times, however these can only be used as an estimate and ‘The Company’ can take no responsibility for failure of delivery during estimated times.
4.4 The party delivering on behalf of ‘The Company’ shall be instructed to contact ‘The Customer’ to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.
4.5 Product delivery (supply only) shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they decide to transit the goods to an alternative point on the property of ‘The Customer’.
4.6 As ‘The Company’ cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.
4.7 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order (as section 19 of the Distance Selling Regulations) ‘The Customer’ can cancel their order without penalty.
4.8 It is the responsibility of the ‘The Customer’ to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from ‘The Customer’ at cost.
4.9 It is the responsibility of ‘The Customer’ to notify any access concerns to ‘The Company’ at point of order.
4.10 In the interests of Health & Safety for ‘The Company’ employees or contractors, on delivery our bulky products shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level.
4.11 All delivered goods have to be signed for (POD) by the ‘The Customer’ or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to ‘The Customer’.
4.12 If ‘The Customer’ cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must be sent to sales@thepotco.com.
4.13 ‘The Company’ will not bear any abortive costs arising from ‘The Customer’ due to a failed delivery.
4.14 'The Customer' must ensure the delivery contact name & number provided are correct. Palletways offer a booking in service and access issues can be confirmed at this point if they have not already been disclosed to ‘The Company’ when making the order; failure to do so could cause your delivery to be aborted and returned to the delivering depot for re-delivery. If 'The Customer' requests delivery on a specific date, it is the responsibility of ‘The Customer’ to ensure there is someone to receive the order on the pre-arranged date. Re-deliveries are subject to re-delivery charges.
4.15 ‘The Customer’ is solely responsible for any re-delivery charges where ‘The Company’ is not at fault. For pallet courier (Palletways) re-deliveries the charge is £25 ex.VAT per pallet. For orders delivered by 'The Company', the charge may be the same as the original delivery fee paid -this will be agreed when arranging the re-delivery with ‘The Company’. All applicable re-delivery charges will need to have been paid before the order will be released for despatch/re-delivery; failure to do so will delay your re-delivery.
4.16 Should a ‘premium delivery service’ fail to occur on the expected date ‘The Company’ shall reimburse the cost of the ‘premium delivery charge’. Reimbursement will be limited to the ‘premium delivery service’ fee paid by ‘The Customer’ at the time of ordering.
4.17 It is the duty of ‘The Customer’ to make themselves available to be contacted prior to delivery. Should ‘The Company’ or its chosen agent is unable to contact ‘The Customer’ the delivery of the order will be adversely affected.
4.18 ‘The Company’ is not liable for delivery delays or failures caused by factors outside of ‘The Company’ control including “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness.
5. SHORTAGES/DAMAGE
5.1 It is the responsibility of ‘The Customer’ to thoroughly inspect the goods at the time of delivery and only sign for the delivery if goods are delivered in good condition. Deliveries must be signed for as DAMAGED by ‘The Customer’ if necessary and only goods that are signed for as DAMAGED on a POD can be claimed for.
5.2 Shortage or damage should be reported within 24 hours with detail, either in writing to ‘The Company’ address, by email to sales@thepotco.com or by telephone on 01892 890 353.
6. RETURN (CANCELLATION)
6.1 All goods are newly manufactured for sale or to order, as described upon ‘The Company’ literature and web site.
6.2 A return or cancellation of supply only goods can be instructed up to 28 working days after the date of delivery.
6.3 ‘The Customer’ has no right to cancel at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences.
6.4 A return or cancellation should be made in a durable means as defined by part 10 of the Distance Selling Regulations being; either in writing to ‘The Company’ address, by email to sales@thepotco.com.
6.5 It is the responsibility of ‘The Customer’ to meet all product return costs, either by their own arrangement or at the direct cost levied to ‘The Company’. Stated, to comply with section 7, part 2aii of the Distance Selling Regulations.
6.6 It is the responsibility of ‘The Customer’ to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of ‘The Company’.
6.7 All return costs sought by ‘The Company’ shall be deducted from the order monies held, thus any refund to ‘The Customer’ shall be passed less this return charge.
6.8 Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £45 for a pallet.
6.9 Where ‘The Customer’ instructs ‘The Company’ to undertake a collection and return, ‘The Company’ shall notify ‘The Customer’ of the return charge in writing (by email) prior to undertaking the process.
6.10 ‘The Company’ will not profit from any return charges received from ‘The Customer’. A return charge will always equate to the cost ‘The Company’ expended.
6.11 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 6.6 to 6.11, shall be made in a period not exceeding 30 days, as Section 13, part 3 of the Distance Selling Regulations.
6.12 Statute states that a product should be returned in its original condition, thus fit for re-sale as new.
7. REJECTED GOODS (CANCELLATION)
7.1 Should ‘The Customer’ wish to reject their goods through fault or damage, this must be undertaken within 12 hours after the receipt of delivery, as defined by section 11, part 2 of the Distance Selling Regulations.
7.2 ‘The Customer’ should notify ‘The Company’ of their rejection of the goods by durable means as defined by part 10 of the Distance Selling Regulations; either in writing to ‘The Company’ address, by email to sales@thepotco.com.
7.3 ‘The Customer’ has no right to reject at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences. In this case section 6. Shortages / Damage would apply.
7.4 It is the responsibility of ‘The Customer’ to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; ‘The Company’, the manufacturer or a carrier appointed by either.
7.5 For justified rejection, ‘The Company’ shall bear all return costs, being the limit of liability for a rejection.
7.6 If on return the product is found to be sound, complete and as described for sale, or if the product is found to have been abused or damaged, the return charge process will apply and be deducted from the order monies held.
8. COMPLAINT
8.1 In the event of any complaint or grievance, ‘The Customer’ should initially make contact by telephone on 01892 890353, followed by a formal email complaint to sales@thepotco.com or letter to ‘The Company’ address.
8.2 For efficient handling, ‘The Customer’ should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.
8.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a “Second Request” for the attention of The Manager.
8.4 'The Company' cannot be held responsible for any incidental/remedial costs incurred from a complaint being addressed, for example: work carried out by a contractor to assess or replace a faulty item or component. All additional costs are the sole responsibility of 'The Customer'.
8.5 It is the intention of ‘The Company’ to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.
9. PRIVACY
9.1 ‘The Company’ is committed to protect and respect customer privacy and will only use the information collected in a lawful manner (in accordance with the Data Protection Act 1998).
9.2 Any personal details given by ‘The Customer’ shall not be passed or made available to any other company, organization or third party with the exception of 9.4.
9.3 To enable ‘The Company’ to efficiently fulfil an order, ‘The Customer’ contact name, telephone number and address shall be passed to third party delivery companies to enable direct delivery and communication.
9.4 ‘The Company’ shall only use ‘The Customer’ telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.
9.5 ‘The Company’ will not pass to any third party the details of the subscribers of ‘The Company’ email newsletter.
9.6 Subscribers of ‘The Company’ email newsletter retain the right to be removed from our database at any time by selecting the ‘unsubscribe’ function at the base of any newsletter received.
11. MISCELLANEOUS
11.1 It is the responsibility of ‘The Customer’ to take reasonable care during the assembly and use of the product(s). ‘The Company’ shall not be held liable for any damage or personal injury caused by misadventure, negligence or misuse of the product(s).
11.2 Many of our products are hand crafted meaning that no two instances are the same. As such, only use the photos provided as a guide to likely colour and texture. The dimensions provided are a guide: allow a margin of difference of around 10% on all products and 20% on products made of natural materials. If you require a product with very specific measurements then please contact us to discuss before ordering.
