Terms & Conditions

BUSINESS TO CONSUMER – ON PREMISES - SUPPLY OF GOODS


AAC WESTON LTD UNIT ONE POTTERY CLOSE WESTON SUPER MARE SOMERSET BS23 3YH
OUR TERMS:



1. THESE TERMS:


1.1 These are the terms and conditions on which we supply products to you.
1.2 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 or require any changes, please contact us to discuss.



2. INFORMATION ABOUT US AND HOW TO CONTACT US


2.1 We are a company registered in England and Wales. Our company registration number is
05042945 and our registered office is at unit One Pottery Close Weston Super Mare Somerset
BS23 3YH. Our registered VAT number is GB 130799361
2.2 You can contact us by telephoning our customer service team at 01934 622960 or by writing
to us at [email protected].
2.3 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 When we use the words "writing" or "written" in these terms, this includes emails.



3. OUR CONTRACT WITH YOU


3.1 Our acceptance of your order will take place when we tell you that we are able to provide you
with the product at which point a contract will come into existence between you and us.
3.2 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 we have identified an
error in the price or description of the product or because we are unable to meet a delivery
deadline you have specified.
3.3 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.



4. OUR PRODUCTS


4.1 The images of the products in our brochure OR 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 or the printed pictures in our brochure
accurately reflects the colour of the products. Your product may vary slightly from those
images.
4.2 If we are making the product to measurements, you have given us you are responsible for
ensuring that these measurements are correct. You can find information and tips on how to
measure in our brochure or on our website, or by contacting us.



5. YOUR RIGHTS TO MAKE CHANGES


If you wish to make a change to the product you have ordered please contact us. We will let
you know if the change is possible. If it is possible, we will let you know about any changes to
the price of the product, the timing for delivery 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.



6. OUR RIGHTS TO MAKE CHANGES


6.1 We may change the product to reflect changes in relevant laws and regulatory requirements
and to implement minor technical adjustments and improvements. These changes will not
affect your use of the product.
6.2 In addition, we may make changes to these terms or the product, but if we do so we will
notify you and you may then contact us to end the contract and receive a full refund before
the changes take effect.



7. PROVIDING THE PRODUCTS


7.1 The costs of delivery will be as told to you during the order process.
7.2 During the order process we will let you know when we will provide the products to you
7.3 We are not responsible for delays outside our control. If our delivery of the products 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.
7.4 If you have asked to collect the products from our premises, you can collect the products
from us at any time during our working hours of 8am-5pm on weekdays. Saturday 8am-
12.00pm
7.5 If no one is available at your address to take delivery and the products cannot be posted
through your letterbox, we will leave you a note informing you of how to re-arrange delivery
collect the products from local depot, unless we have been advised by the buyer to leave the
goods on site.
7.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you
do not re-arrange delivery or collect them from a delivery depot 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.
7.7 If the reasons above do not apply or you do not wish to cancel the contract as, you can give
us a new deadline for delivery, which must be reasonable, and you can treat the contract as
at an end if we do not meet the new deadline.
7.8 If you do choose to treat the contract as at an end for late delivery under clause Error!
Reference source not found. or clause 7.7, you can cancel your order for any of the
products or reject products that have been delivered. If you wish, you can reject or cancel
the order for some of those products (not all of them), unless splitting them up would
significantly reduce their value. After that we will refund any sums you have paid to us for the
cancelled products and their delivery. If the products have been delivered to you, you will
have to return them to us or allow us to collect them, and we will pay the costs of this.
7.9 The product will be your responsibility from the time we deliver the product to the address
you gave us or you collect it from us.
7.10 You own the products once we have received payment in full.
7.11 We may need certain information from you so that we can supply the products to
you and If so, this will have been stated in the description of the products in our brochure
or on our website We will contact you 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 either end the contract (see clause 9.1) 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 or 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.
7.12 We may have to suspend the supply of a product to:
(a) Deal with technical problems or make minor technical changes;
(b) Update the product to reflect changes in relevant laws and regulatory requirements;
(c) Make changes to the product as requested by you or notified by us to you (see
clause 6).
7.13 We will contact you in advance to tell you we will be suspending supply of the product, unless
the problem is urgent or an emergency. If we have to suspend the product for longer than 3
Months you may contact us to end the contract. In such case we will refund any sums you
have paid in advance for the product in respect of the period after you end the contract.
7.14 If you do not pay us for the products when you are supposed to (see clause 11.4) and you
still do not make payment within 7 days of us reminding you that payment is due, we may
suspend supply of the products until you have paid us the outstanding amounts. As well as
suspending the products, we can also charge you interest on your overdue payments (see
clause 11.4).



8. YOUR RIGHTS TO END THE CONTRACT


8.1 You may contact us to end your contract for a product at any time before we have delivered
it and you have paid for it, but in some circumstances, we may charge you for doing this, as
described below. Of course, you always have rights where a product is faulty or misdescribed
(See clause 10).
8.2 If you are ending the contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been provided or
have not been provided properly and you may also be entitled to further compensation. 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 clause 6.2);
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;
(d) We have suspended supply of the product for technical reasons, or we notify you
that we are going to suspend them for technical reasons, in each case for a period
of more than 3 Months
(e) You have a legal right to end the contract because of something we have done
wrong.
8.3 If you are not ending the contract for one of the reasons set out in clause 8.2, then the
contract will end immediately and we will refund any sums paid by you for products not
provided but we may deduct from that refund reasonable compensation for the net costs we
will incur as a result of your ending the contract.



9. OUR RIGHTS TO END THE CONTRACT


9.1 We may end the contract for a product at any time by writing to you if:
You do not make payments to us or we are unable to collect payment from you7 when it
is due and you still do not make payment within 7 days of us reminding you that
payment is due;
(a) 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; or
(b) You do not, within a reasonable time, allow us to deliver the products to you
9.2 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 If you have any questions or complaints about the product, please contact us. You can
telephone our consumer service team at 01934622960 or write to us at
[email protected]. Alternatively, please speak to one of our staff in-store.



11. PRICE AND PAYMENT


11.1 The price of the product (which includes VAT) will be the price set out in our price list in force
at the date of your order unless we have agreed another price in writing. We take all
reasonable care to ensure that the price of product advised to you is correct. However please
see clause 11.3 for what happens if we discover an error in the price of the product you
order.
11.2 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
(Including delivery in full before the change in the rate of VAT takes effect.
11.3 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, 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 terminate the
contract, refund you any sums you have paid and require you to return the product at our
expense.
11.4 We accept payment with all major credit and debit cards. You must pay for the products
including delivery before we dispatch them.
11.5 If we are unable to collect any payment from you by the due date, we may charge interest to
you on the overdue amount at the rate of 4% a year above the base lending rate time to
time. This interest 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.
11.6 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 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is
a foreseeable result of our breaking this contract or our failing to use reasonable care and
skill.
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 goods and for defective products under the
Consumer Protection Act 1987.
12.3 If we are installing the products or providing other 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.
12.4 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 Consequential loss - AAC Weston Ltd is only responsible for supplying parts to replace parts,
which may have failed. We are not responsible for any consequential loss due to part failings. AAC
Weston Ltd reserves the right to discontinue or make changes to any of its product range. Similarly,
we can only offer replacement goods under the terms
of the warranty from the original supplier. If for any reason a supplier ceases trading, discontinues
production or is unable to offer replacement product, our liability is limited only to the cost of the part,
not replacement value of the product.



13. OTHER IMPORTANT TERMS


13.1 We may transfer our rights and obligations under these terms to another organisation.
13.2 You may only transfer your rights or your obligations under these terms to another person if
we agree to this in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of
its terms.
13.4 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.
13.5 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.
13.6 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.