Terms and Conditions
These terms and conditions (‘Terms’) explain your rights and obligations in relation to this web-site www.phoenixgates.co.uk (‘Site’)and any goods or services purchased through this site. Please read them carefully. You might have other rights by law and these terms do not affect these.
This Site is operated by PHOENIX GATES (‘we’, ‘our’ or ‘us’). Our Registered Office is phoenix gates hartwell lane rough close stoke one trent. you may telephone us on 07506196441
We reserve the right to change the Terms at any time. Any changes or amendments will be posted on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
2. USE OF THE SITE
2.1 The content and copyright in the Site is owned by or licensed to us.
You are permitted to view or print individual pages for fair use.
Any other use must be with our prior written permission.
2.2 We reserve the right to suspend, restrict or terminate your use of this Site at will and any time.
3. PURCHASING FROM US
3.1 To purchase from us, you must be resident in the United Kingdom or the Republic of Ireland.
3.2 The Site and the goods sold through it are subject to change without notice and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes to the advertised goods prior to despatch of such goods. If you are unhappy with these improved, altered or modified goods, you may inform us in writing within 7 days, starting on the day after the goods are delivered to you. In order to receive refund, the goods must be returned as unused, and wherever possible in the original packaging together with tour receipt. We recommend that you retain all of the original packaging until you are sure that you intend to keep the goods. If the original packaging is no longer available, you should use packaging that would provide similar protection as returned items must be received by us ‘as new’ and in re-saleable condition. Carriage cost will be refunded only if the item is faulty or if it differs in any way from the advertised goods. Returned parcels remain the responsibility of the customer until safely received by us. We do not pay return carriage unless an item is faulty or of it differs in any way from the advertised goods. If you would like to arrange collection of goods for return, please contact Customer Service. Return carriage cost will be deducted from any refund due.
3.3 By Submitting your order, You are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods ( including passing your details on to couriers).
3.4 We are not obliged to supply the goods until we have confirmed that we have accepted your order and received payment in full.
3.5 All drawings, specifications, sizes, photographs and descriptive matter featured on our Site are issued only for giving an approximate idea of the goods described in them and colours showing are intended as a guide only. They do not form part of the Terms.
4.1 All prices are in British Pounds and Exclude Value Added Tax. We reserve the right to adjust the VAT elements if this changes from 20%. The cost of transporting goods (Carriage and Insurance Cost) are based on either the goods ordered or the total order value. These Carriage and Insurance Costs shall be added to the price to be paid by you.
4.2 Installation costs are excluded from the price quoted although we are able to provide customers with this service at extra cost.
5. DELIVERY, ASSEMBLY AND INSTALLATION
5.1 Our aim is to deliver the goods you have ordered within 28 days of receiving your order or on a date we have mutually agreed.
5.2 Upon receipt of goods, please follow carefully the instructions for assembly and advice on how to care for the goods. Please be mindful of the fact that rust is a natural affect on iron. It can be prevented by applying an exterior enamel paint.
5.3 Please note that some items may be dispatched from separate depots and therefore could arrive at different times. If you are employing third parties such as builders or fitters to install your items, please ensure that you are in receipt of your goods before committing to an installation date. We cannot be held responsible for any consequential expenses if delivery is delayed.
6. DAMAGED OR DEFECTIVE GOODS
6.1 You should inspect the goods when you receive them for defects and damage. If you find a defect or damage, you must tell us as soon as possible and we will arrange for their return at no cost to you.
6.2 We will warrant that the goods shall be free from defects and function in accordance with the manufacturer’s instructions. In the event of breach of this warranty, we will be happy to collect the faulty part or send a replacement without charge.
6.3 The warranty in respect of any wrought iron gates or railings shall be for a period of 10 years from the date of purchase. Our guarantee covers the cost of replacing the defective product. It does not cover consequential expenses incurred as a result of replacing the product such as fitting and finishing costs. We will not accept responsibility for any damage caused by incorrect assembly or fittings, incorrect hanging or lack of treatment to gates and railings. We will not reimburse the cost of repairs undertaken to gates or railings without prior consent and such repairs would invalidate your guarantee. All other goods are supplied with a warranty of 12 months from the date of purchase.
7.1 Wrought iron gates and railings are supplied with a 10 year warranty. All other goods are supplied with a 12 month warranty.
7.2 As a company that places the customer first, we pride ourselves on our reputation for high quality and unrivalled customer service. We offer 7 day money back guarantee on all of our products (except custom made to measure products) to ensure you have peace of mind and are completely satisfied with your purchase.
8.1 Should you have recourse to complain, you can rest assured that we will thoroughly investigate the problem and make every attempt to resolve the issue to your complete satisfaction. Please send your complaint in writing to email@example.com
9. LIMITATION OF LIABILITY
9.1 We do not limit our liability to you for death or personal injury caused by our negligence of for fraud.
9.2 All reasonable efforts have been made to try to ensure that the information contained on the Site is correct and up to date. However, we cannot guarantee this is the case and we shall not be liable for inaccuracies or for your reliance on incorrect or out of date information whilst we will try to take all reasonable steps to protect your personal details, we cannot guarantee the security of any data you disclose on-line and we will not be responsible for any breach of security unless this is due to our negligence. We do not have any liability to your arising out of your use or inability to use the Site. We will not be liable to you for any unforeseeable losses.
9.3 We will be excused performance of any of our obligations if caused by circumstances beyond our reasonable control or beyond the reasonable control of our suppliers, including without limit, industrial disputes, war, flood and changes in legislation.
9.4 Save as set out in Clause 9.1., our liability to you for:
9.4.1 Damage to physical property caused by our negligence or by the goods shall not exceed £5,000 per event or series connected events;
9.4.2 Subject to Clauses 9.1 and 9.4, the aggregate of all claims arising in connection with the goods (whether due to breach of contract, or negligence, or otherwise) shall not exceed the price by you in respect of the goods that are the subject matter of the claim in question.
9.5 Except as set out in paragraph 6 above or as otherwise set out in this agreement, we disclaim all terms, conditions, representations and warranties (whether express or implied) to the extent permissible by law.
10. OTHR INFORMATION
10.1 Any personal detail you provide to us are kept and processed in accordance with our Private Policy.
10.2 This Site may contain links to other web sites not under our control. We accept no responsibility or liability for the content or availability of those sites.
10.3 We may not necessarily keep a copy of these Terms and your order. We advise you to print a copy of them for your information and reference.
10.4 If any section of the Terms are held by a court or other competent authority to be un-enforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
10.5 This agreement between us is personal to us and no other person who is not party o these Terms shall be entitled to enforce any term of Agreement under the Contracts (Right of Third Parties) Act 1999 (or any analogous laws).
10.6 The Terms are the entire terms and conditions between us in relation to your use of the Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
10.7 The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondences and contact between us shall be made or conducted in the English language.