Terms and Conditions of Sale
1. These terms
1.1 These terms and conditions relate to all goods supplied to you after you have placed an order by telephone, through this website (“the Site”) or through any associated websites which are owned and operated by N Howls trading as Plastic Boxes (“Plastic Boxes”, “we” or “us”). These terms and conditions set out the terms of the contract between you, the customer or Site user (“you”) and us. These terms and conditions together with our policies and your order confirmation which we will send to you by email form the agreement between you and us (“the Agreement”). If you place an order by telephone we will ask you for an email address send you an order confirmation by email. If you do not provide us with an email address we will dispatch the items you have ordered directly to you.
1.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except in writing signed by us or our duly authorised representative.
1.3 These terms and conditions may be varied by us at any time by posting amended terms and conditions to our Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
1.4 Our employees and agents are not authorised to make any representations concerning the goods we supply unless confirmed by us in writing. You agree that you have not relied on any such representations before placing an order.
1.5 Each order you place with us will be a separate order and contract between us, any default by us in relation to one order will not entitle you to terminate another order.
2. Ordering and Payment
2.1 Your order is an offer to buy from us, once you place an order we will send you an email to confirm that we have received your order, and we will send you a subsequent email to confirm that your order has been fulfilled and despatched. There will be no contract of any kind between you and us unless and until we take payment from you, fulfil and despatch your order. A binding agreement will come into force between you and us when we email you to confirm that your order has been fulfilled and despatched. At any point up until then, we may decline to supply the goods to you without giving any reason. If we take payment and subsequently fail to dispatch the goods for any reason we will refund you in full.
2.2 You accept the accuracy of any orders placed with us. It is your responsibility to check our confirmation of receipt of order to ensure that the order is accurate.
2.3 At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods.
2.4 The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item or a collection of items, we will not be liable to supply an item to you at the stated price provided that we notify you before we dispatch the item concerned.
2.5 Our prices are calculated based on current costs including the cost of materials, labour, delivery, insurance and other costs. We reserve the right to increase our prices at any time up to despatch of an order arising from any factor beyond our control including any increase in our costs. Please note also that we reserve the right to increase our prices in the event that you request any change or variation in the goods or services supplied and that we are not obliged to accept any such request.
2.6 Your credit/debit card details will be encrypted by us or our partners to minimise the possibility of unauthorised access or disclosure.
2.7 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2.8 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item
2.9 We remind you that we are under a legal duty to supply goods which are in conformity with our contract with you.
3. Price Promises and Price Matching
3.1 From time to time we may offer price promises under which we agree to match prices with our competitors. Please note that any such price promises are subject to the following conditions:
3.1.1 The price match must be claimed before placing an order, we do not provide refunds for orders which have been placed.
3.1.2 The two products must be identical and sold with the same service conditions. (The comparable price must apply to an identical product in terms of manufacturer, model, size and colour.)
3.1.3 The comparison-price product offered by our competitor must be an item that is actually held in stock (rather than an item only available to order)
3.1.4 The comparison product must be brand new and priced under the same promotional terms as our product, i.e. without carriage charges, with or without VAT and with reference to any costs relating to the number of products originally purchased.
3.1.5 We will not match sale or promotional offer prices
3.1.6 You are responsible for the providing us with all the information necessary to support your claim.
3.1.7 We will require a reasonable amount of time to verify the request
3.1.8 Any price matching will apply to the UK-mainland only unless we specify otherwise.
3.1.9 Sellers that trade on a different basis to us (e.g. indirect sellers and resellers using auction and marketplace sites) are not considered to be equivalent competitors. Their prices are therefore excluded from consideration. The published prices of companies who are going out of business or closing down, are in financial difficulties, or in administration or liquidation are also excluded from this guarantee.
3.1.10 We reserve the right to reject an application for any price matching offer if, in our opinion, the quoted prices are unverifiable and the terms of the sale are not considered identical
3.1.11 We reserve the right to withdraw any price match offer or guarantee at any time.
4.1 Prices and specifications quoted on our website are subject to change at any time, for any reason, and we will not be obliged to supply goods at the price and specification set out in our website.
4.2 Please note that all descriptions, specifications, drawings, photos and details of weights and dimensions which are included in our materials are approximate only.
4.3 Please note also that it is virtually impossible to accurately portray the precise colour of goods in an internet photo, due to differing screen resolutions, and variations from batch to batch. We endeavour to give the best portrayal of colour, but we cannot accept colour or shade differences as evidence of defects.
5. Credit Accounts
5.1 We do not offer credit accounts at this time. All goods must be paid for in full prior to dispatch.
6. Delivery and access
6.1 Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed. Please see our delivery policy for more information about delivery in the event of any conflict between these terms and the delivery policy then these terms will apply.
6.2 We may, at our sole discretion, allow collection of items you have ordered from our premises but we reserve the right to refuse any request for collection and to impose such conditions in relation to a collection from our premises as we see fit.
6.3 When you place an order we may not be able to provide an exact date at the time you order, if so then we will endeavour to provide you with an approximate delivery time.
6.4 We will endeavour to deliver items within the United Kingdom within the specified time but we are not able to guarantee any specific delivery date. Whilst we make every effort to deliver all your goods at the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
6.5 Where the items are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole as terminated.
6.6 If you fail to take delivery of the items or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we reserve the right to:
6.6.1 attempt to redeliver the items to you and charge you an additional delivery fee; or
6.6.2 treat your contract with us as terminated and refund the price of the items to you less our costs and charges (including our delivery charge and our reasonable costs arising from the your failure to take delivery); or
6.6.3 store the items until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
6.6.4 sell the items at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
6.7 If you have selected a Next Day or Saturday delivery option and the option is available and we have confirmed that we will despatch the item for Next Day or Saturday delivery and we fail to make delivery on the specified date then we will refund the additional delivery cost but we will not be liable for any further damages or costs.
6.8 Whilst we will use reasonable endeavours to deliver the items on the agreed date we will not be liable for any failure to deliver on the stated date or at the stated time.
7. Warranty and Returns
7.1 Please see our Returns Policy for information about our policy in relation to returns.
7.2 We warrant that items you order from us will be free of defects in manufacture and workmanship for a period of six months following receipt by you of the items. Please note that this warranty is subject to limitations as set out in clause 9 of these terms and conditions.
7.3 You have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, our Returns Policy explains how to do this. Please note that in many cases our own returns policy may be applicable or may be more suitable for your requirements.
7.4 Defective items or items with transit damage should be notified to us within 30 days (unless the defect is not obvious within that time period).
7.5 You will not be permitted to return any items unless we are notified within the time periods set out in clause 7.2 to 7.4 (save where the item was materially defective on delivery but the defect was not obvious within the above time periods).
7.6 Personalised or custom made items may not be returned unless they are defective.
8. Cancellation and changes prior to delivery
You can cancel or change any of your current orders prior to dispatch by contacting us on firstname.lastname@example.org
9. Our Liability
9.1 Subject as expressly provided in these conditions, and where you are not dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.2 Where items are sold under a consumer transaction your statutory rights are not affected by any of these terms and conditions.
9.3 We will not be liable in respect of any defect arising from any specification, request, drawing or design supplied by you, nor in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal usage or working conditions, exceeding recommended loads, failure to follow instructions, misuse, alternation or repair of the items without our express consent.
9.4 Any advice or recommendation we may give as to the storage, application or use of the goods and which we do not confirm in writing is followed or acted upon entirely at your own risk and accordingly we will not be liable for any such advice or recommendation which we have not confirmed in writing.
9.5 Any claim by you which is based on any defect in the quality of the goods supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery (and in any case, within 30 days of delivery) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the goods and we shall have no liability for such defect or failure.
9.6 Where any valid claim in respect of any of the items supplied which is based on any defect in the quality or condition or their failure to meet its specification is notified to us in accordance with these terms and conditions, we shall replace or repair the items free of charge or refund to you the price of the item at our sole discretion, but we shall have no further liability to you. You are not entitled to reject part only of items you have ordered.
9.7 We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you, except as expressly provided in these conditions.
9.8 Our entire liability under or in connection with these terms and conditions shall not exceed the price of the items supplied.
9.9 Nothing in the this clause 9 or any other of these terms and conditions will exclude or limit our liability in respect of death or personal injury caused by our negligence
10. Installation and Assembly
10.1 You will be required to install and assemble items unless we expressly agree otherwise.
10.2 Installation services will generally be carried out by a third party installation partner and not by Plastic Boxes. Please note that if we refer you to an installation partner we will not be liable for the acts or omissions of that partner and that you will be subject to the terms and conditions of that partner.
10.3 You hereby undertake to us that where we or our installation partner agrees to carry out any installation services on your behalf you will ensure that:
10.3.1 the site is accessible, clear, level and dry in readiness for the arrival of the installers;
10.3.2 a suitable electricity supply is available for light and power tools;
10.3.3 sufficient working space has been allocated to ensure maximum output and sufficient storage space is provided free of charge for our immediate use on or adjacent to the site for plant and all materials and that where applicable all materials are on site for the arrival of the installers;
10.3.4 the installation employees and/or agents are given every facility to complete the work without undue interference;
10.3.5 the installers shall not be responsible for the washing or wiping down of the goods; and
10.3.6 there is sufficient labour available to off-load the delivery vehicle without delay.
10.3.7 you will obtain all necessary consents, licences and approvals for the installation or erection of the goods. You will indemnify us against all costs and expenses we incur due to your failure to obtain such consent, licences or approvals.
10.4 Where you erect or install our products it is your responsibility to ensure, so far as it is practicable, that nothing about the manner or method of erection/installation makes it unsafe or constitutes a risk to health or safety and we shall not be liable for the costs of rectifying or putting right discrepancies from faulty or improper assembly where you carry out your own installation or maintenance work unless authorised by us in writing.
11. Force Majeure
11.1 Plastic Boxes will not be liable for any failure of or delay in the performance of a contract for the period that such failure is due to causes beyond Plastic Boxes reasonable control, including but not limited to acts of God, war, terrorism, strikes or labour disputes, embargoes, government orders or any other Force Majeure event.
12. Law and Jurisdiction
12.1 These Terms and Conditions and any contract will be governed by the law of England and Wales and subject to the exclusive jurisdiction of the the courts of England and Wales.