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Sales Terms & Conditions

Consumer Terms & Conditions

What these terms cover. These are the terms and conditions on which we supply goods and services to consumers.

Who is a consumer? A consumer is an individual who is buying goods or services for private or personal consumption. You are not a consumer if you are buying goods or services for purposes which are wholly or mainly for the purpose of your trade, business or profession. These terms apply only to consumers. We have separate terms and conditions which apply to business customers which can be found below.

Why you should read them. Please read these terms carefully before you place your order with us. These terms tell you who we are, how we will provide goods and services 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, please contact us to discuss.

Information about us and how to contact us

Who we are. We are 5 Star Cases Limited a company registered in England and Wales. Our company registration number is 02757991 and our registered office is at Broadend Industrial Estate, Broadened Road, Wisbech PE14 7BQ. Our registered VAT number is 599 557 754.

How to contact us. You can contact us by telephoning our customer service team at 01945 427 000 or by writing to us at Broadend Industrial Estate, Broadend Road, Wisbech PE14 7BQ or sales@5star-cases.com.

How we may contact you. If we need 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.

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Where to find information about us and our products. You can find everything you need to know about us, and our products on our website, in our catalogues or from our sales staff before you order. We also confirm the key information to you in writing before or after you order from us, either by email or on paper.

Summary of terms

When you buy from us you are agreeing that:

Our contract with you

A legally binding contract between us and you will be created upon our acceptance of your order.

How we will accept your order. Our acceptance of your order will take place when we provide you with a written confirmation of order usually either in-store or by email.

Sometimes we reject orders. Sometimes we reject orders. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we can’t verify your age (where the product is age-restricted), because we have identified an error in the price or description of the product, because you are located outside of delivery or supply areas, because you have supplied offensive or inappropriate text or images for products that may be personalised, or because we are unable to meet a delivery deadline you have specified. When this happens, we will let you know as soon as possible and refund any sums you have paid.

Your order number. 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.

Your responsibilities

We may need information from you. We may need certain information from you so that we can supply the products to you, for example, PO Numbers for the goods purchased, delivery address if different than the invoice address, any special delivery instructions, or any other information relevant to the execution of the order and delivery of the goods. If we need any of the above, we will explain this to you at the time you place your order, and ask for this information from you.

Providing us with your equipment for the purposes of measuring, design and fitting services. We may require you to (or you may wish to) provide us with equipment (whether belonging to you or a third-party) in order for us to provide goods or services to you. This may include, by way of example, IT Equipment, audiovisual or other devices, TVs, monitors, speakers, musical instruments or equipment, tools, sound systems, or cabling, whether owned by you or a third party. Such equipment may be needed to allow us to take measurements or for the purposes of fitting it into our products in accordance with your specifications.

You (or the relevant third-party) shall retain ownership of any such equipment. We will not be liable for the condition of such equipment or any damage to it or loss of it unless such loss or damage is to the external surface of the equipment and was caused by the negligence of our employees or agents. If damage or loss arises as a result of our negligence, our total liability to you shall not exceed the extent of insurance cover we have in relation to such claims. You should at all times ensure that you take out and maintain appropriate insurance cover yourself for any equipment you provide to us.

If you provide us with any equipment, we will carry out a visual inspection of it at the time it is given to us. You acknowledge that we do not carry out any operational, mechanical, or electrical inspection a of any equipment you provide us with. We will only use your equipment for the purposes of measuring and fitting services and not for any functional purpose. You must ensure that any equipment provided to us is in good repair and condition.

What will happen if you do not give required information to us. 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 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 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.

Our products

Products may vary slightly from their pictures. The images of the products on our website and in any of our brochures 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 a picture in our brochure accurately reflects the colour of the products. Your products may vary slightly from those images.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in any of our brochures.

Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

Our goodwill guarantee. We offer a goodwill Manufacturer’s Guarantee to our UK customers the terms of which you can view on our website (or we can provide a copy on request). This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (as set out below).

Changes to your order, products or services

Your right 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 of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see below: Your rights to end the contract).

Our rights to make changes. Our rights to make changes depend on whether the change is minor or more significant.

  • Minor changes. We may change our products or services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes should not affect your use of the product or the quality of services, but we will let you know if any such changes would have an impact. These might include, for example, variations in paint coatings and appearance, or a change in material (laminate, plywood, foam, fabric and other) specification which might look visually different but not impact how the product is used or it`s durability.
  • More significant changes. Any significant changes to any product or services will be discussed with you prior to production. You have the right to cancel your order if the proposed changes and reasons for them are not “Significant changes” includes (but is not limited to): changes to the internal and/or external size of the final product, a change in materials which are completely different to the originally agreed ones, or a change in colour and/or style of the final appearance of the product.

Price and payment

When you must pay and how you must pay. If you order products from us online, you will be required to pay at the time you place your order. If you order from us in any other way, such as by email or by phone, you will be asked to pay upfront when we confirm acceptance of your order. You must pay for our products before we deliver them or you collect them. You must pay for services before they are commenced.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product or services, we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.

We charge interest on late payments. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% per annum above the Bank of England Minimum Lending Rate. 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.

Where to find the price for the product. The prices of our products and services will be the prices indicated on our website, as told to you in-store, or as set out in any quote provided to you. We take all reasonable care to ensure that the prices advised to you is correct. However please see below for what happens if we discover an error in the price of the product or services you order.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, 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 end the contract, refund you any sums you have paid, and require the return of any goods provided to you.

We charge you if you don't give us information we need or do preparatory work as agreed with us. We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, installation or to provide services, or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower or reschedule services.

What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Supply & Delivery

Delivery costs. You will be responsible for delivery costs. The costs of delivery will be included in your quote, order acknowledgment or otherwise as told to you or provided to you in-store.

When we will provide the products.

  • Supply of products. We will usually aim to deliver the product/s to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Any goods that are made-to-order, outsourced and/or made overseas are exempt from the 30 day delivery period. Your estimated product despatch date will be shown or your order acknowledgment. You will be informed in advance if there are any delays. Delivery terms and conditions can be found on our website and are available on request.
  • If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
  • If the products are ongoing services. We will supply the services to you until the services are completed, or until you or we end the contract in accordance with these terms.

Collection by you. If you have asked to collect the product from our premises, you can collect them from us at any time during our working hours of 09:00 to 17:00 on weekdays (excluding public holidays).

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the product cannot be posted through your letterbox, we will contact you informing you of how to rearrange delivery or collect the product from our premises.

If you do not re-arrange delivery. 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.

Your legal rights if we deliver goods late. Delivery is classed as late if the delivery of the goods has been delayed by more than 4 weeks after the pre-agreed estimated latest delivery date stated on your order acknowledgment. If we miss the delivery deadline for any goods, you may treat the contract as at an end straight away but only if any of the following apply:

  • we have refused to deliver the goods; or
  • delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you told us before we accepted your order that delivery within the delivery deadline was essential.

Ending the contract for late delivery. If you choose to treat the contract as at an end for late delivery in accordance with the above right, you can cancel your order for any products not already delivered. If your order has been partially delivered, you can only cancel your order for the undelivered products (and not for any products already delivered) unless splitting the products up would significantly reduce their value. If you cancel your order in accordance with this paragraph, we will refund any sums you have paid to us for the cancelled products and their delivery.  If you are cancelling an order for products that have been delivered to you, you must either return those products in person to where you bought them, post them back to us, or, if they are not suitable for posting, allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01945 427000 or email us at sales@5star-cases.com for a return label or to arrange collection.

If you do not wish to treat the contract as at an end straight away, or if do not have the right to do so, we will agree a new deadline for delivery with you (which must be reasonable). Your will then have a right to treat the contract as at an end if we do not meet the new deadline in the above circumstances.

We are not responsible for delays outside our control. If our supply of the products or services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products or services you have paid for but not received yet. Substantial delay is classed a delay which is 4 weeks and more after the latest estimated despatch date shown your order acknowledgment.

When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or from the time you, or a carrier organised by you, collect it from us.

When you own goods. You own a product which is goods once we have received payment in full.

Your right to change your mind

Your legal right to change your mind (distance contracts only). For most of our products bought online, by mail order, over the telephone or on your doorstep, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for:

  • services, once these have been completed, even if the cancellation period is still running;
  • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • bespoke or personalised goods, or goods manufactured to your specifications, such as in colours or finishes other than our standard black or with hardware customisation, or which are clearly personalised;
  • goods which become mixed inseparably with other items after their delivery; and products which are likely to deteriorate within the 14 day period.

The deadline for changing your mind. If you change your mind, you must let us know no later than 14 days after:

  • the day we deliver your product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
  • the day we confirm we have accepted your order, if it is for a service. Once we have completed the services you cannot change your mind if you asked us to commence those services during the 14 day cancellation period.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team on 01945 427000 or email us at sales@5star-cases.com. You can also write to us at Broadend Industrial Estate, Broadend Road, Wisbech PE14 7BQ.

You must return the product at your own cost. If your product is goods, you must return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost unless we offered free returns when you bought the goods. You can bring the product to our premises at Broadend Industrial Estate, Broadend Road, Wisbech PE14 7BQ, or send the product back to us, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, please contact our Customer Service Team (as above).

You will need your email receipt and details of the payment method you used to place the order.

We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

You must pay for services you received before you change your mind. If you bought a service, we don't refund you for the time you were receiving it before you told us you'd changed your mind.

We reduce your refund if you have used or damaged a product. All goods must be returned in their original packaging, with any labels still attached, and otherwise in a condition enabling us to sell the product as new. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund.

When and how we refund you. If your product is a service or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract. We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription for goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team (as above).

If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about our product or services, please contact us. You can telephone our customer service team at 01945 427000 or email us at sales@5star-cases.com.

Consumer rights. If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract and meet all the requirements imposed by law. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights in relation to the purchase of goods. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 01945 427000 or email us at sales@5star-cases.com for a return label or to arrange collection.

Your rights to end the contract

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract:

  • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see above: “If there is a problem with the product”.
  • If you want to end the contract because of something we have done or have told you we are going to do, see

Ending the contract because of something we have done or are going to do. If you are ending a 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 or services which have not been provided and you may also be entitled to compensation. The reasons are:

  • We have told you about an upcoming change to the product or these terms which you do not agree to.
  • 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.
  • There is a risk that supply of the products may be significantly delayed because of events outside our control.
  • We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
  • You have a legal right to end the contract because of something we have done wrong.

How to end the contract with us

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

  • Phone or email. Call customer services on 01945 427000 or email us at sales@5star-cases.com. For all purchases, you will need to provide your name, home address, details of the order and, where available, your phone number and email address. For purchases other than online purchases, you will also need to provide details of what you bought, and when you ordered or received it.
  • By post. Write to us including details of what you bought, when you ordered or received it and your name and address.

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at our registered address or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01945 427000 or email us at sales@5star-cases.com for a return label or to arrange collection.

When we will pay the costs of return. We will pay the costs of return:

  • if the products are faulty or misdescribed; or
  • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The amount we charge will depend on the product type and size. Prior to collection we will tell you the price over the telephone or by email exchange, or as set out our brochure.

How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

When your refund will be made. We will make any refunds due to you as soon as possible.

Improper returns. Where you return a product where you do not have a right to do so under these terms or in accordance with any consumer right you may have, we will not refund or exchange the product and we may retain the returned product until you pay us such additional amount as we may charge for re-delivery of the returned product.

We can suspend supply, withdraw products, or end our contract with you

We can suspend the supply of a product. We do this to deal with technical problems or make minor technical changes, update the product to reflect changes in relevant laws and regulatory requirements, or make changes to the product.

We will let you know, may adjust the price, and may allow you to terminate. We contact you in advance to tell you we're suspending supply unless the problem is urgent or an emergency. If we suspend the product, we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply for more than 4 weeks, you can contact our Customer Service Team to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products. We can stop providing a product, such as an ongoing service or a subscription for goods. We let you know in advance where possible and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you. We can end our contract with you for a product and claim any compensation due to us if:

  • you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
  • you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product or services;
  • you don't, within a reasonable time, either allow us to deliver the product or services to you or collect the product from us.

Our responsibility for loss or damage suffered by you

We don't compensate you for all losses caused by us or our products or services.

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We're not responsible for delays outside our control”.
  • Something you could have avoided by taking reasonable action.
  • A business loss. If you are a consumer, we only supply the products to you for your domestic and private use. If you use the products or services for any business, commercial or re-sale purpose, our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our Business Customer Terms and Conditions.

We are not.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these terms shall exclude our liability for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation;
  • breach of your legal rights in relation to the products including the right to receive products which are (a) as described and match information we provided to you and any sample or model seen or examined by you; (b) of satisfactory quality; (c) fit for any particular purpose made known to us; and (d) supplied with reasonable skill and care; and for defective products under the Consumer Rights Act 2015.

How we may use your personal information

How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy (see http://5star-cases.com/privacy-policy).

Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as set out above in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force. 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.

Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. 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.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products or services.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Mediation is another alternative form of dispute resolution which involves use of a mediator to try and come to a resolution.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Business Terms & Conditions

The Customer’s attention is particularly drawn to the provisions of clause 11 (Limitation of Liability).

These Terms and Conditions are the standard terms for the sale of goods and services to businesses by 5 Star Cases Limited, a company registered in England under number 02757991, whose registered address is Broadend Industrial Estate, Broad End Road, Walsoken, Wisbech PE14 7BQ (the “Supplier”).

  1. Interpretation

1.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Commencement Date: has the meaning given in clause 2.3.

Conditions: these terms and conditions as amended from time to time in accordance with clause 2.

Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods and/or the supply of Services in accordance with these Conditions.

Customer: the person or firm who purchases the Goods and/or Services from the Supplier.

Customer Default: has the meaning set out in clause 2.

Customer’s Equipment: any equipment, including, without limitation, any IT Equipment, audiovisual or other devices, TVs, monitors, speakers, musical instruments or equipment, tools, sound systems, or cabling, whether owned by the Customer or a third party, which are provided to the Supplier by the Customer, its agents, subcontractors or consultants in connection with the Services.

Deliverables: any output of the Services to be provided by the Supplier to the Customer as set out in the Order or otherwise in writing.

Delivery Location: has the meaning given in clause 4.

Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control.

Goods: the goods (or any part of them) set out in the Order, if any, and the Deliverables.

Guarantee Period: has the meaning set out in clause 5.1.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be grated, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Order: the Customer’s order for the Goods and/or Services, as set out in the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.

Product Guarantee: has the meaning set out in clause 5.1.

Services: the services, including the Deliverables, supplied to the Customer by the Supplier as set out in the Order.

Specification: any description or specification of the Goods and/or Services, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier.

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

1.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.5 A reference to writing or written includes email.

  1. Basis of contract

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods and/or Services in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.

2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence (Commencement Date).

2.4 Any quotation given by the Supplier shall not constitute an offer and is only valid for a period of 30 Business Days from its date of issue (unless otherwise stated on the quotation).

2.5 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

2.6 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

2.7 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods and/or Services referred to in them. They shall not form part of the Contract nor have any contractual force.

3. Supply of Goods

3.1 The Supplier shall supply the Goods to the Customer in accordance with the Order and any Specification (if any) in all material respects.

3.2 The Goods are as described in the Supplier's brochure or catalogue or on its website, as modified by any applicable Specification.

3.3 To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause 3 shall survive termination of the Contract.

3.4 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement and the Supplier shall notify the Customer in any such event. These might include but are not limited to variations in paint coatings and appearance, change in material (laminate, plywood, foam, fabric and other) specification which might look visually different but not impact how the product is used or its durability.

4. Delivery of Goods

4.1 The Supplier will usually aim to deliver the Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept the Order. The estimate delivery date for Goods will be set out in the Order or your order acknowledgment.

4.2 Any Goods that are made-to-order, outsourced and/or made overseas are exempt from the 30-day delivery period.

4.3 Goods will not be dispatched until paid for in full in accordance with clause 9.

4.4 Subject to clause 4.5, the Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.

4.5 If the Customer chooses to collect the Goods, the Customer shall collect the Goods from the Supplier's premises at Broadend Industrial Estate, Broadend Road, Walsoken, Wisbech PE14 7BQ or such other location as may be advised by the Supplier prior to delivery (Collection Location) within 5 Business Days of the Supplier notifying the Customer that the Goods are ready.

4.6 Delivery is completed on the completion of unloading of the Goods at the Delivery Location or upon loading of the Goods at the Collection Location, whichever applies.

4.7 Any dates quoted for delivery of Goods specified in the Order or otherwise given to the Customer are approximate only and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.8 If the Customer fails to take or accept delivery of the Goods within 5 Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract in respect of the Goods:

      • (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the 5th Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
      • (b) the Supplier shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance).

4.9 If 10 Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken or accepted actual delivery of them, the Supplier may resell or otherwise dispose of part or all the Goods and, after deducting reasonable storage and selling costs, charge the Customer for any shortfall below the price of the Goods.

4.10 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

5. Quality of Goods

5.1 The Supplier warrants the Goods in accordance with a manufacturer’s product guarantee, the terms of which can be viewed on the Supplier’s website or provided on request, subject to any exclusions or limitations set out in the guarantee (Product Guarantee). The Product Guarantee shall apply (subject to any exclusions or limitations) for a period of 2 years from the date of delivery (Guarantee Period).

5.2 Except as provided in the terms and conditions of the Product Guarantee, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with Product Guarantee.

5.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

5.4 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

6. Title and risk

6.1 The risk in the Goods shall pass to the Customer on completion of delivery or collection.

6.2 Title and risk in the Customer Equipment shall at all times remain with the Customer save as otherwise set out in these terms.

6.3 Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment.

6.4 Until title to the Goods has passed to the Customer, the Customer shall:

      • (a) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;
      • (b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
      • (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
      • (d) notify the Supplier immediately if it becomes subject to any of the events listed in clause 1(a) to clause 12.1(c); and
      • (e) give the Supplier such information as the Supplier may reasonably require from time to time relating to the Goods, and the ongoing financial position of the Customer.

6.5 At any time before title to the Goods passes to the Customer, the Supplier may require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

7. Supply of Services

7.1 The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects.

7.2 The Supplier shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order or otherwise in writing, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

7.3 The Supplier reserves the right to amend the relevant Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

7.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

8. Customer's obligations

8.1 The Customer shall:

      • (a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
      • (b) co-operate with the Supplier in all matters relating to the Goods and/or Services;
      • (c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by the Supplier;
      • (d) provide the Supplier with such information, documents, items and materials (whether owned by the Customer or a third party) as the Supplier may reasonably require in order to supply the Goods and/or Services, and ensure that they complete and accurate in all material respects;
      • (e) ensure that, at the time it is provided to the Supplier, all the Customer's Equipment is in good condition and repair and suitable for the purposes for which it is to be used in relation to the Services;
      • (f) obtain and maintain all necessary licences, permissions and consents and comply with all relevant legislation as required to enable the Supplier to provide the Services, including in relation to the use of the Customer's Equipment, in all cases before the date on which the Services are to start.
      • (g) comply with all applicable laws, including health and safety laws;
      • (h) comply with any additional obligations as set out in the Specification or the Order or both, or as otherwise agreed in writing between the parties.

8.2 The Customer acknowledges that the Supplier does not carry out any operational, mechanical, or electrical inspection of any Customer Equipment provided to the Supplier and that the Supplier will only use Customer Equipment for the purposes of measuring and fitting services and not for any functional purpose.

8.3 If the Supplier's performance of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

      • (a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
      • (b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 2; and
      • (c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

9. Price and payment

9.1 The price of the Goods and/or Services shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force from time to time.

9.2 The price of the Goods excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.

9.3 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice. If the rate of VAT changes between your order date and the date we supply the product or services, we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.

9.4 If the Customer orders goods online through the Supplier’s website, the goods must be paid for upfront at the time the order is placed.

9.5 If the Customer has a credit account with the Supplier, the Supplier shall invoice the Customer on or at any time after delivery of the Goods and such invoices shall be paid by the Customer within 30 days or such other date as is specified on the invoice for payment.

9.6 If the Customer has not ordered online and does not have a credit account with the Supplier, the Supplier shall invoice the Customer upon confirmation of acceptance of the Customer’s Order and the Customer shall pay that invoice under the payment terms as specified on the invoice for payment. Goods will not be delivered and Services will not be provided until such invoices are paid in full.

9.7 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies under clause 12 or otherwise, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7 will accrue each day at 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%.

9.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

10. Intellectual Property Rights

10.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier.

10.2 The Supplier grants to the Customer, or shall procure the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to copy the Deliverables (excluding materials provided by the Customer) for the purposes of receiving and using the Services and Deliverables. The Customer shall not sublicense, assign or otherwise transfer the rights granted by this clause 10.2.

10.3 The Customer grants the Supplier a fully paid-up, non-exclusive, royalty-free non-transferrable licence to copy and modify any materials provided by the Customer to the Supplier for the term of the Contract for the purposes of providing the Services to the Customer.

11. Limitation of liability

11.1 The Supplier has obtained insurance cover in respect of its own legal liability for certain types of individual claims not exceeding £300,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

11.2 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

11.3 Nothing in this this clause 11 shall limit the Customer's payment obligations under this agreement.

11.4 Nothing in this clause 11 shall limit or exclude the Supplier’s liability for:

      • (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • (b) fraud or fraudulent misrepresentation;
      • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
      • (d) defective products under the Consumer Protection Act 1987;
      • (e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.5 Subject to clause 11.4, clause 11.6, clause 11.7 and clause 11.8, the Supplier's total liability to the Customer:

      • (a) for damage to property (including any Customer Equipment) caused by the negligence of its employees and agents in connection with the Contract shall not exceed £300,000 for any one event or series of connected events; and
      • (b) for all other loss or damage which does not fall within subclause (a) shall not exceed 100% of the sum paid by the Customer to the Supplier under the Contract.

11.6 The Supplier shall not be liable for any of the following types of losses:

      • (a) loss of profits;
      • (b) loss of sales or business;
      • (c) loss of agreements or contracts;
      • (d) loss of anticipated savings;
      • (e) loss of use or corruption of software, data or information;
      • (f) loss of or damage to goodwill;
      • (g) indirect or consequential loss; and
      • (h) loss or damage relating to the Customer Equipment unless such loss or damage is to the external surface of that Customer Equipment and it was caused by the negligence of the Supplier’s employees or agents in which case clause 11.5(a) above shall apply.

11.7 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

11.8 This clause 11 shall survive termination of the Contract.

12. Termination

12.1 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:

      • (a) the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
      • (b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
      • (c) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
      • (d) the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

12.2 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods and/or Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 1(a) to clause 12.1(d), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

12.3 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

12.4 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Goods supplied and/or Services performed but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt.

12.5 Termination or expiry of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

12.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

13. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 26 weeks, the party not affected may terminate the Contract by giving 30 days' written notice to the affected party.

14. Assignment and other dealings

14.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

14.2 The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.

15. Entire agreement.

15.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

15.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

15.3 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

16. Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 16 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

18. Notices

18.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

      • (a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
      • (b) sent by email to the address specified in the Order.

18.2 Any notice shall be deemed to have been received:

      • (a) if delivered by hand, at the time the notice is left at the proper address;
      • (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
      • (c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 2(c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

18.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

19. Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

20. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

21. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.