1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services. We reserve the right to change these terms and conditions at any time and any changes will take effect when the new terms and conditions have been uploaded to our website.
1.2 Why you should read them. 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, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Cotterill Drainage Limited, a company registered in England and Wales. Our company registration number is 5214478 and our registered office is at Hermitage Farm, Grove Lane, Wishaw, Sutton Coldfield, West Midlands, England, B76 9QJ.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0121 351 3230 or by writing to us at firstname.lastname@example.org or on any other phone number or email address we may provide to you from time to time.
2.3 How we may contact you. 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 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. If the order is placed online, our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We do not file details of your order for you to access at a later date so you may wish to print these terms and conditions as well as your order acknowledgement for your records. If you placed the order by telephone or in person, our acceptance of your order will take place when you provide written acceptance of the quote we have provided to you. Please note that quotes are only valid for 7 days from the date they are provided to you.
3.2 If we cannot accept your order. 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 of unexpected limits on our resources which we could not reasonably plan for, 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 may ship abroad. Our website is solely for the promotion of our products in the UK. However, we may, at our sole discretion, ship products to countries outside of the UK. If we do ship products outside of the UK, the laws of England and Wales will apply to this contract in accordance with clause 17.10 below.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the shapes and colours accurately, we cannot guarantee that a device's display of the shapes and colours accurately reflects the shape and colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 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.
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 of supply 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. Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website or, if you order by telephone or in person, will form part of your quote.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will make every effort to deliver the goods within the estimated timescales.
6.3 We are not responsible for delays outside our control. If our supply 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. 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 you have paid for but not received (we reserve the right to refuse a refund if the item you ordered was a bespoke item).
6.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 8a.m. – 5p.m. on weekdays (excluding public holidays) following confirmation the order is ready for collection. Please confirm to us when you will be collecting as soon as you are able to. Please note that when attending our premises you will be expected to adhere to our health and safety procedures which will be available upon arrival.
6.5 If you are not available when the product is delivered. If no one is available at your address to take delivery, we will either leave you a note informing you of how to rearrange delivery or, if safe to do so or agreed between us, we will leave the product at your address, and send you a photograph of these. If delivery is rearranged, we reserve the right to charge an additional delivery fee. Similarly, if you advise us that you have offloading facilities but upon delivery there are none, we reserve the right to charge an additional due to the false information provided.
6.6 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 and 9.2 will apply.
6.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and 9.2 will apply.
6.8 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or collect it from us.
6.9 When you own goods. You own a product which is goods once we have received payment in full. Until such a time as you own the goods, you shall:
a) not remove, deface or obscure any identifying mark or packaging on the product;
b) maintain the goods in satisfactory condition and keep them insured against all risks;
c) notify us immediately if you become subject to any insolvency procedure at which time you will deliver the goods back to us or allow us to collect the same; and
d) give such information relating to the goods as we may require from time to time.
6.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website or confirmed orally to you. We will contact you to ask for this information if you placed your order online. 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 (and 9.2 will apply) 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.
6.11 Reasons we may suspend the supply of products to you. 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.
6.12 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 13.5) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see se 13.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 13.7).
7. Your rights to end the contract
7.1 You can always end your contract with us. 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 and whether you are a consumer or business customer:
a) 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 use 11 if you are a consumer and 13 if you are a business;
b) If you want to end the contract because of something we have done or have told you we are going to do, see 7.2;
c) If you are a consumer and have just changed your mind about the product, see 8.3. You may be able to get a refund but this may be subject to deductions and you may have to pay the costs of return of any goods;
d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see 7.5.
7.2 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 (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to 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;
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; or
d) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
a) Products which have been made bespoke to your order; or
b) services, once these have been completed, even if the cancellation period is still running.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see e 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. 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 (or, if you have not made an advance payment, charge you) a restocking fee, together with a collection fee if we agree to collect the goods.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services or emailing us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1 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 in the same state and condition as sold. You must either return the goods in person to where you bought them, or allow us to collect them from you. Please call customer services or email us to arrange collection. Restocking fees or collection charges may apply. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.2 When we will pay the costs of return. We will pay the costs of return:
a) if the products are faulty or misdescribed; or
b) 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, 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.
8.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we may charge you the direct cost to us of collection.
8.4 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 by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
a) We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which decreases the value of the product. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. If the service has been provided, which includes installation, we may deduct from the refund the cost of any works to reverse the service provided.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see lause 9.2.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) 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;
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
d) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in se 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a restocking fee.
10. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team or write to us.
11. Your rights in respect of defective products if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. 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, for example drainage pipes, 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.
See also 8.3.
If your product is services, for example the installation of drainage pipes, 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.
See also 8.2.
11.2 Your obligation to return rejected products .If you wish to exercise your legal rights to reject defective products you must either return them in person to where you bought them, or allow us to collect them from you. Please call customer services or email us to arrange collection.
12. Your rights in respect of defective products if you are a business
12.1 If you are a business customer we warrant that on delivery any products which are goods shall:
a) conform in all material respects with their description and any relevant specification;
b) be free from material defects in design, material and workmanship; or
c) be fit for any purpose held out by us.
a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in 13.1;
b) we are given a reasonable opportunity of examining such product; and
c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3 These terms shall apply to any repaired or replacement products supplied by us under 12.2.
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website or quotation when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see 13.3 for what happens if we discover an error in the price of the product you order.
13.2 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, 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.
13.3 What happens if we got the price wrong. We take time to ensure that our website prices, images and descriptions are correct, however human error can occur and, as such, we cannot be held liable for such mistakes or any costs incurred in relation to this failure.
13.4 We reserve the right to increase the price. We may, by giving you notice of our intention to do so at least 7 days before delivery of the goods to you, increase the price of the goods to reflect the increase in the cost of the goods due to any of the following:
a) Any factor beyond our control (such as foreign exchange fluctuations);
b) Any request from the customer to change the order or delivery dates;
c) Any delay or loss caused following new instructions received from the customer or failure to provide adequate or accurate details when ordering the products.
13.5 When you must pay and how you must pay. We accept payment with all major credit and debit card providers other than American Express. When you must pay depends on what product you are buying:
a) For goods, if you ordered online you must immediately pay for the good. If ordered by telephone or in person, you must pay for the products within 30 days or receipt of our invoice. For goods, non-credit accounting customers must immediately pay for the goods ordered prior to order processing. Account holders must pay based on the terms of the agreed credit terms. For services, non-credit account customers may be required to immediately pay for the required services prior to order processing. This will be dependent on the terms of the quotation. Account holders must pay based on the terms of the agreed credit terms. We may offer a credit facility to recurring customers. Prior to providing the credit facility to you we will perform a credit check on you. If an order has been made by a customer who has the benefit of a credit facility with us, payment is to be made within 30 days from the invoice date. We reserve the right to withdraw our credit facility made available to customers at any time. Payment by our credit facility must be pre-arranged before the order is made.
13.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.7 We can charge interest if you pay late. 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% a year above the base lending rate of the Bank of England from 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. We may also charge a late payment fee. You must pay us interest and any late payment fee together with any overdue amount.
13.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us within 7 days of receipt of the invoice 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. If you do not contact us within 7 days of receipt of the invoice, you are acknowledging that the invoice is correct.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 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 products [as summarised at 11.1 and for defective products under the Consumer Protection Act 1987
14.3 When we are liable for damage to your property. If we are providing 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.
14.4 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in 15.
15. Our responsibility for loss or damage suffered by you if you are a business.
15.1 Nothing in these terms shall limit or exclude our 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; or
d) defective products under the Consumer Protection Act 1987.
15.2 Except to the extent expressly stated in se 13.1 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.
15.3 Subject to 16.1:
a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
16. How we may use your personal information
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 Damage to underground services or infrastructure. We do not accept responsibility for damage to underground services or infrastructure unless we have been provided with the necessary information in the form of maps, drawings, marked up scans or other forms of identification.
17.3 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.
17.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.5 Intellectual Property Rights. All usual Intellectual Property Rights in or arising out of or in connection with the products, services or material/content on our website shall be owned by us or our licensors. You are only permitted to use this material as expressly authorised by us or our licensors (as appropriate). We do not consent to the copying, production, distribution, republishing, downloading, displaying, posting or transmission or any content available on our website without out prior written consent, unless used for your own personal (non-commercial) use only for the purpose of use of the website. Any other use of the material contained on our website is strictly prohibited.
17.6 Third Party intellectual property rights. To the extent that the products are to be manufactured in accordance with a specification supplied by the customer, the customer shall indemnify the us 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 us 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 our use of your specifications. This Clause 17.5 shall survive termination of the contract.
17.7 Links contained on our website. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
a) the privacy practices of such websites;
b) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services thereon; or
c) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
17.8 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.
17.9 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.
17.10 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
17.11 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.