Terms and conditions Xclusivebarbecues
“We” or “us” means Xclusivedecor Limited, trading as Xclusivebarbecues.co.uk of the Exchange House Centre, Exchange Street, Norfolk, NR17 2AB
“You” means the person who buys or agrees to buy goods from us.
1 The contract between us
We must receive payment of the whole of the price for the goods that you order in cleared funds before your order can be accepted (the “Order”). Once payment has been received by us we will confirm that your Order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your Order brings into existence a legally binding contract between us (the “Contract”).
2.1 The prices payable for the goods specified in your Order are as set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3 Description of goods
3.1 We may make changes in the specification of the goods which do not affect their quality or performance where such changes are required to conform with any applicable legal requirements.
3.2 Photographs provided on the website are for illustrative purposes only and may not exactly match the goods themselves.
3.3 The goods are only suitable for use within the United Kingdom. If you intend to use the goods outside of the United Kingdom, please contact us to discuss your specific needs so that we can advise as to whether or not goods are suitable for your intended use.
4 Right for you to cancel your contract
4.1 The right for you to cancel your contract as set out in this paragraph 4 does NOT apply to goods you have ordered which are manufactured to your specification or which cannot readily be returned.
4.2 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.3 To cancel your contract you must notify us in writing. You must also email us in advance.
4.4 If you have received the goods before you cancel your contract then, unless you are unable to cancel your contract under clause 4.1 above, you must send the goods back to our contact address at your own cost and risk via insured recorded delivery so that they are received by us within 7 days of the day on which you notify us in writing that you are cancelling your contract. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at contact address given by us at your own cost and risk so that they are received by us within 21 days of the day on which you notify us in writing that you are cancelling your contract.
4.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of the day on which you notify us in writing that you are cancelling your contract PROVIDED THAT the goods in question are returned by you and received by us as new, in their original packaging and in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5 Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6 Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order unless otherwise agreed in writing with you. We will not deliver to addresses outside of mainland United Kingdom this includes, amongst others, addresses in the Isle of Wight, Isle of Man, Channel Islands, Isle of Skye.
6.2 We will inform you of the anticipated delivery date for the goods which you have ordered and any date notified to you for delivery will be approximate only. Where you are getting a third party to install the goods you should not make arrangements for such third party to install the goods until you are in receipt of the goods.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.4 Goods damaged in transit must be noted at the time of delivery, documented on the delivery note and delivery refused. It is your responsibility to check the goods for damage with the delivery driver and to notify us of any damages within a reasonable period. We will not accept claims for goods damaged in transit that were signed for as being in good condition, unchecked or wording to that effect.
6.5 A signature will be required when the goods are delivered. We are under no obligation to identify the person signing on your behalf or to establish whether or not such person is authorised to sign for the goods on your behalf.
6.6 Where we have agreed a delivery date with you and our carrier but you are not present to receive the delivery, we reserve the right to charge you a minimum of £70 to cover the cost of the failed delivery.
6.7 For palletised deliveries, the goods will be delivered as close as possible to the front door of the delivery address you have given us. If this location is unreachable for any reason, such as a narrow street, up a flight of stairs (such as flats), or any other obstruction, delivery will be made as near to your property as possible.
6.8 For palletised deliveries, the driver is NOT insured to take the goods inside your property. The pallet will be delivered to a location as stated in clause 6.5, and it is strongly recommended that at least 2 able bodied persons are available to receive the delivery and carry the goods inside.
7.1 If the goods we deliver are not what you ordered or are defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 60 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the due date for delivery of the goods under the Contract.
7.3 If you notify a problem to us clause 7.3 above, our only obligation will be, at your option:
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any goods that are damaged or defective; or
7.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.4 For defective goods returned to us we will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective goods. Goods returned by you because of a defect not caused by you or your servant or agent will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us
7.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition or where delivery does not take place on the anticipated delivery date notified to you and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
7.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at XCLUSIVEDECOR LIMITED,LOWFIELD HOUSE, 222 WELLINGTON ROAD SOUTH, STOCKPORT, CHESHIRE, UNITED KINGDOM, SK2 6RS and all notices from us to you will be displayed on our website from to time.
9 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12 Notification of changes
We may change these terms and conditions from time to time without notice. Any changes will apply to subsequent orders.
13 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15 Entire agreement