Terms And Conditions

Introduction

These Online Sales Terms & Conditions (“Terms”) govern the purchase of Goods through the UK Shelving website (“Website”) and set out the rights and obligations of both UK Shelving Ltd (“the Company”) and the Customer.

By placing an Order through the Website, the Customer confirms that they have read, understood and agree to be bound by these Terms.

These Terms apply to purchases made directly through the Website by both consumers and business customers. Where the Customer is contracting as a consumer, nothing within these Terms shall affect their statutory rights.

These Terms apply only to Orders placed through the Website. Orders placed following a quotation, under a trade account, for bespoke storage solutions, installation services, commercial projects or any other business agreement shall be governed by the Company’s Standard Terms & Conditions of Sale, which shall take precedence over these Terms.

The Company reserves the right to amend these Terms from time to time. Any amendments shall apply only to Orders placed after the revised Terms have been published on the Website.

1. Interpretations & Definitions

1.1   Interpretation – Unless the context otherwise requires:

1.1.1         words importing the singular include the plural and vice versa

1.1.2         references to any statute or statutory provision include any amendment, modification or re-enactment of that legislation from time to time.

1.1.3         headings are included for convenience only and shall not affect the interpretation of these Terms.

1.1.4         references to writing or written include email communication unless otherwise expressly stated.

1.2   In these Terms, the following expressions shall have the meanings set out below:

1.2.1         Company means UK Shelving Ltd.

1.2.2         Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

1.2.3         Contract means the legally binding agreement between the Company and the Customer for the purchase of Goods through the Website, formed in accordance with Section 5.

1.2.4         Customer means the individual, company or organisation placing an Order through the Website.

1.2.5         Goods means the products supplied by the Company under the Contract.

1.2.6         Order means the Customer’s request to purchase Goods through the Website.

1.2.7         Order Confirmation means the automated email acknowledging receipt of an Order. An Order Confirmation does not constitute acceptance of the Order by the Company.

1.2.8         Website means the UK Shelving website through which Goods are offered for sale.

1.2.9         Working Day means any day other than a Saturday, Sunday or public holiday in England when banks are open for business.

2. Website Use

2.1   The Website is provided to enable Customers to browse, obtain information about and purchase the Company’s Goods, or to submit enquiries for bespoke storage solutions.

2.2   The Company shall use reasonable endeavours to ensure that the information published on the Website is accurate and up to date. However, the Company cannot guarantee the Website or its content is free from errors, omissions or interruptions.

2.3   Product photographs, illustrations, drawings, dimensions and specifications published on the Website are provided for general guidance only. Whilst every effort is made to ensure their accuracy, minor variations may occur and shall not constitute a breach of contract.

2.4   The Customer must not misuse the Website, knowingly introduce viruses or malicious software, attempt to gain unauthorised access to the Website or interfere with its operation.

2.5   The Company reserves the right to suspend, withdraw or amend any part of the Website without notice where reasonably necessary for maintenance, security, operational or commercial reasons.

2.6   The Website is intended for use by Customers within the United Kingdom. Customers wishing to arrange delivery outside the United Kingdom should contact the Company before placing an Order.

3. Products & Product Information

3.1   The Company offers a wide range of shelving, racking, storage equipment and associated products through the Website. Certain bespoke products, warehouse design services and installation services are not available for purchase online and are supplied only following consultation with the Company’s sales team.

3.2   The Company shall use reasonable endeavours to ensure that product descriptions, specifications, dimensions, images and pricing displayed on the Website are accurate. However, the Company reserves the right to correct any errors, omissions or inaccuracies prior to accepting an Order.

3.3   Product photographs, colours and finishes displayed on the Website are intended to provide a representative illustration only and may vary slightly from the Goods supplied.

3.4   All product dimensions, weights and capacities should be treated as approximate unless expressly stated otherwise.

3.5   The Company reserves the right to improve, modify or update product specifications without prior notice, provided such changes do not materially reduce the functionality or quality of the Goods supplied.

3.6   Where the Company proposes supplying an alternative manufacturer or equivalent product, this shall only be done with the Customer’s prior agreement.

3.7   Product availability displayed on the Website is provided for guidance only. Where Goods subsequently become unavailable, the Company shall contact the Customer to agree an alternative delivery date, an alternative product (where acceptable to the Customer) or cancel the Order and issue a full refund.

4. Prices & Promotions

4.1   All prices displayed on the Website are shown in Pounds Sterling (GBP).

4.2   Customers may choose whether prices are displayed inclusive or exclusive of VAT. VAT shall be charged at the prevailing rate where applicable and shall be clearly identified during the checkout process.

4.3   Delivery charges are calculated separately and displayed during the checkout process before the Customer places an Order.

4.4   Whilst every effort is made to ensure that pricing published on the Website is accurate, errors may occasionally occur. The Company reserves the right to correct any pricing error before accepting an Order and, where necessary, to cancel the Order and provide a full refund.

4.5   Promotional offers, discount codes and special pricing shall apply only in accordance with their published terms and conditions.

4.6   Unless expressly stated otherwise:

4.6.1         promotional codes cannot be exchanged for cash and have no cash value.

4.6.2         only one promotional code may be used per Order.

4.6.3         promotional codes cannot normally be used in conjunction with any other offer.

4.6.4         the Company reserves the right to amend or withdraw any promotion at any time without prior notice.

4.7   Website prices may differ from prices contained within quotations, catalogues or other sales literature issued by the Company.

5. Orders & Contract Formation

5.1   Orders may be placed through the Website by following the online checkout process.

5.2   By placing an Order, the Customer confirms that the individual placing the Order is authorised to act on behalf of the Customer and has the legal authority and capacity to enter into a binding contract on the Customer’s behalf.

5.3   Following submission of an Order, the Customer will receive an automated Order Confirmation acknowledging receipt of the Order. The Order Confirmation is issued automatically and does not constitute acceptance of the Order by the Company.

5.4   All Orders are subject to acceptance by the Company. The Contract shall only be formed when the Company confirms acceptance of the Order by email.

5.5   The Company reserves the right to refuse or cancel any Order prior to acceptance where reasonably necessary, including (but not limited to):

5.5.1         the Goods are unavailable.

5.5.2         an obvious pricing or product description error has occurred.

5.5.3         payment cannot be authorised or has failed.

5.5.4         fraud or unauthorised activity is suspected.

5.5.5         delivery to the requested address is not reasonably practicable.

5.5.6         any other circumstance which would prevent the Company from fulfilling the Order.

5.6   Where the Company is unable to accept an Order after payment has been received, the Customer shall be offered the option of:

5.6.1         waiting until the Goods become available.

5.6.2         selecting an alternative product (where available).

5.6.3         receiving a full refund.

5.7   The Company reserves the right to limit quantities purchased were reasonably necessary.

5.8   The Customer is responsible for ensuring that all information submitted as part of the Order, including billing details, delivery address and contact information, is accurate and complete.

6. Payment

6.1   Unless otherwise agreed in writing, payment in full must be received before the Goods are dispatched.

6.2   The Company accepts payment by: Visa, Mastercard, PayPal, Apple Pay, Google Pay. American Express is not currently accepted.

6.3   The Company uses secure third-party payment providers to process online payments. Payment card details are not stored by the Company.

6.4   Where payment authorisation cannot be obtained, the Company shall not be obliged to accept or fulfil the Order.

6.5   Ownership of the Goods shall remain with the Company until payment has been received in full in accordance with Section 11.

6.6   The Company reserves the right to cancel an Order where payment has not been successfully completed.

7. Delivery

7.1   Delivery times displayed on the Website are estimates only and do not constitute guaranteed delivery dates. Delivery dates are estimates only and time shall not be of the essence unless expressly agreed in writing.

7.2   Following acceptance of an Order, the Company shall use reasonable endeavours to confirm the anticipated delivery date.

7.3   The Company delivers throughout mainland England, Wales and Scotland.

7.4   Additional delivery charges and extended delivery times may apply to deliveries within certain areas of Scotland.

7.5   Deliveries to Northern Ireland, the Channel Islands, the Isle of Man and other offshore or international locations are available upon request and shall be subject to quotation.

7.6   The Company may deliver an Order in instalments or split deliveries where reasonably necessary. No additional delivery charge shall apply unless agreed otherwise.

7.7   Where Goods are delivered on pallets, the Customer is responsible for providing suitable unloading equipment at the delivery address, including a forklift truck or other appropriate mechanical handling equipment.

7.8   Where the Customer is unable to unload palletised Goods, the Company may, at its sole discretion, arrange manual offloading for an additional charge. Such service is subject to carrier availability and cannot be guaranteed.

7.9   Where manual offloading has been agreed, the charge is £25.00 plus VAT per pallet unless otherwise agreed in writing.

7.10                       The Customer shall ensure that adequate access is available for the delivery vehicle.

7.11                       Where delivery cannot be completed because:

7.11.1      the Customer is unavailable.

7.11.2      suitable unloading facilities are not provided.

7.11.3      access restrictions were not disclosed prior to dispatch.

7.11.4      the Customer refuses delivery without reasonable cause.

7.11.5      the Company reserves the right to recover any additional costs incurred, including storage, re-delivery and carrier charges.

7.12                       The Customer shall inspect the Goods upon delivery. Any visible damage, shortages or incorrect Goods must be noted on the delivery documentation where possible and reported to the Company within forty-eight (48) hours of delivery.

7.13                       The Customer shall notify the Company of any concealed damage or shortages as soon as reasonably practicable after discovery.

7.14                       Risk in the Goods shall pass to the Customer upon completion of delivery.

8. Returns & Cancellations

8.1   Nothing within this Section affects a Consumer’s statutory cancellation rights under applicable consumer legislation.

8.2   The Customer may return standard stocked Goods within fourteen (14) days of delivery, provided that:

8.2.1         the Goods are unused, undamaged and in a fully resalable condition.

8.2.2         the Goods are returned in their original packaging wherever reasonably possible.

8.2.3         the Customer has notified the Company of their intention to return the Goods within fourteen (14) days of delivery.

8.3   Accepted returns of standard stocked Goods shall be subject to:

8.3.1         a restocking charge of fifteen percent (15%) of the purchase price.

8.3.2         the Customer arranging and paying for the return carriage unless otherwise agreed.

8.3.3         deduction of any original delivery costs realised by UK Shelving where applicable (not just the delivery charge paid by the customer upon placing an order).

8.4   Bespoke, made-to-order or specially manufactured Goods are non-returnable unless they are faulty or not supplied in accordance with the Contract.

8.5   Where the Customer refuses delivery without reasonable cause, the Company reserves the right to recover any costs incurred, including carriage, return transport, storage and administration costs.

8.6   The Customer may cancel an Order before dispatch by contacting the Company.

8.7   Where manufacture, procurement or processing of the Goods has commenced, the Company reserves the right to deduct any reasonable costs incurred prior to cancellation.

8.8   Nothing within this Section affects any statutory rights available to Consumers.

9. Warranty

9.1   Where Goods are supplied with a manufacturer’s warranty, the benefit of that warranty shall be passed to the Customer where applicable.

9.2   The Company shall use reasonable endeavours to assist Customers in progressing legitimate warranty claims with manufacturers.

9.3   Warranty claims shall not apply where any defect arises from:

9.3.1         Misuse.

9.3.2         overloading.

9.3.3         accidental damage.

9.3.4         improper installation by persons other than the Company.

9.3.5         modification or alteration of the Goods.

9.3.6         failure to follow installation or operating instructions.

9.3.7         fair wear and tear.

9.4   The Customer shall notify the Company as soon as reasonably practicable upon discovering any alleged defect.

9.5   The Company reserves the right to inspect, test or request photographs of the Goods before determining whether a warranty claim is valid.

10. Retention of Title

10.1                       Ownership of the Goods shall remain with the Company until payment has been received in full.

10.2                       Risk in the Goods shall pass to the Customer upon delivery in accordance with Section 7.

10.3                       Until ownership passes, the Customer shall store the Goods separately where reasonably practicable and take reasonable care to protect them from loss or damage.

11. Limitation of Liability

11.1                       Nothing within these Terms shall exclude or limit the Company’s liability for:

11.1.1      death or personal injury caused by negligence.

11.1.2      fraud or fraudulent misrepresentation.

11.1.3      any liability which cannot lawfully be excluded.

11.2                       Subject to Clause 11.1, the Company’s total liability arising from any Contract shall not exceed the total value of the relevant Order.

11.3                       Subject to Clause 11.1, the Company shall not be liable for:

11.3.1      indirect or consequential loss.

11.3.2      loss of profit.

11.3.3      loss of business.

11.3.4      loss of revenue.

11.3.5      loss of anticipated savings.

11.3.6      any loss arising from misuse or incorrect installation of the Goods by the Customer or any third party.

11.4                       Nothing within these Terms shall affect any statutory rights available to Consumers.

12. Intellectual Property

12.1                       All copyright, trademarks, logos, photographs, drawings, product information, graphics and other intellectual property displayed on the Website remain the property of the Company or its licensors.

12.2                       No content from the Website may be copied, reproduced, distributed or used for commercial purposes without the Company’s prior written consent.

13. Privacy & Data Protection

13.1                       The Company processes personal data in accordance with its Privacy Policy.

13.2                       The Privacy Policy forms part of the Company’s overall legal information and is available on the Website.

13.3                       The Company shall process personal information in accordance with all applicable data protection legislation.

14. Force Majeure

14.1                       The Company shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond its reasonable control.

14.2                       Such circumstances may include, but are not limited to:

14.2.1      severe weather, flood, fire or other natural events.

14.2.2      war, terrorism, civil unrest or government action.

14.2.3      epidemic or pandemic.

14.2.4      interruption or failure of transport networks.

14.2.5      delays or failures affecting manufacturers, suppliers or third-party carriers beyond the Company’s reasonable control.

14.2.6      shortages of raw materials or manufacturing capacity.

14.2.7      any other event beyond the Company’s reasonable control.

14.3                       Where a Force Majeure Event affects the Company’s ability to fulfil an Order, the Company shall use reasonable endeavours to keep the Customer informed and resume performance as soon as reasonably practicable.

14.4                       Where a Force Majeure Event prevents the Company from fulfilling an Order for an extended period, the Company reserves the right to cancel the affected Order and provide the Customer with a full refund for any Goods not supplied.

14.5                       Nothing within this Section shall affect the Customer’s obligation to pay for any Goods that have already been delivered.

15. General

15.1                       These Terms constitute the entire agreement relating to Orders placed through the Website.

15.2                       No variation to these Terms shall be binding unless confirmed in writing by the Company.

15.3                       If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.4                       No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right.

15.5                       The Company may amend these Terms from time to time. Any amendments shall apply only to Orders placed after the revised Terms have been published on the Website.

15.6                       A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

16. Governing Law & Jurisdiction

16.1                       These Terms, together with any Contract formed under them, shall be governed by and construed in accordance with the laws of England and Wales.

16.2                       The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or any Contract formed under them.