Terms and Conditions
CMS WARDROBES LTD
GENERAL CONDITIONS OF SALE
1. Definitions
“We”, “Us” and “Our” means CMS Wardrobes Ltd (UK Company registration number 10477573) trading as My Sliding Wardrobe primarily but not exclusively through the website www.myslidingwardrobe.co.uk
“You” and “Your” means the person, firm or company including employees, agents and sub-contractors by whom the Goods are commissioned and purchased.
“Goods” means the materials, works or services described in The Contract, typically the supply and Delivery but not installation of custom made to measure metal framed sliding glass and woodwork doors, metal tracks, accessories, fixings and complimentary MFC products.
“Quotation” means Our last issued Quotation document or online order summary, which operates in accordance with these CMS Wardrobes Ltd General Conditions of Sale and defines the scope of the Invoice.
“Invoice” means Our last issued Invoice document or online checkout summary, which operates in accordance with these CMS Wardrobes Ltd General Conditions of Sale and the Quotation.
“3rd Party Installer” means a 3rd party person, firm or company contracted by You for the purpose of installing the Goods and who is not an employee, agent or sub-contractor of CMS Wardrobes Ltd
2. The Contract
You agree to purchase and We agree to supply and deliver only the Goods in accordance with these CMS Wardrobes Ltd General Conditions of Sale. In the event of any conflict or apparent conflict between You and Us, these CMS Wardrobes Ltd General Conditions of Sale shall always prevail over Your terms and conditions of purchase. Your acceptance of Our Quotation and any payment of the subsequent Invoice or the agreed Delivery of Goods in absence of payment shall be taken to imply that You have accepted the terms and conditions of the contract and the full scope of the Quotation & Invoice. No addition, alteration or substitution of these conditions including those in Your purchasing conditions will form part of the contract unless and until accepted in writing by Us on an authorised headed document.
3. Proper Law & Jurisdiction
The Contract shall be governed by and construed in accordance with English law and all parties shall submit to the non-exclusive jurisdiction of the English courts.
4. Quotation & Invoice
All Goods purchased will be quoted on an individual order basis by Us to You either as an issued document or through the order summary of myslidingwardrobe.co.uk website confirming the scope of what has been requested and the Price of the Goods. This Quotation will be followed by an invoice by Us to You either as an issued document or through the checkout summary of the myslidingwardrobe.co.uk website, confirming all information required to accept The Contract and pay for the Goods. By accepting the invoice or by making any Payment towards it, You are accepting the scope of The Contract in full. Quotation validity is not fixed and Quotations are always subject to availability.
5. Price & Payment
You will purchase from Us the delivered Goods at the price agreed in the Invoice and in accordance with these CMS Wardrobes Ltd General Conditions of Sale. If the Invoice contains the incorrect price or if no price is stated on the Invoice, then the price for the delivered Goods will remain at the rates detailed in the Quotation. The Goods are always subject to availability and VAT at a rate of 20%. Unless agreed otherwise by Us in writing on an authorised headed document, You shall pay Us for the Goods agreed in the Quotation at a price confirmed in the Invoice at the point of order. If payment is not received or retained by Us either through non-payment or through dispute once the Invoice has been accepted by You and the order has been placed with Us, We reserve the right to arrange for the collection or demand the return of any delivered Goods and to charge You reasonable costs for this activity. We also reserve the right to charge You interest on the monies outstanding, calculated on a daily basis until payment is made in full, whether before or after judgment. Such interest shall be calculated at the rate of 8% per annum above the base lending rate from time-to-time of Barclays Bank plc. In addition, We reserve the right to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Delivery
Delivery of the Goods will be made by Us or Our courier to the delivery address specified by You and confirmed on the Invoice and delivery ticket. We are able to deliver to all of mainland UK (only) and We reserve the right to make changes to delivery charges and The Contract after Payment has been made by You but before the Goods have been manufactured. If You do not accept these changes, We may enforce Our Right of Cancellation. We will take all reasonable steps to secure delivery of the Goods within 10-25 working days of the date the Invoice is paid in full depending on what delivery service is selected, however time is not of the essence for the purposes of this target and no delivery will be attempted if You do not respond when a delivery date is being proposed. Our free and chargeable delivery services are all subject to availability and any advertised delivery window is a target and comes with no guarantee, although Our best efforts will be made to meet that target. If You do not accept a pre-arranged delivery, then We reserve the right to charge You up to £95 inclusive of VAT to re-process and re-deliver the Goods at a later date. If You wish to change the delivery date once it is agreed, then You must give Us no less than three full working days notice prior to the planned delivery date. If less than three full working days is given by You, the delivery date change may not be accepted by Us. It is Your responsibility to check the Goods meet The Contract and for patent defects before accepting them and make any damage known to Us within 24 hours of the delivery. We cannot accept liability for Goods damaged after delivery if accepted by You in satisfactory condition 24 hours after delivery. Additionally, it is Your responsibility to ensure the Goods are checked fully before any installation is undertaken. If there are any damaged, incorrect or missing items which have not been previously identified by You on delivery and which could hold up completion of the installation, Your installer may charge You for delays and / or subsequent return visits and We will not be held responsible or liable for any of these or related delay costs.
7. Quality
The Goods shall,
i) Conform in every respect with the provisions of The Contract and the scope of the Quotation.
ii) Be fit for the purpose made known by You.
iii) Comply with any current applicable legislation.
iv) Arrive in good time at the location specified at the point of Invoice.
8. Website Accuracy
The content of the pages of www.myslidingwardrobe.co.uk is for Your general information and use only and is subject to change without notice. Neither We nor any third parties provide any guarantee as to the accuracy, timeliness, performance, completeness or suitability of the visuals, materials and information found or offered on www.myslidingwardrobe.co.uk for any particular purpose. This includes the appearance of colours, textures, finishes, shapes, designs or scaling relating to any of the photos, images, sketches, descriptions or visual two and three dimensional graphics rendered in any browser and displayed on any screen or device. You acknowledge that such visuals, materials and information may contain inconsistencies, inaccuracies or errors and although every effort shall be made by Us to ensure visuals, materials and information displayed on www.myslidingwardrobe.co.uk are a true representation of the physical item being designed, viewed or purchased. We expressly reject any liability for any such differences, inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on www.myslidingwardrobe.co.uk is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through www.myslidingwardrobe.co.uk meets Your specific requirements and expectations.
9. Variations
You have the right before Delivery, to request a change including cancellation of the Goods purchased and We reserve the right to refuse these changes as the Goods are normally custom made to measure. If changes are agreed between You and Us which will cause an increase to the Price of the Goods then We will advise You through a revised Quotation and Invoice or other written communication and We are to receive the necessary balancing Payment before The Contract and Delivery are progressed further. If changes are agreed between You and Us which will cause a reduction to the Price of the Goods, then We will advise You through a revised Quotation and Invoice or other written communication and the relevant over-payment agreed by Us will be returned to You within five working days of the agreed change. Each agreed change to the Goods once Payment has been received by Us is to have precedence over any earlier Quotation or Invoice.
10. Our Right of Cancellation
We may terminate The Contract and cancel the Goods including any agreed Variation without financial penalty at any point prior to the Delivery of Goods by sending You an email notice of termination. Any Payment made by You to Us for the Goods cancelled by Us will be returned to You within five working days of the cancellation confirmation.
11. Warranty
Components of the Goods with moving parts supplied by Us to You are guaranteed for twelve years against failure and We offer a one year warranty on everything else including sub-standard workmanship, subject to the specification of the Goods as per the Invoice. If You wish to make a warranty claim, You must notify Us in writing and then return the Goods at Your cost to Us, where We will make a full inspection within two working days. If We believe Your claim to be invalid, We will immediately inform You in writing with a full explanation and where necessary photographs and evidence. You will have the opportunity to discuss any decision made by Us. Where any valid claim based on any defect in the Quality or condition of the Goods or their failure to meet specification is notified to and accepted by Us in accordance with these CMS Wardrobes Ltd General Conditions of Sale, We shall refund Your return shipping costs within ten working days (subject to a valid receipt and up to a gross value of £95) and We shall be entitled to replace or exchange the Goods (or part thereof) free of charge. At Our sole discretion, We may choose to refund to You the Price of the Goods (or a proportionate part of the Price) within five working days and if accepted, We shall have no further liability to You. The warranty does not apply to Goods which swell due to intake of or exposure to excessive moisture or any other neglect or misuse on the part of You after Delivery. Our liability under this warranty shall not extend to costs or charges (without limitation) of unfixing, reaffixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect Your statutory rights).
12. Installation
We do not directly undertake installation services and as such, the installation of the Goods does not in any way form part of The Contract. An installation pack (booking voucher) which can be included in the Goods, is a voucher which sets out the value of the installation of the Goods to be paid directly to a participating 3rd Party Installer. It covers the cost of identifying and maintaining a contingent of 3rd Party Installers willing to participate in a national pre-agreed rate scheme and covers the one off cost of allocating a suitable 3rd Party Installer. Any agreement relating to the installation of the Goods will exist between You and the 3rd Party Installer and is explicitly not part of The Contract between You and Us. The installation pack (booking voucher) is only refundable if no suitable 3rd Party Installer can be found and this will be assessed solely by Us using Our reasonable judgement and discretion, with all decisions final. Any successful refund request will be limited to the value of the installation pack (booking voucher) only. As installation does not form part of the Goods or The Contract, We will not be held responsible or accept any liability in any way for any costs, damages or injury caused during the installation or caused by the 3rd Party Installer. It is Your responsibility to ensure that when You enter into an agreement with the 3rd Party Installer to undertake the installation, You fully understand the terms and conditions relating to that agreement as they are not included in The Contract with Us. By paying the 3rd Party Installer, it is implied that You are confirming Your complete satisfaction with the installation works and that they have been completed to the required level of Quality and specification. Additionally, it is Your responsibility to ensure the Goods are checked fully before installation is undertaken. If there are any damaged, incorrect or missing items which have not been previously identified by You on Delivery and which could hold up completion of the installation, Your 3rd Party Installer may charge You for delays and / or subsequent return visits and We will not be held responsible or liable for any of these or related delay costs.
13. Force Majeure
We shall not be liable to any party or deemed to be in breach of The Contract by reason of any delay or failure to perform any of Our obligations in relation to The Contract, if the delay or failure was due to any cause beyond Our reasonable control, including (without limitation) any strike, lockout or other labour dispute, adverse weather conditions, travel delays and mechanical breakdowns, failure of power supplies, war, act of hostile forces, epidemic or pandemic, civil disturbance, extensive disruption of public services or other events or circumstances outside Our reasonable control.
14. Dispute Resolution
If any claim or dispute arises under or in connection with The Contract, both parties will attempt to settle such claim or dispute by negotiation. If both parties have not settled any claim or dispute by negotiation within 20 working days from the initiation of the dispute, the dispute shall be referred to and finally resolved by the courts in accordance with clause three.
15. Limitation of Liability
The following provisions set out the entire financial liability of CMS Wardrobes Ltd (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You in respect of any failure to supply Goods without reasonable care and skill, any breach of the conditions, any representation, statement or tortuous act or omission including negligence arising under or in connection with The Contract.
i) Except as set out explicitly in the conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from The Contract. Nothing in these conditions excludes or limits the liability of Us for death or personal injury caused by Our negligence, for any matter which it would be illegal for Us to exclude or attempt to exclude Our liability or for fraud or fraudulent misrepresentation.
ii) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of The Contract shall be limited to the Price only and We shall not be liable to You or any party for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential and any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with The Contract.
iii) This Clause (15) shall survive termination of The Contract.
16. Additional Rights
The following provisions set out additional rights under this agreement,
i) Any failure by Us to enforce any or all of these conditions shall not amount to, or be interpreted as, a waiver of any of Our rights or of the right at any time subsequently to enforce all conditions of these CMS Wardrobes Ltd General Conditions of Sale.
ii) If any term in these CMS Wardrobes Ltd General Conditions of Sale is held invalid, this shall not affect the validity of the remaining terms.
iii) All rights granted to Us shall be cumulative and no exercise by You or Us of any right under The Contract shall restrict or prejudice the exercise of any other right granted by The Contract or otherwise available to it.
iv) The Contract and all rights under it may be assigned, transferred or sub-contracted out by Us.
v) The headings in these conditions are for reference purposes only and shall not affect the interpretation of these conditions.
vi) Any person who is not a party to The Contract has no rights under The Contracts (Rights of Third Parties) Act 1999 to enforce any of the conditions.
17. Intellectual Property
All Intellectual Property Rights and all other rights associated with the Goods are owned by Us solely including all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered including all applications for any renewals or extensions of such rights and all similar or equivalent rights or forms of protections in any part of the world. www.myslidingwardrobe.co.uk contains material which is owned by Us and includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited and unauthorised use of www.myslidingwardrobe.co.uk may give rise to a claim for damages and/or be a criminal offence.
18. Confidentiality
Any information about Us communicated to You in connection with The Contract shall be used for the sole purpose of carrying out The Contract, shall be kept confidential and shall not be published or disclosed to any third party without written consent by Us on an authorised headed document.
19. Customer Services
Please email Us at info@myslidingwardrobe.co.uk or call Us on 0161 498 6444 if You have any question, query or concern relating to Your Goods, Quotation, Invoice or a potential order with Us.