Terms & Conditions
This website is operated by: Penknight Carpentry Your use of this website is subject to your acceptance of our terms and conditions as detailed below.
1.1 Where YOU are dealing as a consumer YOUR statutory rights are not affected by these CONDITIONS. 'CONDITIONS' means the conditions set out in this document and any additional or special CONDITIONS agreed in writing by us 'ORDER' means the order recorded in writing To Penknight Carpentry Only an order form Or Quote detailing the GOODS and/or SERVICES.
1.2 ‘CONTRACT' means the contract for the sale of the GOODS and/or the provision of SERVICES which is governed by the laws of England and any dispute between YOU and US will be resolved through the Courts of England.
1.3 'DELIVERY DATE' or 'INSTALLATION DATE' means the date or dates as set out in the ORDER or otherwise confirmed by US or notified to YOU in writing when the GOODS and/or SERVICES are to be delivered/performed.
1.4 'GOODS' means the items YOU agree to buy from US as detailed in the ORDER or otherwise specified in writing.
1.5 'SERVICES' means the services to be provided by US as detailed in the ORDER or otherwise specified in writing.
1.6 'WE' or 'US' or 'OUR' means Penknight Carpentry
1.7 and shall be deemed to include our employees and agents (but not independent contractors).
1.8 'YOU' or 'YOUR' means the person, business or company who purchases or agrees to purchase the GOODS and/or SERVICES from US.
1.9 'STANDARD PRODUCT' means GOODS that are selected by YOU from OUR standard range of products.
1.10 'BESPOKE PRODUCT' means GOODS that are made to the YOUR specifications.
2.1 YOU may choose to either register an account or simply use the website as a guest.
2.2 Our range of STANDARD PRODUCTS can be selected directly and added to YOUR shopping basket.
2.3 YOU can select from our range of BESPOKE PRODUCTS and they will be added to the shopping basket. YOU must specify YOUR product requirements within the checkout process and WE will confirm YOUR ORDER.
2.4 For consumer transactions WE accept all major credit and debit cards and Bank Transfer payments. WE charge YOU 0% of the total amount of YOUR order for all credit card transactions which will be added to the price at the checkout.
2.5 If YOU wish to order a BESPOKE PRODUCT please choose the nearest larger size than YOU require. YOU must email US the details of the bespoke sizes that YOU require to email@example.com WE will then contact YOU to confirm the order.
2.6 When WE receive YOUR ORDER for any BESPOKE PRODUCTS that require glazing, WE place the glass order immediately with OUR suppliers to ensure that there are no delays in the delivery of YOUR GOODS. Please ensure that YOUR dimensions are correct as changes made after ordering may incur an additional glass charge.
2.7 PLEASE carefully read any order at all received that requires a site visit becomes automatically a bespoke order even if you have ordered a standard product from our website or from our sales or a company rep the need for us to visit whether by request or demand means that what has been ordered isn’t standard.
2.8 Same applies for a standard product order that you then request changes to no matter how big all small this automatically becomes a bespoke order.
3. DELIVERY AND INSTALLATION:
3.1 WE shall give YOU reasonable notice of the DELIVERY DATE/INSTALLATION DATE. Any dates quoted for delivery of the GOODS and/or performance of the SERVICES are approximate only (and assume no delays in payment terms as per invoice OR quote, whereupon time shall not run for the purposes of this clause) and WE shall not be liable for any reasonable delay delivery/performance arising from any circumstances beyond OUR control or by failure by YOU to give adequate instructions or any other default by YOU.
3.2 YOU will permit US to access the site where the GOODS are to be delivered/SERVICES are to be performed at all reasonable times between the hours of 7.00am up to 10.30pm Monday to Friday and between the hours of 8.30am and 10.00pm Saturday and Sunday if WE give YOU notice as soon as is practically possible, but in any event no later than the 2 hours before.
3.3 YOU agree to provide US with full and proper address details sufficient to clearly identify the delivery address.
3.4 YOU agree to advise US if there are any difficulties regarding access from the public highway to the address where the GOODS will be delivered. YOU are also responsible for ensuring that access through the property is suitable bearing in mind the size of the GOODS ordered. If the access is restricted reasonable additional charges may be payable or the GOODS may be delivered and left for YOU to arrange installation without any reduction in the price.
3.5 Where access to an adjoining property is required to allow completion of the Contract it shall be YOUR responsibility to arrange such access.
3.6 YOU agree to allow US to use YOUR property for the storage of material and equipment whilst SERVICES are being carried out. Where mains water and electricity are connected to the property YOU will provide access to these supplies to enable the SERVICES to be completed.
3.7 YOU agree to clearly indicate to US the position required for any building including the position of any doors and windows otherwise WE will not be liable for the cost of any subsequent relocation.
3.8 Unless agreed by US in writing it is YOUR responsibility to prepare a suitable base for the building and to provide a clear working area including the removal of any shrubs plants trees telephone, television or electrical cables or other similar obstructions. If the base is unsuitable reasonable additional charges will be payable.
3.9 If YOU fail to take delivery of the GOODS (otherwise than by reason of OUR fault) and/or fail to permit the performance of the SERVICES by the DELIVERY DATE/INSTALLATION DATE then without prejudice to any other right or remedy available to US WE may either store the GOODS until actual delivery and charge YOU for the reasonable costs (including transportation and insurance) of storage and charge YOU for all reasonable labour costs incurred by US or sell the GOODS at the best price readily obtainable and (after deducting all reasonable storage and selling expenses and all other reasonable costs incurred by US) account to YOU for the excess over the price or charge YOU for any shortfall below the price
WE will NOT be liable for any costs YOU incur as a result of YOU booking in joiners, builders or fitters to install your joinery if it comes later than the date estimated, it is our recommendations that you wait until all your joinery items have been delivered and YOU have checked them all and YOU are happy with everything before YOU Install or book Trades people to do so.
3.10 WE shall be entitled to deliver the GOODS (whether
under this CONTRACT or any other CONTRACT) by instalments of any size and in
any order although WE shall endeavor to deliver the GOODS/perform the SERVICES
at dates as close to each other as possible.
3.11 Unless agreed in writing WE will not be responsible for moving or altering of any gas supplies electrical plumbing television satellite telephone installations furniture or other obstructions. YOU shall be responsible for making appropriate arrangements prior to the DELIVERY DATE/INSTALLATION DATE.
3.12 It is YOUR responsibility to ensure the site is ready for installation on the INSTALLATION DATE Please note we DON’T do any electrical works in any way shape or form this includes fixing /mounting of any electrical parts or moving parts, All fitting prices we quote include travel costs.The DELIVERY DATES/INSTALLATION DATES will be from 1 to 5 working days after the dispatch dates shown in the table below:
Delivery Times For Orders Taken On Or After 20th May - 2018
|STANDARD PRODUCTS ORDERED||DISPATCH DATE (*Delivery date is normally 1-5 working days After dispatch date)|
|Windows and Front/Back doors (Softwood)||2-3 weeks from acceptance of order*|
|Windows and Front/Back doors (Hardwood)||3-4 weeks from acceptance of order*|
|French doors / garage doors (Softwood)||3-4 weeks from acceptance of order*|
|French doors / garage doors (Hardwood)||4-5 weeks from acceptance of order*|
|Bespoke products||Bespoke Terms from acceptance of order*|
|BESPOKE PRODUCT ORDERED||DISPATCH DATE (order by phone/e-mail only )|
|ALL Bespoke Products||8-12 Weeks from acceptance of order*|
4. PRICE AND PAYMENT:
4.1 All prices shown are in British Pounds Sterling (GBP) and all prices are Plus VAT where applicable Vat Reg No. 273 9668 50.
4.2 Unless otherwise agreed in writing, YOU must pay the price in full at the time of the ORDER or if a lower deposit is accepted, YOU must pay the balance of the price at least 14 working days prior to the DELIVERYDATE/INSTALLATION DATE.
4.3 WE shall be entitled to increase the price to take into account any increase in the cost which is a result of any change in specification of the GOODS and/or SERVICES which is required by YOU or a result of any delay caused by any instructions by YOU or failure by YOU to give US adequate information or instructions or in consequence of any default by YOU.
4.4 If YOU fail to make payment by the payment due date then without prejudice to any other right or remedy available to US WE shall be entitled to either cancel the CONTRACT and/or suspend any further deliveries of the GOODS to YOU or performance of the SERVICES (whether under this CONTRACT or any other CONTRACT with YOU) and/or charge YOU interest at the rate of 3% per annum above the Santander base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
4.5 Invoices will be supplied via email, it is YOUR responsibility to check the invoice and report any discrepancies in size or specification as soon as possible, but no later than 3 working days from the invoice date.
5.1 YOU acknowledge and agree that the CONTRACT specification shall reflect that timber is a natural product and variation in the finished surface, colour and grain is inevitable. With changes in climate and temperature some movement will occur and YOU will need to maintain all exposed timber with a good quality sealant and/or preservative (full details are available on request).
5.2 YOU acknowledge and agree that wood is a natural product and that knots, sap leakage, splinters, splits, contraction and expansion may occur.
5.3 Fitting prices quoted are only estimates and we reserve the right to cancel any fitting job quoted after site survey should it differ from what we quoted on. All bespoke products will still be supplied and any fitting charge will be credited unless the site survey quote is paid in full by the end user.
5.4 YOU agree to treat any supplied wood products with an appropriate treatment before exposure to Weather/climate.Treatment of any joinery products Items Supplied Untreated by Penknight Carpentry If you receive your product untreated you must fully treat your product prior to exposure to the elements, you must maintain a good level of treatment we recommend you retreat within 28 days and then further 3 monthly for the first 12 months. Should you not treat or maintain a good level of protection we will not be liable for anything such as bowing, twisting, moving, splitting, expansion or contraction.Supplied treated by Penknight Carpentry
5.5. If you receive your product fully treated from us you must maintain a good level of treatment we recommend you retreat within 28 days and then further 3 monthly for the first 12 months.
5.6. If your product is only supplied primed this is NOT protection from the elements and you must mid and top coat prior to be exposed to the elements.
5.7. Should you not retreat or maintain a good level of protection we will not be liable for anything such as bowing, twisting, moving, splitting, expansion or contraction.
We recommend sikkens or saddolin products. Please ensure you use the correct product that suits your item so if you have an external oak gate please ensure you us use an external treatment that is suitable for oak.
6. RETURNS POLICY:
6.1. INCORRECT GOODS - YOU must notify US of any GOODS delivered that were not as ordered within 48 hours of delivery. If the items are not as ordered, YOU must not open, use or install the GOODS, otherwise WE will consider that YOU have accepted the goods. WE will refund the cost of the incorrect goods including all reasonable costs incurred by YOU in the return of the goods subject to YOU complying with OUR Returns Procedure in condition 6.9.
6.2. DAMAGED GOODS - YOU must notify US of any GOODS that were delivered in a damaged condition within 48 hours of delivery. Where possible YOU must inform the courier of the damage and either accept delivery noting the damage or refuse the delivery. WE will refund the cost of any such damaged GOODS including all reasonable costs incurred by YOU in the return of the goods subject to YOU complying with OUR Returns Procedure in condition 6.9.
6.3. FAULTY GOODS - YOU must notify US of any GOODS that are faulty as soon as possible. YOU must cease using any faulty GOODS immediately and contact US via e-mail or telephone. Depending on the length of time YOU have had the GOODS we may offer YOU a repair, replacement or refund. If WE agree that the GOODS are faulty, WE will refund all reasonable costs incurred by YOU in the return of the GOODS subject to YOU complying with OUR Returns Procedure in condition 6.9.
6.4. UNWANTED STANDARD GOODS BEFORE DELIVERY- If YOU change YOUR mind for any reason before receipt of the STANDARD GOODS ordered, WE will refund YOU the original purchase cost (including any delivery costs). This condition does not apply if YOU are not acting as a consumer.
6.5. UNWANTED STANDARD GOODS AFTER DELIVERY- If YOU change YOUR mind for any reason within 7 working days of the receipt of the STANDARD GOODS ordered, WE will refund YOU the original purchase price (including any delivery costs). YOU must not have used the GOODS to the extent of altering, drilling, painting or sealing and YOU must return them to US in compliance with our Returns Procedure in condition 6.9 at YOUR expense. If YOU wish to return the STANDARD GOODS after 7 working days WE may, at our discretion, accept the return of the GOODS at YOUR expense, subject to a restocking charge of 35% of the original price (including any delivery costs). This condition does not apply if YOU are not acting as a consumer.
6.6. UNWANTED BESPOKE GOODS BEFORE DELIVERY If YOU change
6.7. YOUR mind for any reason before receipt of the BESPOKE GOODS ordered, ANY deposit paid up to 75% of the value of a BESPOKE order is none refundable after 5 working days of order date/payment received. WE will have purchased materials and YOUR deposit will cover this, IF YOU HAVE MADE FULL PAYMENT WE WILL REFUND 25% within 14 days of written cancelation by the same method you paid US. This condition stands on all quotes and invoices and is not subject to change under any circumstances unless agreed in writing before payment date by the Owner of Penknight Carpentry Only (Anybody else’s Authorisation will be void) WE may, at our discretion, offer YOU a refund of the original purchase price if we feel the items can be sold on at cost We WILL charge YOU 55% of the original price or £5000 (whichever is the greater). This condition does not apply if YOU are not acting as a consumer. (Any form of Bespoke Oak Redwood Pine, Windows –Front and Back Doors – Screens - -Garage Doors French Doors ARE excluded from this and fall under 6.6) Bespoke is a product made to YOU Sizes and Specifications, If you order “standard” Goods and request a Site Survey to be carried out and the goods change in any way shape or form the order becomes BESPOKE. If WE order goods outside of joinery products to go with your order any cancelations or returns or them will be subject to the manufactures terms of trading. If they have been supplied and faulty YOU Must allow us to collect and return them to the manufactures for assessment before ANY replacement or credit of them could be agreed. Please note any external 3rd party parts ordered in and delivered are treated 100% separate to the joinery products. (Means if you had a faulty hinge and nothing wrong with joinery product WE would Only resolve the Hinge). Should any disagreement OR dispute happen during production We as a business will halt production with immediate effect this is to protect US as a business to been exposed to losses and YOU as the customer to further costs. Should the disagreement OR dispute be resolved amicably the remainder of the lead-time starts on written agreement between us. (Example you order a Bespoke gate on 8-16 weeks on the 8th week dispute or disagree with something production is halt with imitate effect leaving 8 weeks left to complete an order upon written conformation between both parties agreeing to continue production there will still be 8 weeks left for US to complete the Order)
6.8. UNWANTED BESPOKE GOODS AFTER DELIVERY- If YOU change YOUR mind for any reason following receipt of the BESPOKE GOODS ordered, WE may offer YOU a refund of the original purchase price, (excluding any delivery costs), less a restocking fee of 75% of the original price (including any delivery costs) Should WE feel they can be sold on. YOU must not have used the GOODS (including altering, drilling, painting or sealing) and YOU must return them to US in compliance with our Returns Procedure in condition at YOUR expense. This condition does not apply if YOU are not acting as a consumer.
6.9. REFUNDS – Any refunds offered or agreed will be made back to YOUR original payment method within 14 days.
6.10.RETURNS PROCEDURE - YOU must obtain a Return Merchandise Authorisation (RMA) number from US before returning any GOODS. This number must be clearly shown on the outer packaging of the returned GOODS and the RMA number must be quoted in any subsequent correspondence. Any returned GOODS, must be securely packaged and sent to:Penknight Carpentry Penknight lane , Lostwithiel, Cornwall,PL22 0HZ
6.11.All cancelations must be in writing to firstname.lastname@example.org only. Cancellations either verbal or to another email address will NOT be accepted.
7. APPROVALS AND CONSENTS:
7.1. It is YOUR responsibility to obtain all relevant and necessary approvals and consents including but not limited to any Party Wall Act matters deed of covenant or landlord approval and/or those required from local authorities in respect of building regulations planning permission alterations to listed buildings or alterations carried out in a conservation area and. We shall not be liable for any delay in completion of the Contract arising from YOUR failure or delay in obtaining any of the above approvals or consents.
7.2. If YOU do not apply for the correct permissions and the structure has to be removed by US YOU will be liable for any cost incurred by US.
8. WARRANTIES GUARANTEES AND LIABILITIES:
8.1. When YOU are acting as a consumer WE will pass onto YOU the full benefit of any manufacturer's or supplier's guarantee available in respect of the GOODS and/or SERVICES.
8.2. When YOU are not acting as a consumer all GOODS and/or SERVICES are provided on an “As is” basis and to the fullest extent permitted by law, WE exclude all representations and warranties (whether express or implied) including the implied warranties of satisfactory quality and fitness for a particular purpose.
9. FORCE MAJEURE:
9.1. WE shall not be liable for any delay in performing or failure to perform due to any Act of God, war, strikes, lock-out, industrial action, fire, flood, drought, tempest or any other event beyond OUR reasonable control. Such delay or failure will not constitute a breach of this CONTRACT and time for the performance of the effected obligations will be extended by such period as is reasonable.
© Penknight Carpentry 2018. All rights reserved.