JOE GRAHAM & SON LTD – TERMS AND CONDITIONS
These terms & conditions (‘Terms’) apply to any contract for the supply of Goods, Parts and/or Services (all as defined below) (‘Contract’) by Joe Graham & Son Limited (‘we’, ‘our’, ‘us’) and the customer receiving such goods and/or services (‘you’, ‘your’).
These Terms apply to all Orders, whether made and processed online, in store or over the telephone. Please read these Terms carefully and make sure that you understand them, before ordering any Goods, Parts or Services from us. If placing an Order online, you will be asked to agree to these Terms. If you refuse to do so, you will not be able to complete your Order.
In addition to the definitions set out elsewhere in these Terms, the following words shall have the following meanings:
‘Goods’ means the goods that we are selling to you, as set out in an Order or otherwise as agreed.
‘Order’ means your order for the Goods, Parts and/or Services, which is set out in our written quotation or invoice, made via our site, or made via telephone (as the case may be).
‘Parts’ means the spare or replacement parts we sell to you, as set out in an Order or otherwise as agreed.
‘Services’ means the maintenance and repair services we provide to you, as set out in an Order or otherwise as agreed.
2. INFORMATION ABOUT US
We are Joe Graham & Son Limited, a company registered in England and Wales under company number 02995967 and with our registered office and trading address at 1 Cosgrove Way, Luton, Bedfordshire, LU1 1XL. Our VAT number is 432919739. We operate the website at http://www.joegraham.co.uk.
3. USE OF OUR SITE
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 If you are a consumer, you may only purchase Goods, Parts or Services from us if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Goods, Parts or Services.
4.2 In relation to Goods or Parts, the following procedures apply in relation to the formation of a Contract between us and you:
(a) Instore: a binding Contract will be formed once we issue an invoice to you for the Goods/Parts, or you have paid in full (whichever is earlier);
(b) Telephone: you may place an Order for Goods and/or Parts by telephoning us on 0330 900 1966, during which we will confirm the details of your Order and our acceptance of it, after which point a binding Contract will be formed; or
(c) Online: you may place an Order for Goods and/or Parts via our site. After you place an order, you will receive an automatic e-mail acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. A binding contract will be formed once we contact you and confirm our acceptance of your Order.
4.3 In relation to Services, a binding Contract will be formed between you and us once we have confirmed that we are able and willing to provide the Services to you.
4.4 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.5 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
4.6 If we are unable to supply you with any Goods or Parts, for example because an item is not in stock or no longer available or because of an error in the price in our promotional materials or on our site, we will inform you of this and we will not process your order. If you have already paid for the Goods/Parts, we will refund you the full amount paid as soon as possible.
4.7 The images of Goods or Parts in any brochures, promotional materials, or on our site are for illustrative purposes only. Your Goods/Parts may vary slightly from those images.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Every time you order Goods, Parts or Services from us, the Terms in force at the time of your Order will apply to the Contract between you and us.
5.2 We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements. If we do so, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel only in respect of Goods, Parts or Services you have yet to receive.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
6.1 If you are a consumer and you enter into a Contract with us online or via the telephone (or other distance means), you have a legal right to cancel a Contract during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive our Services or receive or keep the Goods or Parts, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 However, this cancellation right does not apply in the case of:
(a) any Services which have already been provided to you before the expiration of the cancellation period; or
(b) Parts which become mixed inseparably with other items.
6.3 Your legal right to cancel a Contract starts from the date on which we confirm our acceptance of your Order (in accordance with clause 4.2) or agree to provide Services, which is when the Contract between us is formed, and ends 14 days from the day after that date (for Services) or 14 days from the day after that on which you receive the Goods/Parts.
6.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us by e-mail at firstname.lastname@example.org or by telephone on 0330 900 1966. We will contact you to confirm we have received your cancellation.
6.5 If Goods or Parts have already been delivered to you before you decide to cancel your Contract:
(a) then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back by post/courier or return to us in-store. Please see https://www.joegraham.co.uk for our returns address. We may agree to collect certain Goods from you, in which case we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Goods/Parts are faulty or not as described (in this case, see clause 6.7), you will be responsible for the cost of returning them to us. If a product is one which cannot be returned by post, you must use a suitable courier. If we have agreed to collect Goods from you, we will give you details of the collection cost, which shall be payable on or before collection.
6.6 If you cancel your Contract we will:
(a) refund you the price you paid for the Goods, Parts or Services. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of Goods/Parts, if this has been caused by your handling them in a way which would not be permitted in a shop. This may result in up to a full deduction of the refund in the case of certain Goods or Parts which have been opened, installed and/or used (except where faulty or not as described);
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Goods/Parts and we have not offered to collect them from you: 14 days after the day on which we receive the items back from you or, if earlier, the day on which you provide us with evidence that you have sent the items back to us; or
(ii) in the case of Services, or undelivered Good/Parts, 14 days after you inform us of your decision to cancel the Contract.
6.7 If you have returned Goods/Parts to us under this clause 6 because they are faulty or mis-described, we will aim to provide you with replacements, or will refund the price of the Goods/Parts in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.8 We will refund you via the same method you used to pay us, unless we agree otherwise.
6.9 This clause 6 and the other provisions in these Terms do not affect your statutory legal rights.
7.1 We deliver Goods to specific areas and postcodes, subject to limitations, as set out on our Delivery Page http://www.joegraham.co.uk/delivery.
7.2 Unless we state otherwise, standard delivery of Goods is included in the price of the Goods. Details of our delivery options and costs, which vary depending on the Goods being ordered, are set out on our Delivery Page http://www.joegraham.co.uk/delivery.
7.3 In the event we agree to deliver Goods or Parts to you, we will contact you with an estimated delivery date, which will normally be within 30 days of us entering into the Contract. Occasionally our delivery to you may be affected by an Event Outside Our Control and time for delivery shall not be of the essence of the Contract.
7.4 If no one is available at your address to take delivery, or we are unable to complete the delivery for any reason caused by you, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery. Additional costs may apply for redelivery.
7.5 We supply Parts for delivery to all addresses in the United Kingdom. An indication of the delivery charges payable for Parts is set out on our Delivery Page and will be confirmed when you place an Order.
7.6 Delivery of an Order shall be completed when we deliver the Goods/Parts to the address you gave us or you or a carrier organised by you collect them from us and the Goods/Parts will be your responsibility from that time. If collecting Goods, you are wholly responsible for the loading, transit and unloading of the Goods and we cannot be responsible for any damage or defect caused as a result of your collecting the Goods or handling them improperly.
7.7 You own Goods/Parts once we have received payment in full, including all applicable delivery and installation charges.
7.8 Unfortunately, we do not deliver any Goods or Parts to addresses outside the UK.
8. INSTALLATION & RECYCLING
8.1 In addition to delivering your Goods, we may agree to install them at your premises for an additional fee, which we will confirm with you and which will be payable in advance.
8.2 You agree to ensure that your premises, and particularly the area in which you wish to have the Goods installed, are prepared and readily accessible.
8.3 We reserve the right to refuse to install any Goods if we are not given suitable access to your premises and the necessary work area or if, in our reasonable opinion, there is a risk to safety or the plumbing is in inadequate condition, damaged, or all necessary parts and connections are not available.
8.4 Where we deliver and/or install Goods, we will remove and recycle, free of charge, any appliances which the Goods are intended to replace, provided that they are readily removable. This does not apply to refrigeration, to which a fee of £24.00 per item applies.
9. CLICK & COLLECT
9.1 Orders placed online through our click & collect service are normally processed within one working day.
9.2 Once an Order has been received we will contact you to confirm whether your Order has been accepted and make arrangements for collection, at which point we will advise on stock availability. Please do not arrange to collect your Order until we have confirmed that the stock will be available on your selected date.
10.1 We will provide the Services to you in accordance with your Order or as otherwise agreed. We will make every effort to provide the Services on time but there may be delays due to an Event Outside Our Control.
10.2 We will need certain information from you that is necessary for us to provide the Services, for example, details of the goods in respect of which the Services are to be provided, the maintenance required, and/or the fault which requires rectifying. If you do not provide us with the information we require, or provide inaccurate or incomplete information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or may suspend provision of the Services. We will not be responsible for any delay or non-performance due to your failure to provide accurate and complete information.
10.3 If you do not pay us for the Services when you are supposed to, we may suspend the Services with immediate effect until you have paid us.
10.4 As part of the Services, we may need to replace certain parts and components, in which case we will give you the details of those parts and components and the prices for them. You will be responsible for paying for such parts and components in addition to the cost of the Services.
10.5 In the unlikely event that there is any defect with the Services, please contact us as soon as reasonably possible. We will use our reasonable endeavours to repair or correct any defect or non-conformance as soon as reasonably practicable and, in any event, within 14 days of you notifying us. You must give us a reasonable opportunity to access your premises in order to inspect and remedy any defect or non-conformance.
10.6 You acknowledge and agree that, notwithstanding the provision of the Services, other faults, defects or issues may arise with your goods which are unrelated to those in respect of which the Services were supplied. In this event, clause 10.5 does not apply and we shall not be liable to correct such faults, defects or issues. We reserve the right to charge for any inspection we undertake in the event that we find that the fault, defect or issue is unrelated to that for which we provided the Services and/or was not directly caused by the provision of the Services.
10.7 If you are dealing as a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use in relation to those Services are faulty or not as described. Nothing in these Terms will affect these rights.
11. PRICE AND PAYMENT
11.1 The prices of the Goods, Parts and Services will be as quoted at the time you make a purchase or submit your Order. We take all reasonable care to ensure that the prices are correct. However please see clause 11.4 for what happens if we discover an error in our prices.
11.2 Our prices may change from time to time, but except as set out in these Terms changes will not affect any Goods/Parts already purchased or Order you have already placed.
11.3 Our prices include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.
11.4 It is always possible that, despite our reasonable efforts, some of our Goods and Parts may be incorrectly priced. If we discover an error in the price of items you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the items at the correct price or cancelling your Order. We will not process your order until we have your instructions.
11.5 We reserve the right to increase the price payable by you pursuant to an Order as a result of the imposition of new or increased taxes, errors on the manufacturer’s price, regulatory changes or additional costs to us of providing Services. If you do not accept any such price increase, you have the right to cancel your Order by contacting us.
11.6 In store, you may pay in cash, or by using a debit or credit card (excluding American Express). If you place an Order online or via our site, you can pay using a debit card or credit card or by Paypal. We use Sagepay, a third party payment processor, for online transactions. We may also agree to accept payment by cheque, in which case no Goods, Parts or Services will be provided until the cheque has cleared.
11.7 Payment for Goods, Parts and Services, as well as all applicable delivery charges is due in advance (normally at point of order).
12. MANUFACTURER GUARANTEES & OUR WARRANTY
12.1 Some of the Goods and Parts we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with such Goods and Parts.
12.2 For Goods/Parts which do not have a manufacturer's guarantee, we will provide a warranty that the Goods/Parts shall be free from material defects. The period of such warranty shall vary depending on the circumstances and shall be confirmed on or before the formation of the Contract. This warranty does not apply in the circumstances described in clause 12.3.
12.3 The warranty in clause 12.2 does not apply to any defect arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods/Parts in accordance with the user instructions; or
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.
12.4 If you are a consumer, any manufacturer guarantee and our warranty are in addition to, and do not affect, your legal rights in relation to Goods or Parts that are faulty or not as described.
12.5 You acknowledge and agree that Parts will not be deemed to be faulty or not as described merely because they did not rectify any defect or issue with your goods and equipment. We reserve the right to inspect and test any parts you allege to be defective or not as described and to refuse a refund if, in our reasonable opinion, the Parts are as described and functional.
12.6 Except in the case of Goods/Parts which we warrant pursuant to clause 12.2, there is no right for business customers to return Goods/Parts to us. However, in the event that we (in our sole discretion) elect to accept a request to return Goods/Parts, you shall be responsible for returning the Goods/Parts to us and will be liable to pay us a re-stocking fee of 30%. We shall have the right to deduct this fee from any refund we issue to you following satisfactory receipt of the Goods/Parts.
13. OUR LIABILITY IF YOU ARE A BUSINESS
13.1 If you are a business customer, we only supply Goods, Parts and Services for internal use by your business, which may include resale. In the event that you intend to resell Goods or Parts, you are responsible for inspecting them beforehand and agree not to intentionally sell any that are defective. Except in respect of Goods or Parts which we guarantee under clause 12.2, you shall be solely responsible for warranting the Goods to your customer and/or transferring the manufacturer warranty to your customer.
13.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods, Parts and/or Services purchased by you.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods, Parts or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that Goods/Parts are suitable for your purposes.
14. OUR LIABILITY IF YOU ARE A CONSUMER
14.1 If you are dealing as a consumer, and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
14.2 We only supply the Goods, Parts and Services for domestic and private use. You agree not to use any product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including but not limited to acts of God.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods/Parts to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
16.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our trading address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
16.4 You can contact us by e-mail at email@example.com, or by telephone on 0330 900 1966. Our address for the service of documents, is Joe Graham & Son Ltd, 1 Cosgrove Way, Luton, Bedfordshire, LU1 1XL.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5 A Contract and any dispute or claim arising out of or in connection with it 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.
17.6 We both agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).