Flairmet: Terms and Conditions of Sale
We would like to draw your attention to the terms and conditions associated with access to and use of this website. Your use of and purchase of products and services from this site is governed by these terms and conditions. We recommend that you also read our privacy and security policies.
The following index can be used to find particular terms more easily but the terms and conditions should be read in full.
a) How to contact us
by e-mail or telephone
b) How to contact us
by letter
a) How to interpret
this contract
b) These terms and
conditions are important
a) If you are a
consumer you may have a right to cancel
b) Exceptions to the
right to cancel
a) When will the
order be delivered?
b) What carriage
charges are payable?
d) What if you want
to delay delivery?
e) What if the
products are lost or damaged in transit?
f) Delivery dates
are estimates unless agreed as fixed
b) We use quality
steel not wrought iron
d) Appearance and
colours may look different than they really do
a) Quoted prices
include packaging but not delivery
b) Your obligations
where we are designing and making a product to order
c) Your obligations
where we are providing installation services
d) Value added tax
will be added where applicable.
e) Local sales taxes
and import duties may apply
b) What happens if
payment is late?
a) Our products come
with a 12 months’ guarantee.
b) Guarantee does
not apply to work carried out by others
c) Your statutory
rights are protected
a) When do you have
responsibility for the goods?
b) When will the
goods be yours?
a) Your obligations
where we are providing installation services
b) Ensure that there
is a safe supply of electricity.
c) Take care if you
install the products yourself
d) Use strong
fixings and fixing points
b) Your statutory
rights are not affected
12. Confidentiality
and copyrights
a) Information we
supply is our property
b) Our property is
our property
c) We are allowed to
use information which you supply
d) What happens if
we use information you’ve supplied but belongs to others?
a) We can employ
subcontractors
a) What happens if
something unforeseen happens?
a) We will hold your
information private
b) Why do we collect
information from you?
d) What information
do we collect about you?
e) Security of
credit and debit card information
f) You can check
what information we hold about you
g) We hold
information securely
h) We may use
“cookies” on our site
i) Contact us if you
have questions or comments about privacy
16. Site
content and disclaimers
a) The website is
designed for general information only
a) What happens if
part of these terms and conditions are unenforceable?
1. Contacting us
a) How to contact us by e-mail or telephone
Where you have a enquiry or complaint about an order, or wish to cancel either before or after delivery, in the first instance, you should contact our customer services' department, preferably by e-mailing to Flairmet@weathervane.uk.com, by telephoning +44 (0)1785 282301 or by fax to +44 (0)1785 282301. Normal call rates apply. We endeavour to respond to all enquiries within three working days.
b) How to contact us by letter
Alternatively you may write to:
Flairmet Limited, 10-12 Ladfordfields Industrial Park, Woodseaves Road, Seighford, Stafford, Staffordshire, England, ST18 9QE, United Kingdom.
2. General
a) How to interpret this contract
In this contract “we”, “us”, “our” means Flairmet Limited. The headings and sub-headings of these terms and conditions are for convenience only and do not form part of the contract.
b) These terms and conditions are important
Unless otherwise agreed in writing by us and except for terms and conditions implied by law (including consumers’ statutory rights), all quotations are made and all orders are accepted subject to these terms and conditions.
c) When is an order accepted?
Any order placed on-line or based on information provided on our web sites is subject to our acceptance even if paid for at that time and an e-mail issued confirming receipt of your request. We rarely do decide to decline an order but if we do so we will inform you promptly and will issue a full refund. Where we have issued a quotation and not withdrawn it our quotation is open for acceptance within the period stated therein or when no period is stated, within thirty days only after its date.
3. Consumers’ right to cancel
a) If you are a consumer you may have a right to cancel
If you are a consumer you may cancel your order (subject to the exceptions set out in 3b) below) at any stage before, and up to seven (7) working days after, the day after the products are delivered to you by notifying us in writing (Flairmet Ltd.,10-12 Ladfordfields Ind Pk, Seighford, Stafford, ST18 9QE United Kingdom), by fax (01785 282301) or e-mail (Flairmet@weathervane.uk.com). If you exercise this right we may ask you to return the products to us and pay for the cost of doing so. We will refund within 30 days of cancellation any money you have paid for the products (less the cost of return carriage if this is paid for by us). Until the products are returned you should safeguard them. For services, you may cancel (subject to the exceptions set out in 3b) below) up to seven days from the day after the date when you agreed to go ahead with the order.
b) Exceptions to the right to cancel
This right of cancellation does not apply:
i. to orders for products, such as gates and weathervanes, made to your personal specifications
ii. to orders for on-site services and installation work to the extent already carried out or committed (after seven days from the order being agreed).
iii. where the products have been used or damaged after receipt by the consumer
iv. unless you have placed the order as a consumer (the cancellation right does not apply to orders placed by businesses, government or other non-consumer organisations).
v. if the order arose from face to face contact between you and an agent or representative of our business.
4. Delivery
a) When will the order be delivered?
For standard products, delivery will normally be within 30 days of receipt of order. For made to order products such as gates we generally aim for similar delivery times, but this can vary depending upon receipt of special materials and general workload. If we quote a delivery period longer than 30 days or later than any date requested by you, we will ask you to confirm that this is acceptable and if it is not you may cancel the order and any monies paid will then be refunded in full. Whilst we endeavour to despatch products on time and will aim to keep you informed if there is any delay, we do not accept liability except as stated in clause 4f) below for any failure to deliver on the stated date or at the stated time.
b) What carriage charges are payable?
Except for trade orders (above the minimum carriage-paid values) carriage charges are payable by you in addition to the product prices quoted on our web site. Carriage charges will be calculated automatically when ordering on-line (based on standard delivery arrangements and the location you have selected) and will be displayed to you before you place your order and pay on-line. For gates and certain other made to order products we will issue a quotation subject to carriage costs and will provide a firm price for carriage once the specification is fully agreed with you.
c) Is installation available?
Installation is not included in our standard prices or quotation and will be quoted separately where requested and available. For gates and railings we are able to arrange installation in many parts of the UK mainland.
d) What if you want to delay delivery?
We will endeavour to comply with reasonable requests by you to delay delivery but shall be under no obligation to do so and reserve the right to charge storage charges should you be unable to take delivery as planned.
e) What if the products are lost or damaged in transit?
You should notify us promptly of any loss or damage of goods in transit. Goods should be signed for unchecked upon receipt or the delivery note marked as received damaged if any damage is obvious. If goods are damaged when received or don’t arrive within a reasonable time of the expected delivery once we have notified you of despatch please contact us as soon as possible so that we can arrange for appropriate rectification or replacements and take the matter up with the carriers. In such circumstances you may either exercise any right of cancellation and full refund which you may be entitled to under clause 3, or we will at our option either repair, replace or credit shortages of goods lost or damaged in transit. Where you have arranged transport or collected the goods from our factory you are responsible for their safekeeping as soon as they have been collected and we advise that you ensure that they are insured in transit.
f) Delivery dates are estimates unless agreed as fixed
Any date quoted for despatch or delivery, unless specifically described as a fixed date, is an estimate only and is calculated by reference to whichever shall be the later of the date of receipt by us of a written order to proceed or of all necessary information and drawings to enable us to put the work in hand. The date for despatch or delivery shall be extended by a reasonable period if delay in despatch or delivery is caused by instructions or lack of instructions from you or by any cause which were not foreseeable by you and us when this contract was agreed.
5. Specifications
a) Update of specifications
We are constantly striving to improve our product offering and reserve the right to alter specifications at any time without notice prior to order acceptance. On occasions we may be unable to obtain special materials and will in such cases either substitute components of at least equivalent value, functionality and appearance or, failing this, contact you to discuss how we should proceed.
b) We use quality steel not wrought iron
Although described as "wrought iron" in accordance with common parlance, in common with almost all other manufacturers, Flairmet actually uses high quality mild steel for the construction of its products. This material is stronger than actual wrought iron (which is virtually unobtainable nowadays), though it can be more prone to rust if untreated.
c) What finishes are used?
We can supply products in various colours and finishes as described on our web site (click here for details of finishes). In areas where products will be exposed to salt water (eg sea-fronts) serious consideration should be given to using a galvanised finish, as otherwise the products will need repainting as much as every year (depending upon the level of exposure). Where galvanising is used, it is recommended that the product is left to weather for six months once galvanised before being over-painted. Where we supply galvanised products which have been powder-coated immediately the paint finish may be prone to chipping and this is at your risk.
d) Appearance and colours may look different than they really do
We cannot guarantee that the appearance and/or colours of the products shown on our web site and in our brochures exactly reproduce the appearance and/or colours of the physical products themselves.
6. Prices
a) Quoted prices include packaging but not delivery
Unless otherwise individually stated, prices quoted are inclusive of packaging but exclusive of delivery as specified in clause 4b) above.
b) Your obligations where we are designing and making a product to order
Where we design and make a product to your measurements you should take special care to ensure that all dimensions supplied to us are accurate. We will provide you with details of what to include in the measurement (for example the gap between walls, any degree of slope on the ground) and will confirm the information supplied back to you in our quotation or confirmation. We shall be entitled to a reasonable additional price in respect of any extra costs incurred by us if the products supplied need to be modified and further installation work arises as a result of your failure to supply correct or complete information.
c) Your obligations where we are providing installation services
Where we are carrying out installation services we need clear unencumbered access to the site at the times agreed or as reasonably required by us. Any quotation for installation work is based on the information supplied by you to us and you should take special care to ensure that we are fully appraised of the conditions we can expect on site, where we have not visited the site before issuing our quotation. We shall be entitled to a reasonable additional price in respect of any extra costs incurred by us as a result of your:
(i) failing to supply accurate or complete information about the site
(ii) variation or suspension of the work
(iii) lack of instructions
(iv) failure to prepare the site or provide access to the site at reasonable times
d) Value added tax will be added where applicable
Except where despatch is to a non-taxable export location or where you can provide satisfactory evidence that you are a business located outside the United Kingdom, Value Added Tax ("VAT") will be added at the rate ruling at the tax point date. VAT is generally payable on all orders for shipment to non-business customers in European Union destinations though a zero rate may apply for certain new build construction work.
e) Local sales taxes and import duties may apply
Where you are outside the European Union, our quoted prices do not include local sales taxes or duties which may be payable by you on import or on receipt of the goods. It is your responsibility to ensure that any required import licences are in your possession and that the formalities for clearing customs are taken care of.
7. Payment terms
a) When are you due to pay?
Unless otherwise stated in the contract, payment is due in full prior to despatch. A deposit may be required where we are making products to order. For on-line orders for standard products payment is taken in full at the time of order. If you are a trade customer and credit terms have been agreed with you, payment is due for settlement in full in the currency of invoicing strictly 30 days from date of invoice.
b) What happens if payment is late?
In the event that payment is not made by the you on or before the due date we reserve the right to suspend performance under the contract and charge you interest on any overdue payment at the statutory interest rate applicable to commercial debts (being the rate of 8% above the Bank of England base rate for each half year commenting on 30 June or 31 December) from the due date of payment to the actual date including any time before or after any proceedings for recovery of the debt plus any other costs recoverable under law (including reasonable debt recovery costs).
8. Guarantee
a) Our products come with a 12 months’ guarantee.
In addition to your statutory rights, we guarantee all products against faulty workmanship and materials for a period of 12 months from the date of delivery. If any product is found to be faulty due to such defects we will arrange repair or replacement of the faulty item at our discretion. This guarantee does not cover fair wear and tear, neglect, abuse or misuse of the products, loss or damage due to fire, smoke, lightning, sunlight, weather, rusting, corrosion, theft, or explosion, accidental damage or consequential loss.
b) Guarantee does not apply to work carried out by others
We will not accept any liability for supplementary works agreed independently between you and the installer.
c) Your statutory rights are protected
Some jurisdictions do not allow the exclusion or limitation of certain implied warranties or liability for incidental or consequential damages, so the above exclusion or limitation may not apply in all circumstances and does not exclude any implied warranties or conditions which may not under applicable law be excluded. This limited warranty gives you specific legal rights and is in addition to any other legal rights you may have, which vary from one jurisdiction to another.
9. Risk and title
a) When do you have responsibility for the goods?
Risk passes to you on delivery.
b) When will the goods be yours?
Property in and title of the goods shall not pass to you until payment has been received by us and we are in receipt of cleared funds. Until such time as payment has been made in full you shall hold the goods as our fiduciary agent and bailee and shall indemnify us against any loss, deterioration or damage howsoever caused and should ensure that the goods are properly stored, protected, insured & identified as our property.
10. Installation
a) Your obligations where we are providing installation services
Where we are carrying out installation services we need clear unencumbered access to the site at the times agreed or as reasonably required by us. Any quotation for installation work is based on the information supplied by you to us and you should take special care to ensure that we are fully appraised of the conditions we can expect on site, where we have not visited the site before issuing our quotation. We shall be entitled to a reasonable additional price in respect of any extra costs incurred by us as a result of your:
(i) failing to supply accurate or complete information about the site
(ii) variation or suspension of the work
(iii) lack of instructions
(iv) failure to prepare the site or provide access to the site at reasonable times
b) Ensure that there is a safe supply of electricity
Where required you are responsible for the provision of a safe supply of electricity to an and/or telecommunications connections to adjacent points prior to any installation work we carry out on automatic gates.
c) Take care if you install the products yourself
Where we are not responsible for installing the products, you take full responsibility for ensuring that the installation is carried out in accordance with any instructions issued by us as well as employing good workmanship having regard to the prevailing best practice in health and safety measures. We recommend that any manuals and safety instructions provided with tools, products or materials used in carrying out any DIY project should be read and carefully followed at all times.
d) Use strong fixings and fixing points
It should be noted that some products installed outdoors can be subject to considerable stresses and care should be taken to ensure that appropriately strong fixings are used and that the material to which the product is fixed is sufficiently sturdy for the purpose.
11. Liabilities
a) Restrictions on liability
Except to the extent that liability may not by law be limited or excluded, we, our representatives or subcontractors shall not be liable, whether in contract, negligence or otherwise, for any direct, indirect, special, incidental or consequential damages, losses or expenses of any kind. If any exclusion, disclaimer or other provision is held invalid for any reason and we, our representatives or subcontractors become liable for loss or damage that could otherwise be limited, that liability, whether in contract, negligence or otherwise, shall not exceed the amount paid by you for the product(s) which caused the loss or damage. If you are not a consumer and a fixed date is agreed for despatch or delivery, and we fail to despatch or deliver by that date or by any extended date provided by these terms and conditions, and if as a result you shall have suffered loss, we undertake to pay for each week or part of a week of delay, liquidated damages at the rate of 0.25% up to a maximum of 2.5% of that portion of the price named in the contract which is referable to such portion only of the contract goods as cannot in consequence of the delay be used commercially and effectively. We accept liability without limit for personal injury or death due to our negligence.
b) Your statutory rights are not affected
THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS
12. Confidentiality and copyrights
a) Information we supply is our property
All drawings, documents and other information supplied by us are supplied on the express undertaking that you will not without our written consent:
(i) Give away, loan, exhibit, disclose the contents of or sell any such drawings or extracts therefrom or copies thereof.
(ii) Use them in any way except for the particular purpose for which they were expressly issued.
b) Our property is our property
We at all times reserve all rights and title to design, inventions, improvements or development originated by or issued by us and you will not order products which are our copyright from any other supplier.
c) We are allowed to use information which you supply
Where you supply a design (whether in the form of a drawing or of a graphic image file) for the purpose of an order, then, you warrant that such design belongs to you or is public domain and freely useable by us, and, unless we have agreed otherwise in writing, we shall be entitled to use such drawing for supplying other customers and for displaying generally in our catalogues, web sites and other public media
d) What happens if we use information you’ve supplied but belongs to others?
You shall indemnify us from and against all actions, claims, costs and proceedings which arise due to the manufacture of products to drawings and specifications supplied by you where it is alleged that they involve an infringement of any third parties’ patent, copyright or other industrial property rights.
13. Sub-contractors
a) We can employ subcontractors
We shall be entitled to appoint one or more subcontractors to carry out all or any of our obligations under this contract of sale.
14. Force majeure
a) What happens if something unforeseen happens?
Neither you nor we shall be under any liability for any delay, loss or damage to the extent it arises wholly or in part as a result of industrial action or any cause beyond our reasonable control such as acts of god, civil commotion, riots, flood, drought, fire and legislation. If any such circumstances occur we will discharge our obligations as soon as reasonably practicable after such circumstances have ceased to affect our operations.
15. Privacy and security
a) We will hold your information private
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Practice.
b) Why do we collect information from you?
We collect information about you for 2 reasons: firstly, to process your enquiry or order and second, to provide you with the best possible service. Information is collected during the enquiry and ordering processes.
c) We won’t pester you
We will not otherwise e-mail you in the future unless you have given us your consent.
We will give you the chance to refuse any marketing email from us or from another trader in the future.
d) What information do we collect about you?
The type of information we will collect about you includes:
· your name
· address
· telephone number, fax number and mobile telephone number
· email address, and,
· credit/debit card details (for orders taken by telephone, e-mail or in person).
e) Security of credit and debit card information
Where orders are processed and paid for using our on-line stores your credit/debit card details are collected and stored by WorldPay and are not made available to us.
f) You can check what information we hold about you
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
g) We hold information securely
The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
h) We may use “cookies” on our site
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
i) Contact us if you have questions or comments about privacy
If you have any questions/comments about privacy, you should email us at Flairmet@weathervane.uk.com.
16. Site content and disclaimers
a) The website is designed for general information only
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of the use of or reliance placed upon information contained within its website. THIS DOES NOT AFFECT A CONSUMER’S STATUTORY RIGHTS.
17. Legal construction
a) What happens if part of these terms and conditions are unenforceable?
If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force provided that the contract is capable of continuing in existence without such unenforceable part.
b) Our contract is in English
The English language will be used for the conclusion of the contract.
c) English law applies
These terms and conditions are governed and shall be interpreted in accordance with English law and any disputes hereunder shall be heard in the English courts.
Flairmet is registered in England & Wales number 2002788.
Registered office:
Flairmet Limited,
10-12 Ladfordfields Industrial Park,
Woodseaves Road,
Seighford,
Stafford,
Staffordshire,
England ST18 9QE
United Kingdom.
CONTACT: Flairmet@weathervane.uk.com
Tel +44 (0)1785 282301
Fax +44 (0)1785 282301
Normal call rates apply.
Office hours are 9-30am to 5-30pm Monday to Friday (excluding public holidays).
Wrought iron range by Flairmet
For Flairmet's general wrought iron products site click here.
We recommend ordering using WorldPay's secure payment processing service at one of our shops:
- Wrought
iron shop for garden products, hanging baskets, brackets, rose
arches, patio planters, umbrella stands and a wide range of other
products.
- Furniture Shop for umbrella stands, milk
bottle holders, wine racks, candlesticks and a wide range of other
products for the home.
- Weathervane.uk.com for weathervanes, brackets
with shapes and memorial markers with shapes.
- Gates & railings shop for gates, railings,
balustrading, security grilles, safety screens, automated (electric) gates
with remote control gates.
- Rose arches shop for rose arches, gazebos,
bowers, arbours, and obelisks.