1. Interpretation
In these Terms and Conditions the following expressions will have the following
meanings unless inconsistent with anything specified in the Order Confirmation
issued by Lidget Compton following receipt of your order:
1.1 “Company”, “we”, “us“, “our” means Lidget Compton Ltd, Albion Drive, Thurnscoe, Rotherham, South Yorkshire
S63 0BA.
1.2 “Customer”, “you”, “your” means the person or business placing an
order for Goods and whose order for the Goods is accepted by the
Company.
1.3 “Distance Selling Regulations” means the Consumer Protection
(Distance Selling) Regulations 2000.
1.4 “Doorstep Selling Regulations” means the Cancellation of Contracts
Made in a Consumer’s Home or Place of Work etc Regulations 2008.
1.5 “Goods” means any Goods which we supply to you under these terms
and conditions.
1.6 “Site Preparation” means preparation of the site to provide a flat, level,
concrete square base with an area, depth, strength and durability
adequate to support the Goods in accordance with the Base Information
Sheet provided by us.
2. Site Preparation & Planning Approval
2.1 You are responsible for Site Preparation prior to the Goods being delivered
and installed. We will not install the Goods on block paving, flagstone
paving or tarmac.
2.2 You must obtain all relevant planning permissions, building regulation
consents and other necessary approvals at your own expense and risk
before we can install the Goods. We may be able to guide you as to
whether building consent is required and assist you with the application
process if required.
3. Delivery
3.1 Delivery of the Goods shall be made to the address set out on your order
form.
3.2 The price of the Goods shall include delivery to mainland England,
Scotland and Wales (save for those areas specified in 3.3 below) and is
valid for a period of up to 6 months from the date on the order form, (or,
where no date is shown on the order form, the order acknowledgement
sent to you). In the event of a change in the VAT rate we reserve the right
to adjust the price accordingly.
Delivery time is typically 3 to 4 weeks after receipt of the information
specified in clause 3.4 for a standard size building.
Delivery periods can vary according to season and all delivery times are
estimates only and time of delivery will not be of the essence.
3.3 Delivery to the Channel Islands, the Republic of Ireland, Northern Ireland,
the Isle of Man, the Isle of Wight, BFPO (British Forces Post Offices) will
incur an extra delivery charge.
3.4 We will not advise you of a delivery date until:
3.4.1 we have received cleared funds of the full balance of your order,
except where trade credit has been specifically authorised;
3.4.2 you have confirmed that the Site Preparation is complete;
3.4.3 you have confirmed that the appropriate building approval/
consent has been obtained or is not required; and
3.4.4 you have returned your completed Help the Driver form.
3.5 Upon receipt of the completed Help the Driver form we will confirm
delivery date with you one week before the anticipated delivery date. The
goods will be delivered on an articulated lorry with a 13 metre (40ft)
trailer. A smaller delivery vehicle is available if requested by you and
considered suitable by us. You must advise us as soon as possible of any
difficulties that may arise on delivery including any difficulties in accessing
the site.
There will be an additional charge for difficult and restricted access
deliveries unless reasonable prior notice is given to us and the details are
specified on the Help the Driver form.
3.6 We will not carry the Goods through a house or outbuildings to deliver
and/or install them.
3.7 In circumstances where access is restricted, we may deliver the Goods to
the nearest practical location to the delivery address rather than return the
Goods to our depot and the Goods shall be at your risk following any such
delivery.
3.8 ”Delivery” for the purposes of these terms means delivery to a location
within approximately 23 metres (25 yards) from where we can park the
delivery lorry in order to access the site over reasonably flat and firm
ground.
3.9 Any failed or abortive delivery of the Goods which are caused by you not
providing adequate access will attract a return delivery charge of up to
£250.00. which is calculated as a proportion of the delivery cost.
4. Installation by Us
4.1 We will advise you by telephone or in writing of the date the Goods will
be installed which normally takes place within two working days of the
date of delivery of the goods. All installation times are estimates only.
4.2 You do not need to be present while we install the Goods provided that
the appropriate Site Preparation has been carried out and you have
provided written confirmation of the positioning of the Goods.
4.3 If your base is larger than the minimum size/dimensions advised to you
by us for installation of the Goods, we require you to be present on site to
advise our installation team where you require the Goods to be installed,
otherwise we will erect the building at our discretion.
4.4 You will be responsible for the costs of re-siting the Goods if the base is
not prepared and laid with the correct dimensions and the installation
team are unable to install the Goods or you wish the Goods to be
repositioned.
4.5 We reserve the right to make an abortive visit charge of up to £250.00 if we
are unable to install the Goods on the base because the Site Preparation is
incomplete or defective or the site is not the correct size. The abortive visit
charge is calculated on the basis of the wasted time and travel incurred by
the installation team who are unable to install the Goods.
4.6 After the building has been erected, Lidget Compton cannot be held
responsible for water coming in under the panels or the door. A sand and
cement fillet/timber weather bar should be fitted either by the company
or the customer, to help prevent water ingress.
5. Risk and Property
5.1 Risk in the Goods will pass to you once the Goods are delivered. Until you
own the Goods, you must insure the Goods for their full value from
delivery.
5.2 Notwithstanding risk in the Goods passing when delivered, you will only
own the Goods once you have paid us the full price of the Goods and
installation, together with any other amount you may owe us for delivery
charges.
6. Cancellation
6.1 Under the Doorstep Selling Regulations if your order was placed during a
visit by our Agent to your home you have the right to cancel your order
within 7 working days of placing your order, providing the Goods haven’t
been delivered. Where you have agreed in writing for the Goods to be
delivered before the expiry of the 7 day cancellation period, you may no
longer have the right to cancel. Full details of your rights to cancel and
details of how to do so are provided at the time of placing your order.
6.2 Subject to 6.3 and 6.4, a cancellation charge of £250 will be payable in the
event of an order being cancelled three weeks or more after the date the
order was placed and more than 7 days before delivery. Orders cancelled
less than 7 days before delivery will be subject to a further cancellation
charge equal to the additional costs incurred by us. These charges are to
reimburse us for the abortive costs incurred in meeting your order.
6.3 To the extent that the Distance Selling Regulations apply to your purchase
of the Goods, you have the right to cancel your order within 7 working
days after the Goods are delivered providing the Goods have not been
installed.
6.4 To exercise your right of cancellation, you must give written notice to us
by letter or email quoting your Customer number and order number. If
you exercise your right of cancellation under the Distance Selling
Regulations after the Goods have been delivered to you but not yet
installed, you will be responsible for returning the Goods to us at your cost
to Lidget Compton, Albion Drive, Thurnscoe, Rotherham, South
Yorkshire S63 0BA. You should contact us if you want us to arrange
haulage, at your own expense, for the return of the Goods.
6.5 You must take reasonable care of the Goods once you have exercised your
right to cancel under the Distance Selling Regulations. We will refund any
sum paid by you or debited from your credit or debit card for the Goods
within 30 days of cancellation, subject to receipt of the returned goods.
7. General
7.1 WE ARE NOT LIABLE FOR ANY DEATH, LOSS OR INJURY SUSTAINED
DURING OR AFTER THE DELIVERY OF OR INSTALLATION OF THE
GOODS UNLESS SUCH DEATH, LOSS OR INJURY IS DUE TO OUR
NEGLIGENCE OR BREACH OF THESE TERMS AND CONDITIONS.
7.2 If we or you choose not to rely on any of our or your rights under these
terms and conditions, this does not affect our or your liability to rely on
these same rights in future.
7.3 Each clause of these terms & conditions is to be treated separately and the
unenforceability of any single term or condition shall not affect the
remaining terms and conditions, which shall remain in full force and effect.
7.4 The Company provides a 10 year structural guarantee for the Goods from
the date of purchase. We will provide you with details of this guarantee
upon request.
7.5 We may assign this contract for the supply and installation of the Goods
between you and us at any time and may subcontract our responsibility for
fulfilling any of our obligations under these terms and conditions at any time.
7.6 No one else shall be able to enforce any of the terms set out in these terms
and conditions.
7.7 If we are unable to supply the Goods, we may offer substitute Goods but
in this case we will only proceed with your order if you have consented to
the substitution prior to dispatch.
7.7.1 We reserve the right at any time to make changes to the
specification of Goods. Changes which do not materially
adversely alter the appearance, performance or quality of the
Goods will not be notified prior to dispatch.
7.8 Any notice required to be given under these terms and conditions shall
be in writing. You shall send any notice to Lidget Compton, Albion
Drive, Thurnscoe, Rotherham, South Yorkshire S63 0BA or by
email to sales@lidget.co.uk. We will send notices to the address which you
have provided on your order.
7.9 The formation, existence, construction, performance, validity and all
aspects whatsoever of these terms and conditions will be governed by
English law and any dispute in respect of the contract or any other matter
arising in connection with it shall be subject to the exclusive jurisdiction of
the Courts of England & Wales.
7.10 You may have other rights granted to you by law in addition to those set
out in these Terms and Conditions. These Terms and Conditions do not
affect those other rights granted by law.
8. GENERAL DATA PROTECTION REGULATION (EU2016/679)
8.1 The personal information supplied by you on the order form will be used
for internal record keeping to enable us to process your order.
At Lidget Compton we take your privacy seriously. We will only use your
personal information to provide the products and services you have requested
from us. Lidget Compton will not share or sell your details to any businesses for
marketing purposes.
For full details on how we collect, process and store your personal details please
see our Privacy Policy.
You are entitled to view, amend, or delete the personal information that we hold.
If you wish to submit such a request please use the Personal Data Request Form here.
If you wish to raise a complaint on how we have handled your personal data, you can
contact our Data Protection Officer who will investigate the matter.
If you are not satisfied with our response or believe we are processing your personal
data not in accordance with the law you can complain to the Information Commissioner’s
Office (ICO).
Our Data Protection Officer can be contacted on marketing@lidget.co.uk
or you can write to us at: Lidget Compton, Albion Drive, Thurnscoe,
Rotherham, South Yorkshire S63 0BA