Terms & Conditions Of Sale

1. Who we are and our contact details

1.1. We are Xyloforms Ltd, a company registered in England and Wales with company number 11553787 whose registered address is at Unit 3 – 4 Graylands Estate, Langhurst Wood Rd, Horsham RH12 4QD (referred to here as the “Company”, “we”, “our” or “us”). Our VAT registration number is GB 355 4199 78.

1.2. You can get hold of us in any of the following ways: 

a.      by telephoning us on 01403-586065; 

b.      by emailing us at info@xyloforms.co.uk; or

c.       by writing to us at our registered address above.

2. What do these terms do and why are they important?

Please read these terms and conditions carefully before you place an order with us. They contain important information, including:

a.      how we will provide you with the goods and/or services that you have ordered;

b.      our payment and delivery terms;

c.       the situations in which this contract maybe amended or cancelled by you or by us (including within a cooling-off period if applicable); and

d.      what you should do if there is a fault with the goods and/or services which we have provided to you.

2.1 If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

3. Your personal information

For information about how we collect and use your personal information, please see our general privacy policy.

4. Order Process and the contract between you and us

4.1 Any quote or estimate provided by us is an invitation for you to place an order with the Company, and is not in itself a contract between you and the Company.

4.2 You have placed an order with us either when you have placed an order with us through the checkout on our website indicating your acceptance of these terms and conditions, or when you have confirmed your acceptance of a quote or estimate together with these terms and conditions, and any supplemental terms and conditions (“Supplemental Terms”) provided with the quote / estimate.

4.3 The legal contract between you and us will only come into existence when we tell you that we can provide the goods and/or services to you which we will usually communicate in writing.

4.4 If we tell you that we cannot supply the goods to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to supply the goods, and we have already received payment from you, then we will promptly refund you for any goods that we cannot provide to you.

4.5 Where a written quote or estimate includes Supplemental Terms, these are in addition to the terms and conditions outlined here which will also apply. Where there is a conflict or inconsistency between any Supplemental Terms provided and the terms outlined here, the Supplemental Terms will supersede these terms, but only in respect of those terms that are in conflict. The remaining terms and conditions outlined here will continue to have full effect.

5. About the goods and services

5.1 We provide goods and services that fall into the following categories:

a. Bespoke and Made to Measure (“Bespoke Goods”): free-standing and fitted furniture and joinery. This includes any goods that are ordered by you and tailored or made to your specifications, or according to a design that has been developed by us specifically to meet your design brief or specification.

b. Ready-Made (“Ready-Made Goods”): free-standing furniture and other goods (excluding bespoke, made to measure or fitted furniture) manufactured by us to our own specification without customisation and without reference to a specification or design brief provided by you.

c. Design Services (“Design Services”): design work conducted on your behalf relating to a brief provided by you, but not contingent on the manufacture and/or installation of a physical product by us.

d. Ancillary joinery, installation and decoration services (“Ancillary Services”): any other joinery or decorative services provided not related to (a) to (c) above. 

5.2 Any descriptions, drawings, renderings or other images of the goods that we provide to you, or which are set out in our brochures or on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.

5.3 We cannot be held responsible for not meeting your preferences in respect of design elements that are not discussed or raised with us at the point of ordering or at the subsequent submission of a design for your approval, and we will be entitled to make assumptions based on style of the product and its proposed functionality.

5.4 Wood is a natural product and has all manner of colour variations, and whilst we go to great lengths to colour match as much as possible, we cannot guarantee any replication of colour or grain pattern from piece to piece, or in respect of variations between samples provided by us and any finished goods.

5.5 Except where you have a right to cancel under clause 15, we will not accept returns, make adjustments or alterations, or offer refunds due to issues arising from the customer's personal preference on wood grain, pattern, knots, medullary rays, colour variation or any other naturally occurring elements, except where these are expressly noted in writing as part of the design specification at the time of ordering and the order is accepted by us on that basis.

5.6 We go to great lengths to remove naturally occurring flaws in the wood utilised, however wood is a natural product, and removal of every single flaw would render the timber characterless. Accordingly, by placing an order, you accept there may be some flaws in certain timbers, such as small knots and other minor flaws which the Company consider will not impair the performance of goods.

5.7 In order to make the best use of timber, there may be cosmetic flaws on faces that are hidden within a finished item. These do not constitute a faulty product.

5.8 Whilst the Company go to great lengths to ensure the timber has been correctly dried, movement in solid timber cannot be prevented due to variations in humidity. We take no responsibility for wood movement resulting from the humidity of your own environment. Unless specified in writing and accepted as part of the design brief at the time of ordering, or as part of a product description, our furniture is not made to be suitable for use in a damp or humid environment.

5.9 In respect of our Ready-Made items, many of our goods are handmade which means that the size, dimensions or weight of the handmade goods may vary by up to 5% above or below the amounts quoted in our brochures or on our website. If you have any size constraints relating to the proposed location of a Ready-Made item, please make us aware of these at the time of ordering.

5.10 If you place an order for goods that are to be made to measurements which you have given to us, then you must ensure that those measurements are accurate. You are responsible for them, and for any costs incurred in correcting for any incorrect measurements that you have provided to us.

5.11 By the very nature of both the materials we use and the handmade nature of our manufacturing process our pieces could contain also contain characterful/natural traits including small ‘chip out’, ‘tear out’, or marks from the machining and manufacturing processes used. 

5.12 By placing an order through our website we will assume that you have read the details / notes on a given product listing (where applicable). It is your responsibility to ensure you have read and understood the information included on a product listing before placing an order.

6. Changes to goods and/or services 

6.1 If you would like to make a change to the goods and/or services for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we will ask you to confirm that you would like to continue with the change. 

6.2 In some circumstances we may need to make minor changes to the goods and/or services which you ordered. As these are minor changes and will not affect your use of the goods and/or services we will not usually contact you about these. These minor changes are likely to be, but not limited to where: 

a. we need to update the goods and/or services to implement a change in the law, or a regulatory requirement; and/or 

b. we need to make minor technical changes or enhancements, that will not affect your use, handling or enjoyment of the goods and/or services. 

6.3 It is possible that exceptionally, we may need to make a more major change to the goods and/or services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know and to confirm whether you would like to continue with the change.

The changes which we expect to fall under this section are: 

a. changes to the agreed upon colours and/or finish; and

b. changes to agreed upon functionality and design specification.

7. Ownership of designs and copyright

7.1 Where you have engaged us to provide Design Services, the rights to use, recreate and distribute any designs completed by us on your behalf will become yours once payment for these services has been received in full.

7.2 Where you have engaged us to provide you with Bespoke Goods, Ready-Made Goods, Ancillary Services or any other goods or services, any related designs, drawings, illustrations, renderings or any other related imagery or specifications will remain our property, and may not be reproduced or provided to any other parties without our prior written consent.

8. Payment details 

8.1 For Ready-Made Goods the price of goods will be set out on our website at the time you place an order. Our prices include VAT at the current rate.

8.2 For Bespoke Goods, Design Services and / or Ancillary Services, our initial quote or estimate provides details of the cost to supply the goods and services set out therein. Where goods or services ordered are contingent on the subsequent development of a bespoke design to your specifications, for example where we are providing Bespoke Goods, the cost to supply the goods and/or services will be finalised only once the design and specification (including material choices, finishes and any ironmongery) have been finalised and approved by you for manufacture. 

8.3 Where any goods or services (or part thereof) have not been explicitly defined and set out during the order process, for example where you have decided to defer a decision on design or functionality until a later date, the adjustment in price relating to that good or service will be confirmed as soon as reasonably practicable.

8.4 We reserve the right to charge for any changes to the designs, specification or scope of the goods or services made at your request after your order has been placed, or after a design has been approved for manufacture.

8.5 When you need to pay us depends on the goods and/or services provided as set out below: 

a. For Bespoke Goods, you must make the following payments unless otherwise agreed by us in advance in writing:

i.     a prepayment of 50% of the initial quoted or estimated price will be invoiced and is due for payment on placing an order and before we begin to design, manufacture or supply the goods or services.
ii.     after a design and/or specification is approved for manufacture and the project cost is finalised, a balancing payment will be invoiced such that all payments on account up to this point equate to 90% of the finalised project cost.
iii.     any final amounts due, together with any subsequent design alterations or changes in scope raised by you, will be invoiced at completion of installation (in the case of fitted furniture), or at completion and prior to delivery or collection (in the case of free-standing furniture). 

b. For Ready Made goods, you must pay for them at the point of placing an order and prior to delivery or collection unless otherwise agreed by us in writing.

c. For Design Services, payment details will usually be set out within the quote or estimate. Where payment details have not been set out in the quote or estimate, invoices will be issued weekly basis on a time spent basis according to our agreed daily rate.

d. For Ancillary Services, payment details will usually be set out within the quote or estimate. Where payment details have not been set out in the quote or estimate, 50% of the quoted cost will be invoiced on acceptance of a quote or estimate, and the remaining 50% will be invoiced on completion.

8.6 You must pay each invoice within 7 days of the date of the invoice;

8.7 We accept payment by direct bank transfer, cash or credit / debit card.

8.8 If you do not pay us on time, we may charge you interest at the rate of 3% a year above the base rate of Barclays Bank UK plc from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.

8.9 We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price on the website is incorrect, we will contact you to confirm how you would like to proceed (and if you would like to cancel the contract section 15 of these terms and conditions will apply).

9. Delivery and collection of goods, installation of goods and supply of services

9.1 Delivery and installation dates (where applicable) will be estimated and communicated to you at the time you place an order with us, either as detailed on the website or in communication between us. In the case of Bespoke Goods, Design Services or Ancillary Services, finalised delivery and installation dates will be confirmed and agreed with you in advance. While we will always endeavour to complete work in as timely a manner as possible, and will make all reasonable efforts to deliver goods or services within the dates agreed, we will not be held responsible for losses caused to you as a result of delays in fulfilment.

9.2 We will contact you if we are delayed in delivering the goods and/or services to you or if we are delayed in installing any goods. If the delay continues beyond 60 days from the estimated delivery date or completion date (whichever is later), then you can contact us to cancel the contract, following which we will provide you with a refund for any goods and/or services which you have paid for but not yet received less a retention for any costs incurred by us (including material and component costs) and work performed by us up until the date of cancellation on a percentage completion basis.

9.3 In respect of fitted or built-in Bespoke Goods, unless we have explicitly agreed to do so in writing as part of the order process, it is your responsibility to ensure that the site is ready for installation, clear of all contents, with any old built-in furniture or cabinetry removed, with walls in a sound condition with at least one coat of emulsion applied, flooring in place and in a sound condition, and all services in position.

9.4 In respect of fitted or built-in Bespoke Goods, unless we have explicitly agreed to do so in writing as part of the order process, it is your responsibility to arrange any painting or redecoration of adjoining walls or other areas required after installation as well as any alteration, repair or refitting of any adjacent carpets or movable flooring.

9.5 In respect of smaller or self-assembly Ready-Made Goods, delivery will usually be UPS, Parcelforce, DPD or other similar UK courier unless otherwise specified in the product description. As such, delivery will usually be to kerbside or to your front door only. Larger items and fully assembled items requiring delivery to a specific room or location within your property are organised on a case-by-case basis by agreement in advance. We may occasionally deliver goods ourselves rather than using a 3rd party, again on a case-by-case basis by agreement.

9.6 In respect of non-fitted Bespoke Goods or Ready-Made Goods, it is your responsibility to check that there is suitable access to transport the item to your preferred location, taking note of stairways, corridors, doorways etc. If access to a room / delivery location is difficult, it is vital that you inform us before delivery is attempted. No refund can be made in respect of Bespoke Goods where delivery has not been reasonably possible due to access restrictions, except where these have been expressly notified to us as part of the design brief at the time an order is placed. You will be liable for delivery costs and return costs in respect of all goods where delivery is not possible due to access constraints not notified to us in advance.

9.7 Where a delivery date has been agreed in advance, and no one is available to take delivery of any goods when we subsequently try to deliver them to you, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 17 below will apply. 

9.8 If you have told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection at a time that is agreed with us in advance. If you do not collect the goods from us within a reasonable time of us letting you know that they are ready for collection, we will contact you about what to do next, and we may charge you for the storage costs we incur during this period. If we are still unable to arrange collection of the goods with you, then we may cancel the contract, and the consequences set out in section 17 will apply.

9.9 You must inspect any goods on delivery to you, marking any delivery note issued by a courier with details of any damage, and notifying us of any damage due to delivery within 48 hours of receipt.

9.10 Depending on the nature of goods being delivered and the method of delivery (for example where delivery is made by a single driver), we may request that you arrange for additional suitably able people to assist with the unloading and delivery of large orders. In such cases it is your responsibility to arrange such assistance, and we can accept no liability for personal injury sustained in unloading, or damage caused to the goods by you or your assistants during unloading.

9.11 We reserve the right to deliver goods or services in instalments.

10. Suspension 

10.1 If something happens that means we must suspend the supply of the goods and/or services to you, for example but not limited to: 

a. making minor technical adjustments or to resolve technical issues;

b. updating the goods and/or services to implement a change in law or any relevant regulatory requirement; or

c. incapacity,

then we will contact you to let you know. 

10.2 We will usually let you know in advance of any suspension unless it is an emergency, in which case we will let you know as soon as reasonably possible.

10.3 If we are going to suspend the supply of goods or services for more than 60 days then you may contact us to cancel the contract, following which we will provide you with a refund for the relevant goods or services (or part thereof) for which you have made payment, but have not yet received. 

11. Responsibility for and ownership of goods 

11.1 You will be responsible for goods from the point at which we deliver and/or install the goods, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us. 

11.2 You will only own the goods once we have received full payment for them.

11.3 Until we have received full payment for the goods, you shall hold any goods provided by us on trust on behalf of the Company, stored at your premises in a proper manner in conditions which adequately protect and preserve the goods, separately from any other goods and ensure they are clearly identifiable as the Company’s goods. If payment for the goods is overdue, the Company may at any time, on demand and without prior notice, seek to repossess or re-sell the goods if you enter into bankruptcy, individual voluntary arrangement, liquidation, receivership, administration or into a corporate voluntary arrangement as defined by the Insolvency Act 1986.

11.4 Any damage to or loss of goods occurring after delivery to your premises (whether prior to any installation or not) which is caused by persons not employed by the Company such as builders or other tradespeople is your responsibility.

12. Your obligations

12.1 We may request information from you which we need in order to provide you with the goods and/or services.

12.2 If you don’t provide us with this required information in a reasonable time, or if information which you give us is not accurate, we may cancel the contract (and the consequences set out in section 17 will apply), or we may charge you for the additional costs which we incur as a result. 

12.3 If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods and/or services, or if we do not provide any part of them to you. 

12.4 Where you have asked us to supply services and/or fit or install goods at your property, you will need to allow us access to your property. If you do not allow us access to your property at the time and date arranged with you we will contact you for instructions about what to do next and we may charge you for the additional costs which we incur as a result of you not allowing us access. If we are still not able to make arrangements with you for access to your property then we may cancel the contract and the consequences set out in section 17 will apply. 

13. If there is a fault with the goods and/or services

13.1 We hope that you are satisfied with the goods and/or services which we supply to you, but if there is a fault with them, then please contact us using the details set out in section 1. 

13.2 We must provide goods and/or services to you which meet your consumer rights. 

13.3 If you decide to exercise your consumer rights as a result of a fault with any goods provided, then you must either return the goods to us or allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.

13.4 Any warranties or guarantees provided against faulty design, workmanship or materials are provided at the time of confirming an order and/or confirming a design for manufacture. Any warranty or guarantee that we can provide will be dependent on the choices you will ultimately make in respect of the quality of materials and/or finish, and so they are provided on an individual basis.

13.5 Any warranties or guaranties provided do not extend to damage resulting from normal wear and tear (including dents, scratches or other damage incurred through normal use, or changing of colour of finishes due to exposure to direct sunlight or moisture), misuse, wilful damage, neglect, accident, failure to follow any care instructions provided by us, or where goods have been repaired by anyone other than the Company or its authorised representatives.

13.6 Where we have provided timber goods or services on an unpainted or unfinished basis (where you or your chosen contractor have agreed to paint, varnish or otherwise complete a finish), this must be completed within 10 days of installation in order to protect the woodwork, otherwise any warranties for guarantees will be deemed invalid.

13.7 Where goods or services provided by the Company are under warranty or guarantee and are found to be defective (except due to reasons that are excluded above), the Company shall repair, or at its sole discretion, replace any defective goods free of charge. This does not affect your statutory rights.

14. Our liability if you suffer loss or damage

14.1 The Company’s total liability to you will be limited to the price of the goods or services supplied by us to you (except where we are not allowed to limit our liability by law). 

14.2 We will not be liable to you for any loss of profit or other economic loss (direct or indirect), or for any consequential loss or damage, costs or expenses or other claims for consequential compensation arising out of or in connection with an order or contract covered by these terms and conditions, or for any liability incurred by you to any other person.

14.3 We do not limit or exclude our liability to you where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods and/or services or if we provide you with defective items under the Consumer Protection Act 1987. 

14.4 If we provide any advice to you, including in any instructions or manuals provided to you with the goods and/or services, then you should follow these carefully. We will not be liable to you for any damage which is caused due to your failure to follow such advice or instructions. 

14.5 If you use the goods and/or services for business or commercial use, we will have no liability to you for any damages, loss of profit, loss of business, loss of opportunity or loss of goodwill. 

15. Cooling-off period and your right to cancel the contract during it

15.1 Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 16. The cancellation rights during the cooling-off period do not apply to any purchases which you have made at our premises.

15.2 When you buy goods and/or services in circumstances which the law calls a ‘distance contract’ (in most situations this is where you have bought goods or services from us via the website, post, email or telephone), in some cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 15.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 15.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling. 

15.3 The length of the cooling-off period during which you can cancel the contract due to a change of mind, depends on whether you have ordered goods and/or services. It is also subject to certain exceptions which are set out in section 15.4 below. You can calculate the cooling-off period as follows: 

a. For a one-off delivery of goods you have up to 14 days after the day you receive the goods to cancel the contract; 

b. For goods which have been ordered together but which are delivered to you separately on different days then you have up to 14 days after the day you receive the last delivery of goods to cancel the contract; 

c. For a contract which is for goods and services you have up to 14 days after the day you receive the goods to cancel the contract;

d. For services you have up to 14 days after the day we contact you to accept your order to cancel the contract.

15.4 If any of the following circumstances applies to the goods and/or services which you have ordered then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods or services because you have changed your mind: 

a. if the goods have been made to order, personalised, made to your specification (including where a Ready-Made Good has been adapted or deviates from the original product description following a request you have made to have it adapted to your specification), or made to a design agreed with you (including all Bespoke Goods whether free-standing or fitted);

b. if you have combined the goods with others goods and they are inseparable;

c. if the services have been completed; or

d. if you requested us to carry out urgent maintenance or repairs.

15.5 If you want to cancel the contract because you have changed your mind then you should let us know before the end of the cooling-off period (as calculated in accordance with section 15.3) in one of the following ways: 

a. contacting us on the details set out in section 1 and include your name, e-mail address, address and order details providing a clear statement that you want to cancel; or

b. printing and filling out the form which is available at https://www.xyloforms.co.uk/s/order_cancellation_form.pdf and sending it to us by post or email using the details set out in section 1. 

15.6 If you have ordered goods which are not subject to the exclusions set out in section 15.4, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. If the goods are oversize items (including furniture) then you should contact us promptly to make arrangements for collection which will be at your cost. Any goods returned must be properly and carefully packaged, protected from damage and returned in a re-sellable condition, or in no worse condition than it was received by you.

15.7 If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cooling-off period (but before we have completed them) then you will have to pay us for the services which we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.

15.8 If you cancel the contract during the cooling-off period because you have changed your mind then we will provide you with a refund for the goods and/or services as well as any standard delivery costs which you paid for it to be delivered to you when you placed the order, but if you chose a more expensive delivery option than our standard delivery when you placed your order then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods then we will provide you with the refund using the same method of payment which you used to pay us within 14 days of the day we receive the goods back from you. If your order does not include goods which need to be returned to us then we will provide you with an applicable refund within 14 days of the day after you let us know that you want to cancel the contract. 

15.9 We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods which is due to unnecessary handling of the goods by you. Therefore, you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount which we would have deducted. 

16. Your rights to cancel the contract 

16.1 In addition to your rights to cancel the contract during the cooling-off period set out in section 15, if any of the following circumstances apply, you have the right to cancel this contract immediately:

a. we have informed you that there was an error with the price or the description of the goods and/or services when you placed the order, and you now do not wish to proceed based on the correct price or description (this would not apply to price changes that do not arise due to error, such as those that may arise on finalising an agreed design for Bespoke Goods with you, or for meeting any request made by you to change a design for Bespoke Goods or to change the scope of any services after they have commenced);

b. we have informed you that we need to make a major change to the goods and/or services (see section 6.3) and you do not want to proceed with the change; 

c. where there is a significant delay of more than 60 days in providing the goods and/or services to you as set out in section 9.2; 

d. we have informed you that we need to suspend the supply of goods and/or services to you under the circumstances set out in section 10.1, for more than 60 days; or

e. you have some other legal right to cancel the contract because of something we have done.

16.2 If you do cancel the contract for any of the above reasons in section 16.1 then we will provide you with a refund for any goods and/or services which you have paid for but we have not yet provided.

16.3 If there is a fault with the goods and/or services which we have provided to you, please see section 13 of these terms and conditions.

16.4 If you are cancelling the contract for any other reason which is not set out in section 16.1 or section 15 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any goods and/or services which you have paid for but not yet received, less a deduction for costs that we have incurred up to and including the point of cancellation (including material or component costs incurred and time already spent by us or work already completed by us in fulfilling your order). If you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs we have incurred or time spent or work completed prior to you cancelling the contract.

16.5 If you cancel the contract after we have dispatched goods, then you must return the goods to us, or if they are oversize items, then you must allow us the option to collect them from you. If you cancel the contract because of circumstances set out in section 16.1 or because there is a fault with them (see section 13), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 15, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection which will be at your cost.

17. Our rights to cancel the contract

17.1 If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations: 

a. you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 8.6);

b. you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 9.6);

c. you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 9.7);

d. you do not provide us with information which we have requested from you within a reasonable time (see section 12.2);

e. if we are providing services and/or installing goods at your property, you do not allow us entry to the property or re-arrange a time for entry to the property (see section 12.4).

18. General

18.1 We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions. 

18.2 You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing. 

18.3 If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place. 

18.4 If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date. 

18.5 Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract. 

18.6 If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts. 

18.7 If you are dissatisfied with how we have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage