OUR TERMS – FOR CONSUMERS
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you as consumers, whether these are goods or services.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 These terms are intended for our consumer customers only. If you are a business, please contact us as you will need to see our terms for business. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
By ordering from us, you confirm that you are not a business and that you will be fully bound by these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Fire Safe Services Ltd a company registered in England and Wales. Our company registration number is 4977056 and our registered office is at Saturn House, Saxon Business Park, Stoke Prior, Bromsgrove B60 4AD. Our registered VAT number is 825925508.
2.2 You can contact us by telephoning our customer service team at 01527 570952. Writing to us at our registered office above, or emailing us at esales@firesafeservices.co.uk.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not currently accept orders from addresses outside the UK.
4. OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements of the products;
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery will be as displayed to you on our website.
7.2 During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
(a) If the products are goods we will deliver them to you as soon as reasonably possible. We will contact you with an estimated delivery date once we accepted your order which will be within 30 days after the day on which we accept your order.
(b) If the products are one-off services we will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.
(c) If the products are ongoing services we will supply the services and/or goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8 or we end the contract by written notice to you as described in Clause 10.
7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 8.00am to 5.00pm Monday to Friday excluding public holidays.
7.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.7 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 10.2 will apply.
7.8 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.10 If you do choose to treat the contract as at an end for late delivery under Clause 7.8 or Clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us to to arrange collection.
7.11 A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collects it from us.
7.12 You own a product which is goods once we have received payment in full.
7.13 We may need certain information from you so that we can supply the products to you, for example, location of the goods to be supplied.
If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.14 We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 6).
7.15 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 20 days in any 1 year, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.16 If you do not pay us for the products when you are supposed to (see Clause 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 13.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 13.6).
7.17 Where we supply the products only and they require installation, you must ensure that they are installed by a suitably qualified operative and, in the event that you raise any claim against us whether in contract, tort, or any other claim, we will require proof of the installer’s qualifications or experience to demonstrate that he/she/it was suitably trained or qualified to install the product. We will not be responsible in any way for products that fail due to installation issues where a third party has carried out the installation.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have changed your mind about the product. You may be able to get a refund if you are within the cooling off period, but this may be subject to deductions (and you will have to pay for the costs of return of any goods);
(d) In all other cases, see Clause 8.6.
8.2 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 20 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Your right as a consumer to change your mind does not apply in respect of services once these have been completed, even if the cancellation period is still running or any products which become mixed inseparably with other items after their delivery.
8.5 How long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.6 Even if we are not at fault you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end as follows:
(1). For goods only, immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) 20% of the contract value as compensation for the net costs we will incur as a result of your ending the contract.
(2). For goods and services provided together, or just services, the contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9. HOW TO END THE CONTRACT WITH US
9.1 To end the contract with us, please let us know by calling customer services on 01527 570952, email us at esales@firesafeservices.co.uk, or complete the attached cancellation form. Please provide your details of the order.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at, deliver them back to us or allow us to collect them from you. Please call customer services on 01527 570952 or email us at esales@firesafeservices.co.uk for a return label or to arrange collection. You must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
9.5 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, even if you are exercising the right to change your mind as follows:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurements etc;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01527 570952 or email us at esales@firesafeservices.co.uk or write to us at our registered office.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
12.1 We are under a legal duty to supply products that are in conformity with this contract:
(a) If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
(b) If your product is services, the Consumer Rights Act 2015 says that the service must be carried out with reasonable care and skill.
12.2 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
13. PRICE AND PAYMENT
13.1 The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 We accept payment by debit or credit card using Sage Pay. If you would like more information about Sage Pay please contact us. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. If you use Sage Pay, payment will be taken immediately.
(b) For services, you must make an advance payment of 25% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed the service. You must pay each invoice within 30 calendar days after the date of the invoice, subject to agreed credit terms and checks.
13.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
14.3 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.5 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2 Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may refuse consent at our absolute discretion.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
16.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. We are not registered with any alternative dispute resolution provider. In addition, disputes can be submitted via the European Commission Online Dispute Resolution platform.
16.8 The rights and obligations set out in these terms shall be solely for the benefit of and shall be enforceable only by you and us, and our respective successors and assigns. A person who is not a party to these terms has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms and conditions hereunder but this does not affect any right of such third party which exists or is available apart from the said Act.
CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Fire Safe Services Ltd
Saturn House, Saxon Business Park,
Stoke Prior,
Bromsgrove B60 4AD.
Tel: 01527 570952.
Email: esales@firesafeservices.co.uk.
I/We [*]
hereby give notice that I/We [*]
cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [* ]/received on [* ],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
