All sales of goods by First Tunnels, whether made via its website, by telephone, or by any other means, are subject to the Conditions listed below.
1 Definitions and Interpretations
1.1 In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
|"Customer or you"||
the person who makes an offer to buy the Goods from First Tunnels subject to these Conditions and whose offer for the Goods is accepted by First Tunnels and such acceptance is acknowledged to the Customer (the "First Tunnels Acknowledgement");
the contract for the purchase and sale of the Goods;
Goods which are ordered for delivery outside the UK, which must be separately negotiated and agreed between the parties;
the goods ordered by the Customer from First Tunnels;
the order placed by the Customer with First Tunnels for the Goods either on the order page headed "Checkout", or by completing the order form, or by telephone;
First Tunnels Limited of Dixon Street, Barrowford, Lancashire BB9 8PL (registered office: Suite 3, Aireside House, Aireside Business Centre, Keighley, BD21 4BZ; Company Number: 4196731);
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1 First Tunnels shall sell and the Customer shall purchase the Goods in accordance with these Conditions and any extra conditions or terms stated on the First Tunnels website or in its catalogue.
2.2 All Contracts made by First Tunnels and any additions or amendments thereto shall be subject to these Conditions
2.3 First Tunnels reserves the right to alter these Conditions from time to time and the alterations will apply to any orders received after that time.
3.1 No Order submitted by the Customer shall be deemed to be accepted by First Tunnels unless and until confirmed by the First Tunnels Acknowledgement.
3.2 The Customer shall be responsible to First Tunnels for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable First Tunnels to perform the Contract.
3.3 The quantity and description of the Goods to be provided by First Tunnels to the Customer under the Contract shall be those set out in the First Tunnels Acknowledgement.
3.4 No Order which has been accepted by First Tunnels may be cancelled by the Customer except with the agreement in Writing of First Tunnels and on terms that the Customer shall indemnify First Tunnels in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by First Tunnels as a result of cancellation. This clause does not apply if you are a consumer and clause 11 shall apply in that case
4 Price and Payment
4.1 The price of the Goods shall be the price listed on the First Tunnels’ website at the date of the First Tunnels Acknowledgement (the "Price"). Separate prices may apply in relation to Export Goods. Prices include VAT but do not include delivery.
4.2 First Tunnels reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to First Tunnels which is due to any factor beyond the control of First Tunnels (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates or quantities which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give First Tunnels adequate information or instructions.
4.3 Payment can be made by any method specified on the Checkout page of the website. First Tunnels will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
4.4 Payment of the Price together with the delivery charges (as specified on the website but updated from time to time) will be debited from the Customer's account after the First Tunnels Acknowledgement has been notified to the Customer but before the Goods are delivered.
4.5 Where First Tunnels invoices the Customer payment of the invoice is due within 28 days and late payment attracts interest at the rate of 1.5% above the base lending rate of Yorkshire Bank. After 60 days, customers whose accounts remain unpaid will have their credit facilities suspended and no further goods will be supplied.
4.6 Any discount which is offered subject to payment by a specific date may be withdrawn if payment is not made by that date.
4.7 While First Tunnels tries to ensure that all prices on the First Tunnels website are accurate, errors may occur. If First Tunnels discovers an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
4.8 If the Customer's card issuer fails to make any payment of the Price or any delivery charge on behalf of the Customer then, without prejudice to any other right or remedy available to First Tunnels, First Tunnels shall be entitled to cancel the contract or suspend any further deliveries.
5.1 If any claim is made against First Tunnels that the manufacture or sale of the Goods infringes the intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of First Tunnels, indemnify First Tunnels against all damages, costs or expenses incurred by First Tunnels in or about the defence or settlement of the claim. To the extent that First Tunnels is at fault it shall similarly indemnify the Customer.
6.1 Delivery charges and estimated timescales are specified on First Tunnels’ website under ‘Shipping’. First Tunnels makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.
6.2 If the Customer is a consumer First Tunnels will deliver the Goods without undue delay and no later than 30 days from the time of First Tunnels Acknowledgement
6.2 Subject to clause 6.2 any time or date for the despatch or delivery of Goods shall be taken as an estimate made by First Tunnels in good faith but shall not be of the essence of the Contract. First Tunnels shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated delivery date/time or such other date/time as may be subsequently agreed.
6.3 Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by First Tunnels delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and First Tunnels have agreed in Writing.
6.4 First Tunnels will not deliver Goods to premises outside of the UK. Any request for such delivery must be specifically negotiated and agreed in Writing.
6.5 If the Customer fails to take delivery of the Goods or fails to give First Tunnels adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of First Tunnels’ fault) then, without prejudice to any other right or remedy available to First Tunnels, First Tunnels may:
6.5.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
7 Data Protection
7.1.1 When you register and use this site you will be asked to provide certain information such as your contact details. First Tunnels will store this data and hold it on computers or otherwise. First Tunnels will use this data to fulfil its agreement with you.
7.1.2 First Tunnels may use the information that you provide or that is obtained by us for the following purposes.
184.108.40.206 To register you with the First Tunnels website and to administer the First Tunnels website services.
220.127.116.11 For assessment and analysis (e.g. market, customer and product analysis) to enable First Tunnels to review, develop and improve the services which we offer. .
18.104.22.168 For the prevention and detection of fraud.
22.214.171.124 To administer any prize draws or competitions you enter.
7.1.3 We may give information about you, under conditions of confidentiality, to the following, who may use it for the same purposes as set out above:
126.96.36.199 to other companies in our group;
188.8.131.52 to employees and agents of First Tunnels or our group to administer or improve any accounts, products and services provided to you by First Tunnels or the group now or in the future;
184.108.40.206 to other organisations for the administration of prize draws or competitions you enter, should you enter any.
7.1.4 We may also disclose your information:
220.127.116.11 to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
18.104.22.168 if we have a duty to do so or if the law allows us to do so.
7.1.5 In order that we can monitor and improve our website, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version and the web site that you visited prior to our site.
7.1.7 First Tunnels may supplement the information that you provide to us with information that we receive from third parties.
7.1.8 First Tunnels endeavours to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
7.1.9 You have the right to see personal data (as defined in the Data Protection Act) that First Tunnels keeps about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us.
7.1.10 Please be aware that our site may link to other websites which may be accessed through the First Tunnels site. We are not responsible for the data policies or procedures or the content of these linked websites.
7.2 How can I get my name removed for the First Tunnels website mailing list?
7.2.1 If you want to be removed from our mailing list, or have us delete your details from our database, please send an email to [email protected] detailing your request. Please note that it may take up to 28 days to action your request.
7.3 Contact Us
8.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when First Tunnels has tendered delivery of the Goods.
8.2 The ownership of the Goods shall pass to the Customer at the time of the:
8.2.1 passing of risk in the Goods to the Customer pursuant to sub-clause 8.1; or
8.2.2 receipt by First Tunnels of payment in full of the Price and cost of delivery;
whichever is the later.
8.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), First Tunnels shall be entitled at any time to require the Customer to deliver up the Goods to First Tunnels and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
8.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of First Tunnels, but if the Customer does so all moneys owing by the Customer to First Tunnels shall (without prejudice to any other right or remedy of First Tunnels) forthwith become due and payable.
9 Insolvency of Customer
9.1 This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 8.2 one or more of the following events occurs (the "Cancellation Events"):
9.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
9.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
9.1.3 the Customer ceases, or threatens to cease, to carry on business;
9.1.4 First Tunnels reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
9.2 If this clause applies then, without prejudice to any other right or remedy available to First Tunnels, First Tunnels shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that First Tunnels shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
10.1 First Tunnels offers guarantees in relation to the products it manufactures, which vary in length depending on the product in question, and such guarantees are stated in the catalogue and/or on the website. During the guarantee period, First Tunnels warrants that the relevant Goods will be free from material defects in quality and workmanship, and that they will correspond to their specification. The guarantees do not affect your statutory rights.
10.2 First Tunnels offers no warranties or guarantees in respect of products it sells which are manufactured by third parties, but wherever possible will pass the benefit of any warranty or guarantee it receives from the manufacturer to the Customer.
10.3 For the avoidance of doubt, First Tunnels shall not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence, use otherwise than as recommended by First Tunnels, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the approval of First Tunnels.
10.4 Any claim by you that the Goods are defective or fail to correspond with their description shall be notified to First Tunnels in Writing at the following address as soon as possible after delivery or (where the defect was not apparent on reasonable inspection) within seven days of discovery of the defect: Dixon Street, Barrowford, Lancashire BB9 8LP. If you do not notify us of your claim within a reasonable period and in Writing as stated above, you shall not be entitled to reject the Goods and we shall have no liability for the defect or failure.
10.5 Upon receipt of your claim First Tunnels shall arrange for inspection of the rejected Goods. First Tunnels shall collect any faulty or incorrect Goods, and shall either, at its option, refund the full Price and delivery charges, or replace the Goods. If it is possible to repair or alter the Goods so that they do conform to their specification and warranted quality standards within a reasonable time period, then First Tunnels may choose to so repair or alter them.
11 Your right to cancel
11.1 If you are a consumer , you have the right to cancel the Contract at any time up to the end of 14 days after you receive the Goods or in the event that the goods are faulty you have 30 days.
11.3 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to First Tunnels within the next 14 days at your own cost. The Goods must be returned to the address shown in Clause 11.2, be in good condition, and you should enclose the order number with the package. You must ensure that the Goods are not damaged in the meantime or in transit. First Tunnels can charge you for any Goods which are returned with a diminished value eg if you have attempted to assemble any doors or frames
11.4 Once you have notified us that you are cancelling the Contract, First Tunnels will refund or recredit you within 14 days for any sum that has been paid by you or debited from your credit card for the Goods including any standard delivery charges you may have paid.
11.5 If you do not return the Goods as required, First Tunnels may charge you a sum not exceeding the direct costs of recovering the Goods.
11.6 This Clause 11 shall not apply to Orders for Goods to be manufactured to the Customer’s specifications or personalised where such Goods cannot easily be sold to other customers.
12 Exclusion of liability
12.1 Except in respect of death or personal injury caused by First Tunnel’s negligence, or liability for defective products under the Consumer Protection Act 1987, First Tunnels shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under an express term, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply in accordance with the Contract or at all) or the use or resale of the Goods by the Customer, and the entire liability of First Tunnels under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions. This clause shall not affect your statutory rights as a consumer.
13 Export Goods
13.1 In the case of orders for Export Goods the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them, unless otherwise agreed in Writing.
14 Force Majeure
14.1 First Tunnels shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of First Tunnels’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond First Tunnels’ reasonable control.
15.1 The Contract shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
15.2 We do not guarantee that this website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.
15.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its email address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
15.4 No waiver by First Tunnels of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
15.7 The fact that these Conditions are displayed electronically or transmitted via the Internet shall not affect their validity or enforceability.