1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether sales are concluded online, over the telephone or by other means.
1.2 Why you should read them. 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 require any changes, please contact us to discuss whether this is possible, but any changes must be confirmed in writing by us.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
Provisions specific to consumers only are in Blue and those specific to businesses only are in Green.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.1 Who we are. We are First Tunnels Limited a company registered in England and Wales. Our company registration number is 4196731 and our registered office is at Walkers Accountants Ltd, Suite 3, Aireside House, Aireside Business Centre, Royd Ings Avenue, Keighley, West Yorkshire, England, BD21 4BZ.
2.2 How to contact us. You can contact us by:
2.3 How we may contact you. 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 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. 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 cannot accept your order. If we are unable to accept your order, we will inform you of this 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 a credit reference we have obtained for you does not meet our minimum requirements, 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 Your order number. 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.
4.1 Products may vary slightly from their pictures. 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. Although we have made every effort to be as accurate as possible, the nature of our products means that all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
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.
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 International Orders. If you are a customer and are based outside the UK, or would like your products delivering to an address outside the UK, please contact us as there may be changes to product specifications, prices and delivery charges that are applicable. Any such orders shall only be accepted in writing.
6.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. Please see www.firsttunnels.co.uk/shipping for more details.
6.4 We are not responsible for delays outside our control. 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.
6.5 Collection by you. 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 9.00 am to 5.00 pm on weekdays (excluding public holidays) and Saturdays.
6.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery partner will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.7 If you do not re-arrange delivery. 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 9.2 will apply.
6.8 When you become responsible for the product. A product 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, collect it from us.
6.9 When you own the product. You own a product on the later of delivery of the product, or once we have received payment in full.
7.1 You may end the contract because of something we have done or are going to do. If:
then the contract will end immediately and we will refund you in full for any products which have not been provided.
7.2 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 of delivery or collection of the products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.3 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
7.4 Returning products after ending the contract. 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 return the goods in person or post them back to us at First Tunnels Limited, Unit 5, Altham Business Park, Metcalf Drive, BB5 5SJ. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.5 When we will pay the costs of return. We will pay the costs of return:
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
7.6 How we will refund you. 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, as described below.
7.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are a consumer exercising your right to change your mind:
7.8 When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are a consumer exercising your right to change your mind then:
8.1 We may end the contract. We may end the contract for a product at any time by writing to you if:
8.2 You must compensate us if you break the contract.
If you are a consumer and we end the contract in the situations set out in clause 8.1 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.
If you are a business and we end the contract in the situations set out in clause 8.1 then:
How to tell us about problems. If you have any questions or complaints about the product, please contact us.
10.1 Your statutory rights. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
10.2 Our goodwill guarantee. Certain products manufactured by ourselves are subject to our own guarantee, which varies in length depending on the product in question. Such guarantees are stated in our catalogue and/or on our website. During any such guarantee period we warrant that the products will be free from material defects in quality and workmanship, and that they will correspond to their specification. This guarantee does not affect your statutory rights.
10.3 Exclusions. For the avoidance of doubt, we will not be liable for any defect in the products arising from fair wear and tear, wilful damage, accident, negligence, use otherwise than as recommended by us, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without our prior approval.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person or post them back to us. Where the products are found to be defective we will refund the costs of postage or collection (subject to a maximum of our standard delivery charges). Please contact us to let us know that you wish to return the product.
11.1 Our warranty. If you are a business customer, we warrant that on delivery, the products will:
11.2 Extension to our warranty. Where we offer a goodwill guarantee to consumers under clause 10.2, you shall also be entitled to the benefit of this guarantee.
11.3 How to make a claim. Subject to clause 11.4, if you are a business customer and:
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
11.4 Exclusions. If you are a business customer, we will not be liable for a product's failure to comply with the warranty in clause 11.1, or our goodwill guarantee under clause 11.2, if:
11.5 This clause sets out our entire liability. Except as provided in this clause 13, if you are a business customer we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
12.1 Where to find the price for the product. The price of the product (which includes 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 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. 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.
12.3 What happens if we got the price wrong. 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 products provided to you.
12.4 We may need to make adjustments to the price. We reserve the right to make adjustments to the price of the products at any time before delivery to reflect any increase in our costs which are outside our control (such as, without limitation, any foreign currency fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials or other costs of manufacture), any change in delivery dates or quantities which is requested by you, or any delay caused by any instructions from you or your failure to give us adequate information or instructions. If this is the case we will contact you for your instructions and you may cancel your order in accordance with clause 7.1.
12.5 When you must pay and how you must pay. We accept payment by most major credit or debit cards.
12.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.7 We can charge interest if you pay late. 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 1.5% a year above the base lending rate of the Yorkshire 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.
12.8 What to do if you think an invoice is wrong. 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.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If you are a consumer and 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.
13.2 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 products as summarised at clause 10.1; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
14.1 Our liability shall not be excluded or limited for certain types of actions. Nothing in these terms shall limit or exclude our liability for:
14.2 The implied terms of the Sale of Goods Act and the Supply of Goods and Services Act are excluded. If you are a business customer, except to the extent expressly stated in clause 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Our liability to you. Subject to clause 14.1, if you are a business customer:
How we will use your personal information. We will only use your personal information as set out in our Privacy Statement.
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 11.2 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. 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 If a court finds part of this contract illegal, the rest will continue in force. 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 Even if we delay in enforcing this contract, we can still enforce it later. 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 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business customer? If you are a business customer, 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.