1.1 In this contract: ‘we’, ‘us’ or ‘our’ means Advanced Group Services Limited, a company registered in England and Wales under company number 01642374; and ‘you’ or ‘your’ means the person buying goods or services from us.
1.2 If you don’t understand any of this contract and want to talk to us about it, please speak with us in person or contact us by email to email@example.com.
1.3 If you buy goods or services from us you agree to be legally bound by this contract.
1.4 In some areas you will have different rights under these terms depending on whether you are a trade customer or retail customer. Where certain terms only apply to retail customers or (as the case may be) trade customers, this is indicated in the relevant term (for example clause 5 only applies if you are a retail customer). You are a retail customer if you are an individual, and you are purchasing a product or service from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession); otherwise you are a trade customer.
2. Ordering goods or services from us
2.1 Any quotation given by us before you make an order for goods or services is not a binding offer by us to supply such goods or services. When you decide to place an order for goods or services with us, this is when you offer to buy such goods or services from us.
2.2 When you place your order with us, we will acknowledge it in store (if you visit in person) or by telephone or email (if you do not visit in person). This acknowledgement does not, however, mean that we can definitely accept your order.
2.3 We will tell you promptly if we cannot accept your order. This is typically for the following reasons: (a) the goods or services are unavailable; (b) we cannot authorise your payment; or (c) there has been a mistake on the pricing or description of the goods or services.
2.4 We will only accept your order when we confirm this in store or by telephone or email (Confirmation Email). At this point: (a) a legally binding contract will be in place between you and us for the purchase of those goods or delivery of those services (Contract); and (b) we will dispatch the goods to you or (if you visit in person) hand the goods over to you and (to the extent that your order involves any services) deliver those services to you as agreed.
3. Delivery of goods
3.1 If we need to deliver goods to you or you ask that we do so, we will attempt to make arrangements for you. The price of the goods does not include the cost of delivery and if you want information on your delivery options and costs, speak with us in store or visit our webpage www.adrad.co.uk before you place your order.
3.2 We will let you know in store or in the Confirmation Email (see clause 2.4) the estimated date and time window for delivery of the goods.
3.3 If something happens which: (a) is outside of our control; and (b) affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods.
3.4 Delivery of the goods will take place when we hand the goods over to you (if you visit in person) or (if you don’t visit in person) deliver them to the address that you gave to us.
3.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will: (a) let you know; (b) cancel your order; and (c) give you a refund.
3.6 If nobody is available to take delivery, please let us know using the contact details at the top of this page.
3.7 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
3.8 We do not make deliveries to any addresses outside of the UK.
3.9 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, please speak with us in store or check the Confirmation Email (see clause 2.4).
3.10 Unless otherwise agreed in writing, if we have notified you that your goods are ready for delivery and you have not collected them within one (1) month of being asked to do so, we may resell or otherwise dispose of part or all of those goods and, after deducting reasonable storage and selling costs, charge you for any shortfall below the price of the goods or (as the case may be) reimburse you with the balance of any proceeds of sale left over after deduction of these costs.
3.11 This clause 3.10 does not apply if you are a retail customer. If you are a trade customer, you must examine any goods received from us upon delivery. If this examination reveals any shortfall or surplus of goods (as compared to the amount you ordered), you must notify us of the shortfall/surplus in writing within five (5) business days.
4. Delivery of services
We will aim to deliver and complete the services by the date(s) which we agreed and confirmed to you with our acceptance of your order. We will not change any confirmed dates unless we have a good reason to do so and have notified you in advance.
5.1 For goods, subject to clause 5.2, unless otherwise agreed with you in writing, you must pay in full prior to or at the time the goods are handed over to you or dispatched by us.
5.2 You must pay in full at the time of ordering any goods from us which will be customised to your specifications or are clearly personalised.
5.3 For services, we will invoice you in arrear for the services we have carried out. Unless we agree otherwise in writing, you must pay each invoice within thirty (30) days after the date of the invoice.
5.4 We accept cash and most major credit and debit cards. For goods, your credit card or debit card will only be charged just before the goods are handed over to you or dispatched by us. All payments by credit card or debit card need to be authorised by the relevant card issuer.
5.5 The price of the goods or services is exclusive of VAT, which will be payable in accordance with the invoice for the relevant goods or services. If you are a retail customer, prices will be quoted with VAT included.
6. Nature of the goods and dealing with faulty goods or unsatisfactory services if you are a retail customer
6.1 This clause 6 only applies if you are a retail customer.
6.2 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods: (a) are of satisfactory quality; (b) are fit for purpose; (c) match the description, sample or model; and (d) are installed properly (if we install any goods).
6.3 We must provide you with goods and services that comply with your legal rights.
6.4 The packaging of the goods may be different from that shown in store.
6.5 Any goods sold: (a) at discount prices; (b) as remnants; (c) as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
6.6 If we cannot supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case: (a) we will let you know if we intend to do this but this may not always be possible; and (b) you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
6.7 If a service is not carried out with reasonable care and skill, you can ask us to repeat or fix a service or get some money back if we cannot fix it.
6.8 If you have not agreed a price or time for a service beforehand, what you are asked to pay must be reasonable and the service must be carried out within a reasonable time.
6.9 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 and other applicable legislation (also known as ‘statutory rights’). You may also have other rights in law. For more detailed information on your rights and what you should expect from us, please either speak with us in store, or visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
6.10 Please contact us using the contact details at the top of this page, if you want us to: (a) repair the goods; (b) replace the goods; (c) re-perform a service (d) provide a price reduction; or (e) provide a refund.
6.11 In accordance with your statutory rights, we are unfortunately unable to accept returns or provide refunds for any returned goods that are customised to your specifications or are clearly personalised, unless they are faulty, not fit for purpose, not as described, or (if we have installed the relevant goods) not installed properly.
7. Warranty for goods and services sold if you are a trade customer
7.1 This clause 7 only applies if you are a trade customer.
7.2 Subject to clauses 7.3 and 7.4, the only warranty we provide to trade customers (unless we agree otherwise in writing) in relation to goods purchased from us is that on delivery, and for a period of six (6) months from the date of delivery (warranty period), those goods shall: (a) conform in all material respects with their description and any applicable customisation request; (b) be free from material defects in design, material and workmanship; and (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (d) be fit for any purpose held out by us. All other warranties in relation to those goods (whether express or implied) are excluded to the maximum extent permitted by law.
7.3 We will not be liable for the goods’ failure to comply with the warranty provided at clause 7.2 if: (a) the defect arises because you failed to follow our and/or our relevant manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; (b) the defect arises as a result of us following a customisation request by you; (c) you alter or repair goods without our written consent; (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; (e) the goods differ from their description and/or the customisation specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards; (f) or you fail to provide a proof of purchase for the goods which is satisfactory to us (acting reasonably), for example an original purchase invoice.
7.4 You may return goods which are not damaged or otherwise defective due to an act or omission by you (and/or a party under your direction or control) and are otherwise in a saleable condition if: (a) written approval is given by the us (such consent not to be unreasonably withheld, conditioned or delayed) and; (b) you must also pay a handling charge of 25% of the original price of the relevant goods to us. This clause 7.4 does not apply to any goods which have been personalised or customised from the manufacturer’s standard specification for them.
7.5 All services will be provided by us to you using reasonable care and skill. All other warranties (express and implied) as to our provision of services to you are excluded to the maximum extent permitted by applicable law.
8. End of the contract and events outside our control
8.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
8.2 If we are unable to provide any goods or services to you because of an event outside our control, 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 the delay continues for more than 30 days, you may contact us to end your contract with us and receive a refund for anything you have paid for but not received.
9. Limit on our responsibility to you
9.1 If you are a retail customer, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any: (a) losses that were not foreseeable to you and us when the contract was formed, or that were not caused by any breach on our part; (b) business losses; and (c) losses to non-retail customers.
9.2 If you are a trade customer, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any: (a) losses of profit, business, revenue, goodwill or anticipated savings; (b) any indirect or consequential loss or damage; or (c) liability arising as a result of any term implied by common law or statute, order, regulation or any other enactment, arising under or in connection with any Contract between us, each and all of which are excluded to the fullest extent permitted by law. Our total liability to you for all other losses arising under or in connection with any Contract between us, shall in no circumstances exceed a sum equal to the total amount paid by you to us under the relevant Contract.
10. Disputes, applicable law and third party rights
10.1 We will try to resolve any disputes with you quickly and efficiently.
10.2 If you are unhappy with: (a) the goods; (b) our service to you; or (c) any other matter, please contact us as soon as possible.
10.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will: (a) let you know that we cannot settle the dispute with you; and (b) provide you with details of an accredited alternate dispute resolution scheme.
10.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract. The laws of England and Wales will apply to this contract.
10.5 No one other than a party to this contract has any right to enforce any term of this contract.