Please read all these terms and conditions.
As we can accept your order, please read these terms and conditions. If you are not sure about anything, please contact us on 07534409903.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Thames Hedging LTD a company registered in England and Wales under number 10351473 whose registered office is at 24 Southwark Street, London, SE1 1TY, with email address [email protected]; telephone number 07534409903 ; (the Supplier or us or we).
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods; this refers to the part payment;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you, of the number and description as set out in the Order;
7. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.
8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate, i.e dimensions of the bespoke build.
Basis of Sale
10. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
11. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.
12. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
13. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price and Payment
14. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in the invoice or proposal of the Order or such other price as we may agree in writing.
16. Prices and charges include VAT at the time of the Order.
17. Payment for Goods must be made at least 7 days in advance of delivery. If agreed on a part payment, the balanced owed must be settled on close of business of the date of delivery. You must pay by bank transfer or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
17. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
18. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
19. If you treat the Contract at an end, we will (in addition to other remedies) promptly return 50% of payments made under the Contract thus far.
20. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return 50% of the payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and you will pay the costs of this.
21. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
22. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
23. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
24. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
25. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
26. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
27. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them. A refund of 50% of the purchase price will be made if you choose to return the goods. Returns will only be allowed within 14 days of the purchase.
28. If a part payment is agreed, the balance of the payment must be paid within 7 days of the delivery date. If payment is not received, daily interest will be added to the amount outstanding. If payment is not received after 35 days, your account will be handed over to attorneys, whereby you will be responsible for all legal fees as well as the outstanding balance plus interest.
29. Once delivery and installation is completed, the supplier has concluded their contracultural obligation to clients. Any damage caused thereafter, which is beyond the supplier’s control, does not form part of the contractual obligation and no refunds shall be allowed. Post-sale services requiring attention shall be rectified within 30 days of completing the project. This shall be agreed when the order is completed.
Circumstances beyond the control of either party – mainly refer to COVID19
30. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
c. If you or anyone in your household have or have had any symptoms of the virus within the past 14 days, we have an obligations not to continue with the delivery.
31. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
33. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
34. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organizational measures to ensure your Personal Data is secure.
35. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].
36. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
37. The Contract of a part payment is agreed (including any non-contractual matters) is governed by the law of England and Wales.
38. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
39. We try to avoid any dispute, so we deal with complaints as follows: via email [email protected]