This page and our Privacy Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please click on the button marked "I Accept the Terms & Conditions" at the end of the checkout, if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.castirongutter.co.uk. We are Heritage Foundry Limited, a company registered in England and Wales under company number 12341674 and with our registered office at the Old Bus Station, Harborough Road, Desborough NN14 2QY. Our VAT number is (314 1966 83).
1.2 To contact us, please see our Contact Us page www.castirongutter.co.uk or e-mail us at heritagefoundry@castirongutter.co.uk or call us on 01536 762400
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.
2.3 Recommendations regarding the use of the Products are based on experience. However, since the conditions to which the Products may subsequently be subject when in service are beyond our control, we do not guarantee nor are we liable for the accuracy of any advice given nor do we guarantee any liability for the accuracy of any specification, illustration, drawing or other particulars of our Products in any advertisement or other publication which we issue. We reserve the right to make any changes in the specification of the Products which are required to conform to any applicable statutory or E.U requirements or where the Products are to be supplied to your specification, which do not materially affect their quality or performance.
3. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
4. TITLE AND RISK
4.1 Risk in the Products shall pass to you on delivery. Notwithstanding delivery and the passing of risk in the Products, the Products shall remain our sole and absolute property until such a time as you shall have paid to us in cash or cleared funds the purchase price of the Products, together with the full price of any other products the subject of any other contract between us and you.
4.2 You acknowledge that until such a time as you become the owner of the Products, you are in possession of the Products solely as fiduciary agent and bailee for us and you will store, protect and insure the Products on your premises separately from your own goods or those of any other person and in a manner which makes them readily identifiable as our Products. Subject to the terms hereof, you are licensed to re-sell or use the Products in the ordinary course of its business PROVIDED THAT any sale of the Products shall take place as bailee for us and that the entire proceeds of sale are held in trust for us and are not mingled with other monies or paid into any overdrawn bank account. Your right to possession of the Products shall cease if any of the Provisions of Condition 8 shall apply to you. If payment for the Products is overdue in whole or in part we may, without prejudice to any other rights and remedies, recover and/or sell the Products or part thereof and shall be entitled to enter upon your Premises or site for that purpose.
5. You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.1 These Terms and our Privacy Policy constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This will confirm the products, prices, invoice & delivery address ,however please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.6.3 We will confirm our acceptance to you by sending you an e-mail that acknowledgement that will confirm all the details in 6.2 and our anticipated delivery date. The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 9, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances; (a) changes in how we accept payment from you; (b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8. DEFAULT OR INSOLVENCY OF YOU THE CUSTOMER
8.1 This condition applies if:
8.1.1 You are in breach of any of your obligations under these Conditions; or
8.1.2 You have a receiving order in bankruptcy made against you or make any arrangement with your creditors or, being a Company, have a receiver, liquidator, administrator, supervisor, or administrative receiver appointed over your property or assets or any parts of them or if any order shall be made or any resolution passed for winding you up; or
8.1.3 You cease, or threaten to cease, to carry on business; or
8.1.4 We reasonably consider that any of the events mentioned above will occur.
8.1.5 If this condition applies then we may, without prejudice to our other rights or remedies, demand immediate payment by you of all unpaid accounts and suspend further deliveries and cancel this and any other contract between us without any liability attaching to us in respect of such suspension or cancellation and debit you with any loss sustained thereby.
9. DELIVERY
9.1 Your order will be fulfilled by the estimated delivery date, this dependent on size of order) set out in the Acknowledgment, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 Cast iron orders are delivered on a pallet lorry, if there are any access restriction to your delivery point, this must be advised at the time of placing the order. If there is any re delivery charge, due to insufficient information, then this will be charged to you at cost. Our standard delivery service of a pallet is to the kerbside of your property, and includes the goods being off loaded with a tail lift and a pallet truck, in some cases it may be possible to move the pallet a short way on a concrete surface
9.6 All goods delivered will require a signature. We must be notified of any shortage/damage within 48 hours.
9.7 All pallet deliveries will be booked in with you, should we not be able to contact you, we may delay your delivery, until contact can be made.
10. INTERNATIONAL DELIVERY
10.1 Unfortunately, we do not offer standard delivery to addresses outside the UK.
10.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK, unless agreed. .
10.3 We may agree to deliver goods to an address outside the UK depending upon the size and nature of the order but an additional delivery charge may apply and you will be responsible for all duty or other taxes, fees or charges that may apply in the country or territory to which we are sending it or other countries or territories en route.
11. PRICE OF PRODUCTS AND DELIVERY CHARGE
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. We may deduct VAT where allowable when goods are despatched to countries or territories outside the UK subject to clause 10 (above).
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site.
11.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: (a) Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and (b) If the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. HOW TO PAY
12.1 You can pay for Products using a debit card, credit card or bank transfer.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13. PRODUCTS INFORMATION AND REFUNDS/RETURNS
13.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.
13.2 The warranty in clause 13.1 does not apply to any defect in the Products arising from: (a) fair wear and tear; (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) if you fail to operate or use the Products in accordance with the user instructions; (d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or (e) any specification provided by you.
13.3 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
13.4 If aluminium rainwater goods are to be installed in a coastal environment, please be aware that the atmospheric conditions of coastal locations can accelerate the oxidization process. As a result of this we would not normally recommend the use of aluminium rainwater systems in such locations, however, applying two coats of the polyester powder coating prior to despatch, together with a strict and frequent maintenance regime, means the product should have a life expectancy in excess of 15 years. It is important to note that this life expectancy would depend on any installation damage being repaired immediately with the appropriate touch-up paint, as should any site cut ends exposing bare metal, which must be de burred and then repainted.
13.5 If cast iron rainwater goods are to be installed in a coastal environment, please be aware that the atmospheric conditions of coastal locations can accelerate the oxidization process. As a result of this we would not normally recommend the use of painted cast iron rainwater systems in such locations. A strict and frequent maintenance regime would mean the product should have a longer life expectancy. Any site cut ends exposing bare metal should be touch up before final installation.
13.6 Galvanised steel brackets for cast iron goods with a painted finish, please be aware that these products do not adhere to the paint in the same way as cast iron goods, at times the product may get knocked in transit or installation, we recommend that these products are touched up after installation, most of our cast iron painted black deliveries are supplied with a free tin of touch up paint. If you did not receive some touch up paint, we will gladly supply free of charge, if this problem occurs.
13.7 Primed cast iron products are supplied with one coat protective red or grey oxide primer. This primer will give protection against corrosion during transportation and short-term undercover storage, and will provide a suitable surface for primer coating and final painting. On-site handling and painting are the reasonability of the contractor, and particular environment considerations should be taken into account when choosing the paint system for the final finishing. We recommend that an additional priming coat be applied on site, followed by 1 undercoat and 2 gloss coats of an alkyd paint system. All individual elements should receive the first of the gloss coats before fixing, and finished with the final gloss coat after the installation is Complete.
13.8 The Products must be returned by you or your couriers at your own risk and insured for a value not less than the full invoice price.
13.8.2 Specifically ordered/bespoke items are not returnable.
13.8.3 Non stock, items are not returnable, these include mill finish aluminium, powder coated aluminium & some steel products. Stock items can be returned for a refund, if in resalable condition.
13.8.4 The cost of collection and re-delivery of replacement items will be met by you unless the Products are faulty due to our fault.
13.8.5 Only Products returned in saleable condition can be accepted for a credit/refund. We reserve the right to make a restocking and handling charge where appropriate and reasonable.
13.8.6 We do not accept the return of any Products unless the return has been sanctioned by us.
14. LIMITATION OF LIABILITY
14.1 Nothing in these Terms limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
14.3 Subject to clause 14.1 and clause 14.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Products.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. TERMS WHICH APPLY IF YOU ARE A CONSUMER
15.1 If you are a consumer, then the following terms and conditions apply and in the event of a conflict between the provisions set out in this Clause 15 and any other terms of this Agreement, then the terms set out in this clause will prevail to protect you.
15.2 In respect of any Products which you order, we will rely upon these terms, any documents referred to in these terms and our Privacy Policy.
15.3 As a consumer you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
15.4 Your Cancellation and Refund Rights if You are a Consumer This Clause 15.4 only applies if you are a consumer
15.4.1 If you are a consumer you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below.
15.4.2 This means that during the relevant period if you change your mind or for any other reasons you decide you do not want to keep a Product you can notify us of your decision to cancel the contract and receive a full refund. Advice about your legal right to cancel the contract is available from your local Citizens Advice Bureau (CAB) or Trading Standards Office.
15.4.3 However, please note this cancellation right does not apply in the case of any made to measure custom made or ordered products.
15.4.4 Your legal right to cancel a contract starts from the date of the order confirmation which is when the contract between us is formed. If the Products have already been delivered to you you have the period of 7 working days in which you may cancel starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
15.4.5 To cancel a contract you must contact us in writing by sending an e-mail to the above e-mail address or please contact our Customer Service telephone line on 01536 762400. You may wish to keep a copy of your cancellation notification for your own records.
15.4.6 You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and in any case within 30 calendar days of the day on which you gave us notice of cancellation. If you return the Products to us because they were faulty or misdescribed, please see Clause 15.4.7.
15.4.7 If you have returned the Products to us under this clause because they are faulty or misdescribed, we will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
15.4.8 We will refund you on the credit card, debit card used by you to pay, or bank transfer
15.4.9 If the Products were delivered:- (a) You must return the Products to us as soon as reasonably practical, (b) Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. (c) You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. Details of your legal rights to cancel and an explanation of how to exercise it will be provided with your order.
15.4.10 As a consumer you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.
15.5. OUR LIABILITY IF YOU ARE A CONSUMER
15.5.1 If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
15.5.2 We only supply the Products for your domestic and private use. We do not supply to you a product for any commercial business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.5.3 We do not in any way exclude or limit our liability for:- (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by Section 12 of the Sale of Goods Act 1979 (Title and Quiet Possession); (d) any breach of the terms implied by Section 13 to Section 15 of the Sale of Goods Act 1979 (Description, Satisfactory Quality, Fitness for Purpose and Samples); (e) defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (g) we will contact you as soon as reasonably possible to notify you; and (h) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to Heritage Foundry Ltd at heritagefoundry@castirongutter.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.
17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17.4 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.5 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.