Terms of service

Overview

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND ENSURE YOU UNDERSTAND THEM BEFORE ENGAGING US OR ORDERING AND BUYING OUR GOODS

This website is operated by Ascot Fencing Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Ascot Fencing Ltd. Ascot Fencing offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and in our full Terms and Conditions of Business. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

1. Terms and Conditions

1.1. These are the terms and conditions on which we supply products to you, whether these are goods or services.

1.2. By ordering from us, you confirm your agreement to comply with and be bound by these terms. If You do not agree to all of these terms, please do not order or buy our goods and services, and alert us before we commence any activity on your behalf.

 

2. Information About Us and How to Contact Us

2.1. We are Ascot Fencing Ltd, a company registered in England and Wales. Our company registration number is 12507744 and our address is Unit 43 Kempton Park Close, Allenton, DE24 8QB. Our registered VAT number is 349919642.

2.2. You can contact us by telephoning on 01332 361368 or by writing to us at info@ascotfencingderby.co.uk or the postal address above.

2.3. 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. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. Our Contract with You

3.1. This contract comes into existence when we accept your order.

3.2. 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 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. 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.

3.4. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

 

4. Our Products

4.1. 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.

4.2. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

 

5. Your Rights to Make Changes

5.1. 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11).

 

6. Our Rights to Make Changes

6.1. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2. In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

7. Providing the Products

7.1. During the order process we will let you know when we will provide the products to you.

7.2. If the products are goods we will supply them to you as soon as reasonably possible. We will contact you with an estimated delivery or collection date.

7.3. We will begin the services on the date agreed with you during the order process.

7.4. 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. Terms and Conditions page 2 revised November 2023

7.5. 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 8am to 4:30pm on weekdays (excluding public holidays) and 8am to 12pm on Saturdays.

7.6. If delivery was agreed by us in the order, time for delivery is not of the essence to this agreement. We will attempt to make a delivery time as accurately as possible, but it is not guaranteed.

7.7. If no one is available at your address to take delivery and no instructions were given as to where to leave the goods, we will leave you a note informing you of how to rearrange delivery or collect the goods from us. Further delivery charges may apply.

7.8. 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 13.5 will apply.

7.9. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 13.5 will apply.

7.10. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. Please inspect all goods at the time of delivery or collection. Acceptance of delivery or leaving our premises with the goods denotes acceptance of the goods and their condition.

7.11. All goods remain the property of Ascot Fencing Ltd until payment is received in full. You undertake and agree that we retain all equitable and beneficial ownership and title to the goods until the price for the goods is paid in full. We reserve the right to repossess any of the goods in respect of which payment is overdue and thereafter to re-sell the same and for this purpose you hereby grant and make sure any administrator or liquidator also grants an irrevocable right and licence to us and any of our personnel, sub-contractors and agents to enter upon all and any of your premises or the site, with or without vehicles, during normal business hours for the purpose of repossessing the goods. In addition, we reserve the right at any time that the price has not been paid in full in accordance with the terms of this agreement to give notice to you to return the goods. Until the price for the product has been paid in full you must keep the product in good repair and condition and identifiable as our property. You shall be responsible for all costs incurred by us in respect of any repossession of the goods and agree to indemnify us in full in respect of any costs (including legal costs), expenses, charges or otherwise we have incurred in this process. Terms and Conditions page 3 revised November 2023

7.12. We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.4 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13. We may have to suspend the supply of a product to:
7.13.1. Deal with technical problems or make minor technical changes;
7.13.2. Update the product to reflect changes in relevant laws and regulatory requirements;
7.13.3. Make changes to the product as requested by you or notified by us to you (see clause 6).

7.14. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 4 weeks you may contact us to end the contract for a product and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.15. If you do not pay us for the products when you are supposed to (see clause 8.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 8.5).

 

8. Price and payment

8.1. The price of the product (which includes VAT) will be the price set out in the order or our acceptance of it. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the product you order.

8.2. 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.

8.3. 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 Terms and Conditions page 4 revised November 2023 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 unmistakable 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 goods provided to you.

8.4. We accept payment with cash, Visa and Mastercard, by bank transfer, and Klarna. When you must pay depends on what product you are buying:
8.4.1. For goods, you must pay for the products before we dispatch them or before you collect them.
8.4.2. For services, you must make an advance payment of 20% of the price of the services, before we start providing them. The balance will be due on completion of the services.
8.4.3. Klarna payments: If you choose to pay using Klarna, your payment will be processed by Klarna Bank AB (publ) and your use of Klarna’s services will be subject to Klarna’s own terms and conditions and privacy policy. Any payment agreement entered into using Klarna is between you and Klarna directly. We are not responsible for Klarna’s payment services, decisions, or agreements.

8.5. 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 3% a year above the base lending rate of Barclays 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 judgement. You must pay us interest together with any overdue amount.

8.6. If you think an invoice is wrong please contact us promptly to let us know.

 

9. If there is a problem with the product

9.1. If you have any questions or complaints about the product, please contact us. You can telephone us on 01332 361368 or email us at info@ascotfencingderby.co.uk

9.2. If you wish to exercise your legal rights to reject products you must either refuse delivery and send the goods back with the delivery driver or return them in person to where you bought them.

 

10. Liability

10.1. Non-exclusion. We do not intend to 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 and for fraud or fraudulent misrepresentation.

10.2. Exclusion. Subject to clause 10.1 above, we exclude any and all liability to you resulting from your use of the goods and/or our services or these terms, including but not limited to any type of damages, loss of data, income or profit, loss or damage to property belonging to you or third parties which is related to the use of the goods or services. Terms and Conditions page 5 revised November 2023

10.3. Exclusion. Except where you are dealing as a consumer (as defined in the Unfair Contracts terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)), all warranties, conditions or terms relating to fitness for purpose, quality, or condition of the goods, whether express or implied by statute or common law (save as expressly given by these terms) are excluded to the fullest extent permitted by law.

10.4. To consumers only. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these terms or as a result of our negligence when providing the goods/and or services. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is anticipated by you and us when these terms are entered into. We will not be responsible for any loss or damage that is not foreseeable.

10.5. We will maintain suitable and valid public liability insurance.

10.6. Loss or damage - exclusion. If we are providing services on your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

10.7. Loss or damage - exclusion. We will not be liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profit, loss of business interruption, or loss of use) arising from these terms or the agreement for the supply of the goods or their use or our services, even if We are negligent.

10.8. Loss or damage - limitation. Our liability for loss or damage shall in any event be limited to such as we ought reasonably to pay having regard to our responsibility for the same on the basis that all other consultants, specialists and contractors, shall where appointed, be deemed to have provided to you, or any relevant third party such as the land or building owner, contractual undertakings in respect of their goods and services and shall be deemed to have paid to you, or any relevant third party, such contribution as may be appropriate having regard to the extent to their responsibilities to you for such loss and damage.

10.9. Third party goods - limitation. Our liability for loss or damage arising out of or in connection with goods supplied to us by third parties shall in any event be limited to any benefit that we may receive under any manufacturer warranty or guarantee for those goods and no more.

10.10. Our total maximum liability to you, including as consumers, is limited to the price you have paid, and we have received for the goods and/or services.

10.11. This clause 10 will survive the termination of the agreement.

 

11. Your rights to end the contract Terms and Conditions page 6 revised November 2023

11.1. Ending the contract for good reason. If you are ending the agreement because:
11.1.1. We have told you about an upcoming change to the product or these terms which you do not agree to;
11.1.2. We have told you about an error in the price or description of the goods you have ordered, and you do not wish to proceed;
11.1.3. We have suspended supply of the goods for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks;
11.1.4. You must give us notice in writing and the agreement will end immediately and we will refund you any sums that may be due for any goods not provided, collected or delivered to you, at our sole discretion.

11.2. Ending the contract without a good reason. If you are not ending the agreement for one of the reasons set out in clause 11.1, you must also give us notice in writing. The agreement will end immediately, and we will refund any sums paid by you for goods not provided, collected or delivered to you but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the agreement.

 

12. Cancellation During the Cooling Off Period

12.1. This clause 12 applies to consumers only. As a consumer you have a statutory right to a 14 day “cooling off” period. This period begins once the agreement between you and us is formed and ends:
12.1.1. in relation to any goods bought, collected or delivered, at the end of 14 (fourteen) days after the date on which the goods are collected or delivered. If the goods are delivered in instalments, the 14-calendar day period begins on the day that you receive the final instalment;
and 12.1.2. in relation to the services, at the end of 14 (fourteen) Days after the date on which the agreement is formed.

12.2. If you wish to cancel the agreement within the 14-day cooling off period, you should inform us immediately by a clear statement in a letter sent by post at the postal address, or email address specified in clause 2.2 of these terms

12.3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

12.4. If you exercise this right to cancel you may, subject to this clause 12 and clause 12.7 receive a full refund of any amount paid to the us in respect of the agreement (including, but not limited to, the deposit, where applicable).

12.5. We will usually refund money using the same method used to make the payment. However, we reserve the right to issue a refund by bank transfer at our sole discretion.

12.6. We will process the refund due to you as a result of a cancellation without reasonable undue delay and, in any case, within the period of 14 (fourteen) days after the day on which we are informed of the cancellation.

12.7. If you exercise the right to cancel in relation to goods:
12.7.1. We will issue a refund of the price of the goods that you have paid, and we have received, no later than 14 (fourteen) days after we receive the relevant goods.
12.7.2. You must return the goods in the same state as when bought, collected or delivered by us and in a re-saleable condition to us within 14 (fourteen) days of the day on which you inform us that you wish to cancel and return them.
12.7.3. Deductions and no refunds:
12.7.3.1. We retain the right to make a deduction from the refund of the price for loss in value of any goods supplied if the loss is the result of unnecessary handling or bad storage by you of the goods.
12.7.3.2. We will also deduct any delivery charges we have incurred in delivering you and/or picking up the goods you have cancelled.
12.7.3.3. If applicable, we may also deduct the price of any goods specifically ordered and bought for you to render any services.
12.7.3.4. Please note that goods that become inseparably mixed with others cannot be returned and you will be charged the full price for them.
12.7.3.5. Please also note that we will not accept and give refunds for goods that were personalised or custom-made for you.

12.8. To exercise the right to cancel in relation to services with a start date that falls within the cooling off period:
12.8.1. You must make an express request for provision of the services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request you acknowledge and agree to the following:
12.8.1.1. If the work is completed within the 14 (fourteen) calendar day cooling off period, you will lose the right to cancel once the work is completed;
12.8.1.2. If you cancel the agreement after provision of the services has begun, you will be required to pay for the services and any goods that cannot be returned to us supplied up until the point at which you inform us of your wish to cancel;
12.8.1.3. The amount due will be calculated in proportion to the full price of the services and the actual services already provided as well as any goods specifically ordered for you. Any amounts that have already been paid for the services will be refunded subject to deductions calculated on this basis;
12.8.1.4. We will process any refund no later than 14 days after you inform us of your wish to cancel.

 

13. Our Rights to End the Contract

13.1. We may end the contract for a product at any time by writing to you if:
13.1.1. any amount of the price or other related charge owing to us by you under any of the provisions of these terms are not paid within 7 (seven) days of the due date for payment.
13.1.2. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
or 13.1.3. you do not, within a reasonable time, allow us access to your premises to supply the services.
13.1.4. you commit any other breach of any of the provisions of the agreement and, if the breach is capable of remedy, fails to remedy it within 7 (seven) days after being given written notice giving full particulars of the breach and requiring it to be remedied.
13.1.5. an encumbrancer takes possession, or where you are a business or company, a receiver is appointed, of any of your property or assets.
13.1.6. you make any voluntary arrangement with your creditors or, being a company, you become subject to an administration order (within the meaning of the Insolvency Act 1986 as amended).
13.1.7. you, being an individual or business, have a bankruptcy order made against you or you, being a company, go into liquidation (except for the purposes of bona fide amalgamation or reconstruction and in such a manner that the company Terms and Conditions page 9 revised November 2023 resulting therefrom effectively agrees to be bound by or assume the obligations imposed on you under the agreement);
13.1.8. anything similar to any of the above under the law of any jurisdiction occurs in relation to you
13.1.9. you cease, or threaten to cease, to carry on business.
13.1.10. control of you is acquired by any person or connected persons not having control of you on the date of the agreement. For the purposes of this clause, “control” and “connected persons” will have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010 as amended.

13.2. For the purposes of clause 13.1.4, a breach will be considered capable of remedy if the party in breach can comply with the provision in question in all respects.

13.3. The rights to terminate the agreement will not prejudice any other right or remedy we may have in respect of the breach concerned (if any) or any other breach.

13.4. If any of the events set out above in clause 13.1 have occurred, you shall immediately return the goods to us. If you should fail to return the goods, we shall have the right to take possession of the goods and for that purpose, by any of our employees, subcontractors, or agents, to enter any premises of yours or site where the goods may be. No proof of our ownership of goods will be required for this purpose and you expressly agree and accept this.

13.5. If we end the contract in the situations set out in clause 13.1 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.

 

14. How we may use your personal information

14.1. We will only use your personal information as set out in our privacy policy which can be found on our website.

14.2. We will only give your personal information to third parties where the law either requires or allows us to do so.

 

15. Other important terms

15.1. We may transfer our rights and obligations under these terms to another organisation.

15.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Terms and Conditions page 10 revised November 2023 15.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4. 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.

15.5. 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.

15.6. Any notice or other communication given under or in connection with this agreement must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or e-mail.
15.6.1. A notice or other communication is deemed to have been received:
15.6.1.1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address.
15.6.1.2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting;
or 15.6.1.3. if sent by e-mail, at 9.00 am the next working day after transmission.
15.6.1.4. 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.
15.6.2. The provisions of clause 15.6 will not apply to the service of any proceedings or other documents in any legal action.

15.7. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.