Terms & Conditions Of Sale

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.

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 gods 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 that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Simply Underlay, operator of the simplyunderlay.co.uk website.

2.2 How to contact us. You can contact us by emailing us at contact@simplyunderlay.co.uk.

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. Our contract with you

3.1 Order process. When placing an order online, please follow the onscreen prompts to place the order. When placing an order over the phone, we will raise a quote following receipt of your enquiry and confirm the order with you prior to taking and processing your payment details. Each order is an offer by you to buy the goods specified in the order subject to these terms and conditions.

3.2 How we will accept your order. Notwithstanding the provisions of clause 3.3 below, our acceptance of your order will take place when we email you to confirm acceptance of it, at which point a contract will come into existence between you and us. Please note an email confirming “receipt” of your order is not the same as us confirming acceptance – we will check our stock levels after confirming receipt of your order.

3.3 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 goods. This might be because the goods are 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 goods or because we are unable to meet a delivery deadline you have specified.

3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order.

4. Our goods

4.1 Goods may vary slightly from their pictures online. The images of goods on our website are for illustrative purposes only. Your goods may vary slightly from those images.

4.2 Packaging of goods may vary. The packaging of the goods may vary from that shown in images on our website.

4.3 Accuracy of product and technical descriptions. We endeavour to only list factually accurate information on our product pages. Technical specifications are provided by the manufacturer. We will not be held responsible for any costs or damages incurred due to inaccuracies within product descriptions or associated technical information.

5. Your rights to make changes

If you wish to make a change to the goods 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 goods, 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 8).

6. Our rights to make changes

6.1 Minor changes to the goods. We may change the goods:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements.

We also reserve the right to add or remove from our range of products, at any time.

7. Providing the goods

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. There are some areas/addresses that we are unable to deliver to and some addresses/post codes may incur a surcharge. These charges will be calculated and displayed to you during the order process once you have provided the intended delivery address.

7.2 When we will provide the goods. During the order process we will let you know an estimated delivery time frame. Where the goods are out of stock we will contact you to discuss delivery timescales. Delivery timescales are estimates only and we cannot guarantee delivery on a particular date. There will be no refund of delivery charges for orders delivered outside of the estimated timeframe.

7.3 Multiple deliveries. Due to the way the couriers plan their delivery routes and the overall weight limit of the van on any given day, your order may be delivered over multiple days.

7.4 We are not responsible for delays outside our control. If our supply of the goods 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 goods you have paid for but not received.

7.5 If you are not at home when the goods are delivered. If no one is available at your address to take delivery, we will leave you a note informing you of when the next delivery attempt will be made. We reserve the right to charge you for the costs of the failed delivery attempt and any subsequent redelivery.

7.6 If you do not accept redelivery. After a second failed delivery your order will be returned to our warehouse. If you do not contact us to rearrange delivery we will contact you for further instructions and may charge you for storage costs, insurance costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery within one month of our first delivery attempt, we may end the contract and clause 10.2 will apply.

7.7 Kerbside deliveries. All deliveries are operated on a kerbside basis – we shall leave the goods at the nearest access point available to the intended address and you will be required to collect the goods from there.

7.8 When you become responsible for the goods. The goods will be your responsibility from the time we deliver them to you.

7.9 When you own goods. You own the goods once we have received payment in full for them.

7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, any access restrictions that apply at your delivery location. 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 10.2 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 goods 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.

8. Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or

(c) If you have just changed your mind about the goods see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the goods or these terms which you do not agree to;

(b) 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;

(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;

(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 are explained in further details in these terms and conditions.

8.4 How long do I have to change my mind? You have 28 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

9. How to end the contract with us

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at contact@simplyunderlay.co.uk. When writing, please provide your name, home address, details of the order and, where available, your phone number.

9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either post the goods back to us or allow us to collect them from you. If you wish to return your goods, please contact our Customer Service team by emailing contact@simplyunderlay.co.uk, who will let you know the returns procedure. If you are 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.

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the goods are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.

9.5 How we will refund you. We will refund you the price you paid for the goods by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. All refunds will exclude the original delivery cost.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 7 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or

(c) you do not, within a reasonable time, allow us to deliver the goods to you.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods 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.

11. If there is a problem with the goods

11.1 Inspecting the goods. All deliveries must be inspected upon receipt and any damage or other discrepancy noted on delivery must be notified immediately to the carrier. You must also ensure that the goods are thoroughly inspected before cutting and/or installing them. If any defects are found, you must notify us within 48 hours days of taking delivery of the goods. If you fail to provide such notice, you are deemed to have accepted the goods as being compliant, in all respects, with the terms of the order and our contract. Please note that any goods that have been cut, modified or installed cannot be returned to us. Any items missing from an order must be notified to us within 48 hours of receiving the delivery.

11.2 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can email our Customer Service team at contact@simplyunderlay.co.uk.

11.3 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11.4 Replacements. Please note that whilst we will endeavour to replace any goods that are defective, this cannot be promised where the goods are out of stock or discontinued. In such circumstances, we will provide you with a refund or discuss alternative options with you.

12. Price and payment

12.1 Where to find the price for the goods. The price of the goods (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 goods advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price.

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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods 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 goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good’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 good’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 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.

12.4 Import costs. Please note you are responsible for bearing the costs of any import duties, custom duties and all other taxes and duties payable and the cost of obtaining certificates of origin export licenses consular fees and any other documents required for the purposes of exportation or importation or the passage of the goods in transit through any country.

12.5 When you must pay and how you must pay. We accept payment with Visa, MasterCard and AMEX, and via Google Pay or Apple Pay, where applicable. You may also make payment via BACs or faster payment by contacting us to make the payment. You must pay for the goods in full before we dispatch them.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If 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 or any indirect or consequential loss. 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 Loss is limited to the purchase price of the Goods. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased.

13.3 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 liability which cannot be limited or excluded under applicable law.

13.4 Where we are not liable. We shall not be liable for any loss arising directly or indirectly out of any of the following:

(a) any defects in the goods that were known or ought to have been known by you prior to the goods being fitted or installed;

(b) faulty installation, laying, fixing or fitting of the goods;

(c) laying the goods on uneven surfaces;

(d) cleaning and/or maintenance of the goods;

(e) damage caused by you moving or otherwise dealing with the goods;

(f) normal wear and tear of the goods.

13.5 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.

15.4 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.

15.5 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.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.