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TERMS AND CONDITIONS OF SUPPLY
Terms and Conditions of Supply
Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. If you refuse to accept these Terms and Conditions, you will not be able to order any Goods from our site.
You should print a copy of these Terms and Conditions or save them to your computer for future reference.
We may amend these Terms and Conditions from time to time as set out in Condition 6. Every time you wish to order Goods, please check these Terms and Conditions to ensure you understand the terms which will apply at that time.
1. Information About Us
1.1. www.granitesafes.co.uk is a site operated by Associated Safe Systems Limited trading as Granite Safes (we, Granite Safes, us or our).
1.2. We are a private limited company registered in England and Wales under company number: 7638754 and our registered office is: Security House, 25 Addington Street, Manchester, M4 5EU. Our main trading address is the same as our registered office address. Our VAT number is 108293518.
2. Our Goods
2.1. The images of the Goods on our site are for illustrative purposes only. Although every effort has been made to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the actual colour of the Goods: therefore they may vary slightly from the images on our site.
2.2. Every effort has been made to be as accurate as possible, however all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only and have a 10% tolerance.
2.3. The packaging of the Goods may vary from that shown on images on our site.
2.4. All Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if any Goods you have ordered are not available and we will not process your order in respect of those Goods.
3. Use of Our Site and Your Personal Information
4. Placing an Order
4.1. This Condition 4.1 applies if you are a consumer wishing to place an order.
4.1.1. You may only purchase Goods and Installation from our site if you are at least 18 years old.
4.1.2. As a consumer, you have legal rights in relation to Goods that are faulty or not as described and Installation is not carried out with reasonable care and skill, or if the materials we use 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 and Conditions will affect these legal rights.
4.2. This Condition 4.2 applies if you are a business customer wishing to place an order.
4.2.1. You confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
4.3. Our site is only intended for use by people resident in the United Kingdom. We do not accept orders for Goods or Installation from consumers or businesses outside the United Kingdom.
5. How the Contract is Formed Between You and Us
5.1. Our order process allows you to check and amend your order before you submit it to us. Please review each page of your order carefully and ensure that any information provided is complete and accurate.
5.2. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to purchase the Goods and (if applicable) Installation. All orders are subject to acceptance by us.
5.3. Our acceptance of your order will be confirmed to you by us by sending you an e-mail which confirms that the order has been accepted (the Order Acceptance). A contract between you and us for the purchase of the Goods and (if applicable) Installation set out in the Order Acceptance will only be formed when we send you the Order Acceptance (Contract).
5.4. For your information only, but without constituting any commitment on our part, we may also send you an email to confirm when the Goods have been dispatched, picked or packed.
5.5. The Contract will relate only to those Goods and (if applicable) Installation set out in the Order Acceptance. We will not be obliged to supply any other Goods or Installation which may have been part of your order until the order of such Goods and associated Installation has been accepted in a separate Order Acceptance.
5.6. Each Order Acceptance shall constitute a separate Contract for the supply of the Goods and (if applicable) Installation set out in that Order Acceptance.
5.7. If we are unable to supply you with any particular Goods, for example because such Goods are not in stock, no longer available, or because of an error in the price on our site (as referred to in Condition 10), we will inform you of this by e-mail and we will not process your order in relation to those Goods. If you have already paid for the Goods which are not going to be processed and you have not accepted an alternative, we will refund you the purchase price of the relevant Goods as soon as possible. If we offer an alternative at a different value you may be asked to make an additional payment if higher, or if the alternative value is less that the payment you have already made we will refund the difference as soon as possible.
5.8. We reserve the right to make any changes in the specification of Goods which are required to conform to any applicable statutory requirements.
6. Our Right to Vary these Terms and Conditions
6.1. We may revise these Terms and Conditions from time to time in the following circumstances:
6.1.1. if there are any changes in how we accept payment from you;
6.1.2. if there are any changes in relevant laws and regulatory requirements;
6.1.3. if there are any changes to our business practice.
6.2. Every time you order Goods and (if applicable) Installation from us, the Terms and Conditions in force at that time will apply to the Contract between you and us.
6.3. Whenever we revise these Terms and Conditions in accordance with this Condition 6, we will keep you informed and give you notice of this by stating that these Terms and Conditions have been amended and the relevant date of such amendments at the top of this page.
7. Cancellations and Refunds
This Condition 7 only applies if you are contracting with us as a consumer.
7.1. If you are a consumer you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the time period set out in Condition 7.3. This means that if during that period you change your mind or for any other reason you decide you do not want to keep the Goods, you can tell us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2. Please note however that the cancellation right under Condition 7.1 does not apply where you have purchased any Goods that weigh over 60kg as these require Installation and therefore your Contract can only be cancelled in accordance with Condition 7.4.
7.3. Subject to Condition 7.4 your legal right to cancel starts on the day we send you the Order Acceptance. You can cancel a Contract at any time from that day up to 7 working days (being any day on which the clearing banks in the City of London are open for business and therefore Saturdays, Sundays and public holidays in England are not included in this period) after the day you receive the Goods.
7.4. Your legal right to cancel a Contract for Goods weighing over 60kg and requiring Installation, starts on the day we send you the Order Acceptance and expires 7 working days (being any day on which the clearing banks in the City of London are open for business and therefore Saturdays, Sundays and public holidays in England are not included in this period) after this day. However if you require and/or book a date for Installation before the expiry of the cancellation period set out in this Condition 7.4, you agree that we can start providing the services for Installation. In such circumstances, you will only be able to cancel the Contract up to the date for Installation and once we have commenced Installation, you will not be able to cancel the Contract pursuant to this Condition 7.4.
7.5. To cancel a Contract, you must inform us in writing by sending an email to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation notice is effective from the date you sent us the email.
7.6. Where you cancel a contract in accordance with Conditions 7.3 and 7.4 you will receive a full refund of the price you paid for the Goods and (if applicable) Installation and any applicable delivery charges. 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 in accordance with Conditions 7.3 or 7.4.
7.7. If you have returned any Goods to us under this Condition 7 because they are faulty or mis-described, we will refund the price of defective Goods in full and any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us. If the Goods have been installed by us or our employees, agents, consultants or sub-contractors we will arrange at our own cost, for the Goods to be uninstalled and removed from your premises.
7.8. All refunds will be made to the credit card, debit card or PayPal account (as applicable) used to make the purchase.
7.9. If the Goods are delivered to you:
7.9.1. you must return the Goods to us as soon as reasonably practicable;
7.9.2. unless the Goods are faulty or not as described (in which case, see Condition 7.7), you will be responsible for the cost of returning the Goods to us;
7.9.3. you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
7.10. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Acceptance.
7.11. As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described and/or Installation is not carried out with reasonable care and skill, or if the materials we use are faulty or not as described. These legal rights are not affected by the returns policy in this Condition 7 or these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1. The Order Acceptance will set out whether the Goods ordered will be delivered to you by a nominated carrier of our choice (at our discretion) (Couriered) or whether it will be delivered and installed at the premises by our employees, agents, consultants and subcontractors (Installation).
8.2. If your order is to be Couriered:
8.2.1. it will be fulfilled by the estimated delivery date set out in the Order Acceptance or, if no delivery date is specified, within 30 calendar days of the date of the Order Acceptance, unless there is an Event Outside Our Control (as defined in Condition 13.5). 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;
8.2.2. delivery will be completed when we or our nominated carrier delivers the Goods to the address you gave us for delivery.
8.2.3. If no one is available at this address to take delivery, our nominated carrier will leave you a note informing you that either:
188.8.131.52 the Goods have been returned to the carrier’s premises; or
184.108.40.206 the Goods have been left elsewhere in accordance with any specific delivery instructions you provide to us (or our carrier) prior to delivery; or
220.127.116.11 that you will need to contact the carrier to rearrange delivery.
You may be liable to pay additional delivery charges where the courier is unable to deliver the Goods as a result of there being no one at the address to take delivery.
8.3. If your order is to be completed by Installation, you agree to:
8.3.1. co-operate with us in all matters relating to the Installation;
8.3.2. provide us, our employees, agents, consultants and subcontractors, with access to the premises at which the Installation is to take place and with all such other assistance and facilities as is reasonably required for the Installation.
8.3.3. provide us with such information and materials as we may reasonably require for the Installation and ensure that such information is accurate in all material respects;
8.3.4. prepare your premises for the Installation and ensure that they are free from hazardous materials and that the area within your premises where the Installation is to take place has been cleared of any obstructions;
8.3.5. obtain and maintain all necessary licences, permissions and consents which may be required before the date of Installation;
8.3.6. if you require public liability insurance in excess of £5,000,000 in relation to the Installation then you must either make your own arrangements to procure such additional insurance cover at your own expense or notify us in writing of the required additional insurance cover and we will procure that such additional insurance cover is in place, the expense of which shall be borne by you.
8.4. In the event that Installation cannot take place because you have not complied with your obligations under Condition 8.3 (Customer Default):
8.4.1. we will, without limiting our other rights or remedies, have the right to suspend the Installation until you remedy the Customer Default, and we may rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays the performance of any of our obligations;
8.4.2. we will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this Condition 8.4;
8.4.3. we may make additional charge of a reasonable sum to cover any extra work that is required;
8.4.4. you will reimburse us on written demand for any costs or losses sustained or incurred by us arising from the Customer Default.
8.5. If your order is to be completed by Installation, delivery will be completed when we or our employees, agents, consultants or sub-contractors deliver to and install the Goods at the premises you indicated in your order and we accepted in the Order Acceptance. It will be fulfilled on the date set out in the Order Acceptance (unless you have notified us at least 3 days in advance that Installation cannot take place on that date, in which case it will be fulfilled on a date agreed by you and us), unless there is an Event Outside Our Control or Customer Default, and in either case we will contact you to agree a new date on which Installation can take place.
8.6. The Goods will be your responsibility from the completion of delivery.
8.7. You will own the Goods once we have received payment in full of the purchase price of the Goods and Installation (if any) and all applicable delivery charges.
8.8. Please inspect the Goods and check them against the Order Acceptance as soon as is reasonably practicable following delivery and notify us within a reasonable period of time following such inspection if:
8.8.1. any Goods set out in the Order Acceptance has not been delivered; or
8.8.2. any Goods are damaged and/or defective.
8.9. Until title to the Goods has passed to you, you shall:
8.9.1. hold the Goods on a fiduciary basis as our bailee;
8.9.2. store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
8.9.3. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
8.9.4. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
8.9.5. give us such information relating to the Goods as we may require from time to time.
9. No International Delivery
Unfortunately, we do not deliver to addresses outside the United Kingdom.
10. Price of Goods and Delivery Charges
10.1. The price of the Goods and/or any Installation will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Goods and/or Installation are correct at the time when the relevant information was entered onto the system. Condition 10.3 sets out what will happen if we discover an error in the price of the Goods and/or Installation you have ordered.
10.2. Subject to Condition 10.3, prices for our Goods and/or Installation may change from time to time, but any such changes will not affect any order you have placed with us and which we have confirmed with an Order Acceptance.
10.3. The price of the Goods and/or Installation includes delivery charges unless otherwise stated. Our prices state whether they are inclusive of VAT (“Incl.VAT”) or exclusive of VAT (“Excl.VAT”). VAT is charged (where applicable) at the applicable current rate chargeable in the United Kingdom from time to time. If a price does not state whether VAT is included or excluded the price will be deemed to be inclusive of VAT.
10.4. Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.4.1. where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price; and
10.4.2. if the Goods correct price is higher than the price stated on our site, we will contact you by email as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods 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.
11.1. You can pay for Goods and/or Installation in £ sterling (United Kingdom) in the following ways:
11.1.1. via PayPal (Europe) Sarl et Cie SCA (PayPal); or
11.1.2. by using a debit or credit card via Sage Pay Europe Limited (“Sage Pay”) or such other online payments processor as we may use from time to time.
11.1 Payment for the Goods and/or Installation and all applicable delivery charges is in advance and you will be charged in accordance with the terms and conditions of Paypal, Sage Pay or our other online payments processor (as applicable) as well as these Terms and Conditions.
12. Our Liability If You Are a Consumer
This Condition 12 only applies if you are a consumer.
12.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but 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.
12.2 We only supply the Goods and/or Installation for domestic and private use. You agree not to use the Goods and/or Installation for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.1.1. death or personal injury caused by our negligence;
12.1.2. fraud or fraudulent misrepresentation;
12.1.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.1.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
12.1.5. defective Goods under the Consumer Protection Act 1987.
13 Our Liability If You Are a Business
This Condition 13 only applies if you are a business customer.
13.1We only supply the Goods and/or Installation for internal use by your business, and you agree not to use the Goods and/or Installation for any re-sale purposes.
13.2Nothing in these Terms and Conditions limits or excludes our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
13.2.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.2.5 defective Goods under the Consumer Protection Act 1987.
13.3 Subject to Condition 13.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with a Contract for:
13.3.1 any loss of profits, sales, business, or revenue;
13.3.2 loss or corruption of data, information or software;
13.3.3 loss of business opportunity;
13.3.4 loss of anticipated savings;
13.3.5 loss of goodwill;
13.3.6 any indirect or consequential loss; or
13.3.7 damage to reputation.
13.4 Subject to Condition 13.1 and Condition 13.2.5, our total liability to you in respect of all other losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed [125%] of the price of the Goods and/or Installation.
13.5 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Goods and/or Installation. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions 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 Goods are suitable for your purposes.
14 Events Outside Our Control
14.1 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.
14.2 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.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.1.1 we will contact you as soon as reasonably possible to notify you; and
14.1.2 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15 Communications Between You and Us
15.1When we refer, in these Terms and Conditions, to "in writing", this will include e-mail.
15.2 If you wish to contact us in writing, or if any Condition in these Terms and Conditions requires you to give us notice in writing, you can send this to us by e-mail to email@example.com or by post to Granite Safes, Security House, 25 Addington Street, Manchester, M4 5EU. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under Condition 7, please see Condition 7 for details of how to inform us of a cancellation.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
15.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 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.
16 Transfer of Rights and Obligations
16.1 The Contract between you and us is binding on you and us and our respective successors and permitted assigns.
16.2 You may not transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of your rights or obligations under it to another person without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of our rights or obligations under it to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
17 Third Party Rights
A person who is not a party to these Terms and Conditions shall not have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.1 If any of the provisions of these Terms and Conditions is held to be illegal, invalid or otherwise unenforceable in whole or part, by any competent court or other authority whose decisions shall have the force of law binding on us, that provision or part-provision shall, to the extent required, be deemed to be deleted and the validity or enforceability of the remainder of these Terms and Conditions shall not be affected. If the invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provisions shall apply with the minimum modification necessary to make it valid, legal and enforceable.
18.2 If we fail to insist that you perform any of your obligations under these Terms and Conditions, 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.
18.3 Nothing in these Terms and Conditions is intended to or shall be deemed to create any partnership, joint venture or the relationship of principal and agent between us and you.
18.4 We may keep file a copy of the Contract between you and us.
19 Governing Law and Jurisdiction
19.1 If you are a consumer, these Terms and Conditions are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
19.2 If you are a business, these Terms and Conditions, any Contracts 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) shall be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Also see additional t&cs for Discount codes and Price Match.