Website and Telephone Terms and Conditions
Last updated: June 2020
These terms and conditions are made up of four sections:
• Section 1: Information about us • Section 2: Terms and conditions of sale • Section 3: Other important terms • Section 4: Website terms
Please read these terms and conditions carefully before using our website and/or before ordering any Products from us. You should understand that by ordering any of our Products you agree to be bound by these terms and conditions and that they form part of a legally binding agreement (our agreement).
You should print or save a copy of these terms and conditions for future reference.
Section 1: Information about us www.scs.co.uk is a site owned and operated by A. Share & Sons Limited T/A ScS (we). We are a limited company registered in England and Wales under company number 323778 and with our registered office and trading address at 45-49 Villiers Street, Sunderland, SR1 1HA. Our VAT number is 605 6320 68.
Section 2: Terms and Conditions of Sale
This section, along with section 1 and section 3, sets out the terms on which we will supply you with our Products. Section 2.2 deals with placing orders for Products with an internet Sofa and Carpet Specialist by telephone and section 2.3 deals with placing orders for Products online. Section 2.4 applies to both online and telephone orders.
2.1. General - placing orders online or by telephone
2.1.1. Service Availability
Delivery restrictions
Our site is only intended for use by people who reside in the United Kingdom and deliveries of Products (whether ordered by telephone or online) will only be made to home addresses within the UK mainland (England, Wales and Scotland (excluding Scottish Highlands) and within our standard delivery area (within a 30 mile drive of any ScS store). For the applicable standard delivery charge see sections 2.4.2 and 2.4.4 or our delivery information web page for details.
We may be able to deliver to non-UK mainland destinations, including for example, the Isle of Man and the Isle of Wight and remote destinations such as the Scottish Highlands. If we can, those destinations will be subject to a bespoke delivery charge which we will confirm with you. We currently do not deliver to Northern Ireland and we do not accept orders from individuals outside the UK.
Means of payment
We accept debit/credit cards (Visa, Visa Electron, MasterCard, Maestro and American Express), PayPal or (if available for the particular Product) an easy payment finance option.
2.1.2. Your status
By placing an order through our website or by telephone, you warrant that:
• you are legally capable of entering into binding contracts; • you are at least 18 years old (or at least 20 years old if you are purchasing using one of our easy payment finance options; • you are resident in the UK; and • you are accessing our site from the UK
2.1.3. Issues to consider
We will be delighted to answer any questions you may have before you place any order online or by telephone, but here are some things you might like to consider:
• Do I want to order any extra items such as a matching footstool or a chair at a later date or carpet for another room? If so, please note that there might be slight colour shade variations and it is therefore best to order all the furniture or flooring you require at the same time. • Can access be gained easily for the furniture to be delivered? Are the doors wide enough; are there any awkward stairs, lifts or passageways? • Will the furniture fit into the room?
When browsing online remember:
• 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 or device's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. • Although we have made every effort to be as accurate as possible, because some of our Products are handmade, sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance. • The packaging of the Products may vary from that shown on images on our site.
2.2. Telephone Sales
2.2.1. How to place an order
The information about the Products on our site constitutes an “invitation to treat” and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products on the basis of any incorrect information, even if that information is repeated in your order.
You may order Products with an internet Sofa and Carpet Specialist over the telephone by calling us on 0800 7310048 or by completing the call back enquiry form on our site. Lines are open 7 days a week including bank holidays during the hours stated on our website. Calls from landlines are free; most mobile calls will also be free but please check with your mobile provider before calling.
Your internet Sofa and Carpet Specialist will explain the order process to you on the telephone and answer any queries you may have.
2.2.2. Information you should have ready to help us take your order
If you decide you would like to place an order for Products with us over the telephone, please have the following information ready as it with help us to process your order:
• Your name, contact details and full address including post code; • Details of the Product or Product range you are interested in, including the colour if applicable; • Confirmation of how you would like to pay for the Products (remember a delivery charge will normally apply – please see section 2.4.4 and our Delivery Guide for details); • Details of your full or part-time working arrangements if you are purchasing using one of our finance options.
2.2.3. Acknowledgement and acceptance of your order and Contract duration
Your order constitutes an offer to us to buy a Product. All orders are subject to acknowledgement by us, and we will confirm that acknowledgement to you by sending you order confirmation paperwork which will include a copy of sections 2 and 3 of these terms and conditions and other information (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation or, if you choose one of our easy payment options, when we receive your signed finance documents and sales contract. The paperwork will usually be sent to you by email and will arrive within 5 working days of the day you place your order. The Contract will end when both of us have performed all our obligations, including under any guarantee.
The Contract will relate only to those Products confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed the order of those Products in a separate Order Confirmation.
Surveyor visits
You may want a surveyor to visit and check measurements for an order of carpet/vinyl flooring Products. The surveyor can calculate the final (rather than estimated) price of an order. You may ask the surveyor to give you a further quote, for example to add another room. Any further quote you receive from a surveyor is subject to confirmation from us.
If you want to proceed with the quote, the surveyor will add that to your order under the same Contract. That means you will only pay one delivery charge and that you ensure a colour match if the flooring can all be cut from the same roll.
If you prefer to place another order, that will be a new Contract. The surveyor's quote is not capable of forming the basis of an offer for a new Contract, since prices and availability of flooring Products may change. You will need to place your new order by telephone, online or by visiting a store.
2.3. Online Sales
2.3.1. The information on our site
The information about the Products on our site constitutes an “invitation to treat” and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information, and you agree that we can. It also means that in no circumstances will we be contractually bound to supply you with Products on the basis of any incorrect information, even if that information is repeated in your order, and again you agree with that.
2.3.2. How to place an order
You may order Products by following our online order process which includes the following key steps:
• Choose the Products you wish to purchase; • You may now have the option of specifying bespoke elements of your Products, such as the fabric, colour(s), size, trim and other features; • Add the Products to your basket; you may be asked to confirm your postcode to check we can deliver to your area; • You may also be offered the option of adding complementary Products; • The indicative delivery price will be shown; this will be confirmed when you provide the delivery address. You may have the option of collecting the Product from store free of charge. • You can now choose whether to pay by debit/credit card, PayPal or (if available for the particular Product) by an easy finance payment option; • You will be asked to register your personal details, including your delivery address, a contact number and the best time to contact you; • If you pay by debit/credit card, you will be asked to input your debit/credit card details; • If you pay by PayPal, you will be asked to log into your PayPal account and follow the instructions; you will then be asked to place your order; • If you choose to pay by an easy payment option you will need to speak to us to complete your order and a Sofa and Carpet Specialist will call you to complete the finance application.
2.3.3. How to correct errors
You are able to correct errors in your order up to the point at which you click on 'pay now' or 'pay monthly' to place your order on the final page of our ordering process, by clicking on the ‘back’ button and correcting the relevant errors. Alternatively you can go back and remove the relevant Product from your online basket and begin the process again.
2.3.4. The Contract
After placing an order, you will receive an email from us acknowledging receipt.
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. Before we accept your order, we will call you to confirm we have your correct delivery details and to confirm what you have ordered. At this time we will also confirm with you the estimated lead time for your purchase. If you have applied for an easy payment finance option, we will also go through that with you: please see section 2.4.1 below.
We will then confirm our acceptance of your order by sending you (by email or post) confirmation of order paperwork which will include a copy of sections 2 and 3 of these terms and conditions and other information (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation, not when you receive our acknowledgement. The Contract will end when both of us have performed all our obligations, including under any guarantee.
We do not file details of your order for you to access and you should therefore save or print a copy of these terms and conditions which are made available to you before clicking on ‘pay now’ or 'apply for finance'. You should also save or print a copy of the acknowledgement of order email and the email Order Confirmation you receive from us.
The Contract will relate only to those Products confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of those Products has been confirmed in a separate Order Confirmation.
All Contracts are concluded in English.
2.4. General
2.4.1. Easy payment finance options
We offer a range of easy payment finance options to help you purchase your Products, details of which can be found on our website or will be provided to you on request. You must be at least 18 years of age and either self-employed or in full or part time employment, retired or in receipt of Disability Living Allowance/Personal Independence Payment to be considered for one of our easy payment or finance options. All applications are subject to status and acceptance and are not guaranteed. You cannot apply for an easy payment option online: you must speak to one of our telephone shopping advisers and then sign and return the paperwork we send you.
Please contact us on 0800 7310048 or [email protected] if you require further details.
2.4.2. Availability and Delivery a. All orders for Products are subject to availability. We will inform you as soon as possible if any Products you have ordered are not available and will not process your order for those Products. All deliveries will be made to your home address only, and where you have used one of our easy payment options, the Products must be delivered over the threshold. b. Your order will be fulfilled within the relevant delivery lead time (in days or weeks) as notified to you by us and agreed by you. Please note however, that all delivery lead times quoted are approximate only. All delivery lead times start from the day the Contract is formed, which is when we send you the Order Confirmation, or if you choose one of our easy payment options, when we receive your signed finance documents and sales contract. c. In some circumstances, particularly where your Product is being made to order, delivery may be delayed through circumstances beyond our control. Please see section 3.4 below for our responsibilities when this happens. d. Once your Product is ready for delivery you will be contacted to arrange a convenient date for delivery. Please note that we are unable to offer a timed delivery service and any delivery times given are estimates only. Please ensure you have provided us with accurate contact details so that we can deliver your order as quickly as possible. We are unable to store Products at our ScS distribution centres for longer than 7 working days following receipt. e. On the day of delivery, please ensure that the delivery team can gain easy access to the room that your Product is going into. Please make sure that the area where you want the Product positioned is cleared. Our delivery team will unpack the Product, place it in the room of your choice and remove all packing materials from your home and recycle them where possible. Please inspect your Product carefully before signing for it. If your Product is faulty or not as described, please tell the driver who will be able to advise you on your options or call our dedicated helpline 0191 731 3300 or by using our customer contact form found at this address; https://enquiries.scs.co.uk/. Unfortunately we are not able to take away your old furniture and you should make your own arrangements for this.
f. If your Product has to be redelivered, there may be an additional delivery charge, which will be set out in the Order Confirmation and in our Delivery Guide. All redelivery charges will reflect our direct costs of redelivery and will be notified to customers in advance. g. 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 distribution centre, in which case, please contact us to rearrange delivery. h. If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will discuss this with you and may deliver the Order in instalments. We will not charge you extra for this. i. If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
• we have refused to deliver the Products • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or • you told us before we accepted your Order that delivery within the delivery deadline was essential j. If you do not wish to cancel your Order straight away, or do not have the right to do so under section 2.4.2(j) above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline. k. If you do choose to cancel your Order for late delivery under section 2.4.2(j) or (k) above, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will bear the cost of this. After you cancel your Order, we will refund any sums you have paid to us for the cancelled Products and their delivery. l. Please let us know when placing your Order about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions. m. If, after placing your Order, you need to tell us that there are special factors which may affect your delivery (for example a lift is out of order), please let us know as soon as you can. n. Please see our Delivery Guide for delivery prices and further details of delivery.
2.4.3. Title and Risk
Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us. On delivery, the Products will be owned by you and will be your responsibility.
2.4.4. Price and Payment
The price of our Products will be as quoted on our website or over the telephone, except in cases of obvious error. These prices include VAT but exclude any applicable delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Confirmation.
Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will 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. Please note that 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 Products to you at the incorrect (lower) price.
Payment for all Products must be made by credit or debit card or through a PayPal account unless you are choosing one of our easy payment finance options, in which case payment must be made in accordance with the relevant finance documentation you sign and return to us. We accept payment with Visa, Visa Electron, MasterCard, Maestro and American Express. All card payments are subject to authorisation by your card issuer. We will charge your credit or debit card when you place your order.
If you place your order by telephone, you will have to pay a deposit of at least £69. Our telephone Sofa and Carpet Specialists will discuss and agree the amount of the deposit with you. This deposit is refundable if you return the Product because it is defective as described in section 2.4.7 or if you cancel the Contract under section 2.4.8(b).
Before we deliver your Products, you must either have settled any outstanding balance or have an easy payment finance contract in place.
2.4.5. Customer Services
You may receive a care guide with your Product which will provide you with information about how to care for your Product and what to do if there is a problem (Care Guide). You can also download the Care Guide at any time from our site. If you have any queries regarding your order you should refer to the Care Guide in the first instance.
If you need to speak to us about your order prior to delivery having taken place, please contact the internet and telephone customer services team on 0800 7310048 or by email at [email protected].
If you need to speak to us about your order once delivery has taken place please contact our Customer Support team on 01917313300 or by customer contact form at https://enquiries.scs.co.uk/
2.4.6. Your Guarantee
Relevant Products comply with applicable fire safety regulations for general domestic use only. If you require a Product with different fire safety compliance or a Product for commercial use you should be aware that our Products may not be suitable for this purpose and you should take your own independent advice before placing any order with us.
We (A. Share & Sons Limited T/A ScS of 45-49 Villiers Street, Sunderland, SR1 1HA) offer our usual warranty (set out in this section 2.4.6(a) to (f) below) on all furniture Products and artwork/lighting Products. Please note that this usual warranty only applies to furniture and artwork/lighting Products in the UK. Our usual warranty does not apply in the circumstances described in section 2.4.6(c) below. On certain product lines, we also offer an extended warranty (please ask your ScS sales representative which of our product lines carry an extended warranty).
a. We warrant that on the date of delivery and for the periods set out in section 2.4.6(b) below (the Warranty Period), the furniture and artwork/lighting Products will be free from material defects arising from normal domestic home use. b. Our usual warranty applies to furniture Product components and artwork/lighting Products for the following periods:
Warranty Product / component Period
Upholstered interiors (foam, fibre fill, feathers etc) and cover 12 (twelve) months
Electrical components (except lighting), recliner mechanisms and bed frame mechanisms 24 (twenty- four) months
Frames, and structural defects on sofa ranges 20 (twenty) years
Frames, and structural defects on occasional furniture and dining ranges 10 (ten) years
Artwork and lighting Products 12 (twelve) months
however please note that you will have to pay a call out charge of £75 including VAT (seventy-five pounds) if you wish to make a warranty claim at any time on or after 12 (twelve) months from and including the date of delivery of the Products. If the Product is defective, then any repair or replacement will be covered by our usual warranty. c. This usual warranty does not apply to any defect in the furniture and artwork/lighting Products arising from:
• wilful damage, abnormal storage conditions, accident, negligence by you or any third party; or • any commercial or institutional use; • your failure to follow our instructions contained in our Care Guide or any written instructions given with the Product on delivery; • any alteration or repair you carry out without our prior written approval. d. These Terms apply to any repaired or replacement Product/Product components we supply to you until the end of the applicable Warranty Period. e. The usual warranty is provided to the purchaser only and is non-transferable.
f. This usual warranty does not affect your legal rights in relation to Products. We are under a legal duty to supply Products that are in conformity with this Contract in terms of their description and quality for normal domestic use by consumers. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
2.4.7. If the Products are faulty
As a consumer, you have legal rights in relation to Products that are faulty or not as described. We are under a legal duty to supply Product(s) that conform to the Contract. If any Product has been delivered and you suspect that it is defective, please contact us straight away on our dedicated helpline 01917313300 or via our customer contact form found here https://enquiries.scs.co.uk/. We will discuss with you whether it is most appropriate to repair, replace or reject the Product.
If it is a minor fault such as a scuff, it is usually most appropriate to repair the Product under the warranty. If it is most appropriate to reject it, the Product will need to be returned. Please see the Returns section 2.4.9 below which tells you how to return a Product.
Once the Product has been returned, we will double-check to see if we can repair it under the warranty and if we can, we will discuss that option with you.
If your defective Product cannot be repaired, we will let you know of any refund due to you as soon as possible. We will send you a refund of the Product price and delivery charge as soon as we can and in any event within 14 days of confirming a refund was due.
We will give you a full refund for defective Products we cannot repair. We will also either collect the defective Product free of charge (we will aim to do that within 30 days) or refund the cost incurred by you in returning the item to us (if we cannot collect the Product).
Your legal rights are not affected by this section. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
2.4.8. Cancellation a. Flooring
You may cancel a contract for a Flooring Product at any time before it is laid, but if the Flooring Product has already been cut, we may deduct a sum from your refund to reflect any reduction in value. You cannot cancel a contract for a Flooring Product that has been laid in your home (unless it is defective – in which case please see section 2.4.7 above). If you want to cancel a contract for a Flooring Product before it is laid please see section 2.4.8(d) below. b. Upholstery (sofa, chair, footstool, storage boxes, ottomans and any other upholstered furniture)
Your upholstery order will be manufactured to your exact specification unless you’ve bought a stock item: as these products are bespoke and made to order the contract is not cancellable. You have the right to amend an upholstery order within 7 days from the Order Confirmation date without giving any reason.
If your upholstery product(s) are bought from stock you have the right to cancel the contract for the purchase of those product(s) without giving any reason by giving us notice under section 2.4.8(d). Notice must be given within 14 days from the day on which you, or anyone on your behalf (apart from a carrier) takes delivery of the product(s). In the case of a Contract relating to multiple products as part of the same order but delivered separately, notice must be given within 14 days of the day of the delivery of the last product.
c. Dining & occasional (furniture which can be put to various uses including but not limited to nests of tables, standalone chairs and chests)
Dining and occasional products are not made to your specification and are not customisable. You have the right to cancel the contract to purchase dining and occasional products without giving any reason by giving us notice under section 2.4.8(d). Notice must be given within 14 days from the day on which you, or anyone on your behalf (apart from a carrier) takes delivery of the product(s). In the case of a Contract relating to multiple products as part of the same order but delivered separately, notice must be given within 14 days of the day of delivery of the last product. d. Exercising your right to cancel
Where you have the right to cancel this contract as set out above, you can exercise the right to cancel within the cancellation period by phone, email or post;
Phone: 08007310048 Email using our Customer Contact Form: https://enquiries.scs.co.uk/ Post: 45-49 Villiers Street, Sunderland, SR1 1HA
You may use the model cancellation clause which was attached to your Order Confirmation if you wish although this is not obligatory.
Where the Contract also includes the purchase by you of products to which the right to cancel does not apply, you can only cancel the Contract in relation to products to which the right cancel does apply
The law says that you are responsible for proving that you cancelled the contract, so to avoid disputes, it is a good idea to use a traceable method of posting or retain a copy of your email. e. Effects of cancellation
If you cancel this Contract under this section 2.4.8. , we will reimburse to you all payments received from you, including the costs of delivery, minus a deduction, if applicable, for any loss in value of the product(s) if the loss of value is the result of any unnecessary handling by you..
We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have both expressly agreed otherwise.
You will have to bear the direct cost of returning the Products.
The collection charges within our standard area (within 30 miles driving distance of any ScS store, UK mainland only) are:
Product Category Collection Charge Flooring (Carpet, vinyl, rugs) £39.00 Laminate and wooden flooring £60.00 Upholstery and outdoor furniture £79.00 Dining and sideboards – unassembled £79.00 Dining and sideboards – fully assembled £117.00
Outside of our standard area, the collection charge is estimated at a minimum of the delivery charge you paid. We will give you an exact quote for the collection charge when we arrange this with you. You may of course arrange to return the Product yourself if you prefer, but must exercise reasonable care in doing so.
Alternative Dispute Resolution (ADR) If you're a personal consumer and have an issue with a product or service you've bought from us, you can contact us via email using [email protected] and we will work hard to resolve your issue.
If we cannot resolve your issue then you can submit a complaint to an Alternative Dispute Resolution service. The retail alternative dispute resolution service is located here; https://www.retailadr.org.uk/
2.4.9. Returns a. How to return a Product
To return a Product please contact our dedicated helpline 0800 7310048. If the Product is in the UK and within our standard delivery area, we will arrange to collect the Product from you. If it is not then we will make separate arrangements with you. Alternatively customers can return a Product themselves but must exercise reasonable care in doing so.
Smaller stock items such as Care Kits can be returned by post to ScS Online, 45–49 Villiers Street, Sunderland, SR1 1HA. Please use a traceable method of posting as we cannot be responsible for any items lost in transit. b. Taking care of the Product before it is returned
If you want to handle or otherwise try out the Product at home, you must do that in the way you would in one of our stores. You can do what you need to in order to establish the Product's nature, characteristics and functioning. In other words you can do what would reasonably be allowed in a store.
If your use of the Product extends beyond that, and you then cancel the Contract then you will have to pay us for the reduction in value of the Product. Once upholstered furniture Products have been used, they are second hand and will probably have lost 40-50% of their sales value, but we will only charge you 25% of the purchase price for an upholstered furniture Product returned to us in a used condition. For any Product, the sum we will recover will never be more than the Contract price. We will deduct this sum from your refund, or if we have already paid you the refund, you must pay the sum to us separately.
Please remember that, unless a Flooring Product is defective, you cannot cancel a Contract for it once it has been laid.
Collection charges are applied on a case-by-case basis depending on the nature of the Product and where it is collected from. See the Cancellation section 2.4.8(b) above for details of collection charges for cancelled Products. All collection charges will reflect our direct costs of collection and will be agreed with customers in advance. Alternatively customers can return a Product themselves but must exercise reasonable care in doing so.
Section 3: Other important terms
3.1. Our liability to you
If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or it was contemplated by you and us at the time we entered into the Contract. Please note the following points:
• "Contemplated" will mean it is written down – normally in the delivery instructions on the Order; • The following types of losses will not be foreseeable and we will not be responsible for them: • loss of earnings, business, income or revenue; • loss of anticipated savings; • loss of interest on savings; • any alternative purchase or expenditure; • non-financial losses such as any: • loss of enjoyment; • inconvenience, disappointment, distress or stress; • waste of time; • loss of annual leave
The maximum compensation we will pay to you for foreseeable loss or damage will be the amount of the purchase price and delivery charges
If we are installing the Products in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
We only supply the Products for domestic and private use. You agree not to use the Product 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.
We do not exclude or limit in any way our liability for:
• death or personal injury caused by our negligence or the negligence of our employees, agents and subcontractors; • fraud or fraudulent misrepresentation; • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or • defective products under the Consumer Protection Act 1987
3.2. How to contact us
If you have any questions or if you have any complaints or wish to make a claim under the guarantee in section 2.4.6 above, please contact us. You can contact us by telephone on 01917313300 or using our contact form at https://enquiries.scs.co.uk/
If you want to contact us in writing, or if any condition in these Terms requires you to can give us notice in writing, you can send this to us by email to [email protected], by hand, or by pre-paid post to A. Share & Sons Limited T/A ScS at 45-49 Villiers Street, Sunderland, SR1 1HA. We will confirm
receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by email, by hand, or by pre-paid post to the address you provide to us in the Order.
3.3. Transfer of rights and obligations a. We may transfer our rights and obligations under the Contract to another organisation, and we will always tell you in writing if this happens, but this will not affect your rights under the Contract. b. You may not transfer the benefit of the guarantee in section 2.4.6(a)-(f) above or any other rights or your obligations under these Terms to another person.
3.4. Events outside our control a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event outside our control. b. An Event outside our control means any act or event beyond our reasonable control, including (but not only) the following:
• 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; • failure of railways, shipping, aircraft, motor transport or other means of public or private transport; or • failure of public telecommunications networks. c. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
• we will contact you as soon as reasonably possible to tell you; and • our obligations under the 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 d. You may cancel the Contract if an Event Outside Our Control continues for longer than 4 (four) weeks and you no longer wish us to provide the Products. Please contact us to do this. We will only cancel the Contract if the Event Outside Our Control continues for longer than 4 (four) weeks.
3.5. How we may use your personal information
We will use the personal information you provide to us to:
• supply the Products; and • process your payment for those Products.
Unless you tick the opt-out boxes when you place your Order, we will use your personal information to inform you by email, text, telephone or post about our similar products or services. You may stop receiving these at any time by using the opt-out in the email or text or by contacting us.
If you apply for finance, you agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do. We may also pass your personal information to a contractor if you require the Product to be serviced.
Please see our privacy policy further details.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms
4. Section 4: Website terms
This section, along with sections 1 and 3, sets out the terms on which you may access, browse and use our site.
4.1. Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or our site, or our entire site, to users who have registered with us.
If you choose or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
When using our site, you must comply with the provisions of our acceptable use policy (see below under "acceptable use policy").
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions, and that they comply with them.
4.2. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site (including but not limited to the site design, text, graphics and all software and source codes connected with the site), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.3. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on those materials by any visitor to our site, or by anyone who may be informed of any of its contents. This applies equally to materials posted on any social media sites linked to from this site. Please see the Social Media section below.
4.4. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update that material.
4.5. Information about you and your visits to our site
We use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
4.6. Transactions concluded through our site
Contracts for the supply of Products formed through our site or as a result of visits made by you are governed by our terms and conditions of sale (see above under "Terms and conditions of sale").
4.7. Uploading material to our site
Whenever you make use of any feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy (see below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any that material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, that material does not comply with the content standards set out in our acceptable use policy (see below).
4.8. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database
connected to our site. You must not launch denial-of-service attacks or distributed denial-of-service attacks on our site.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
4.9. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (see below).
4.10. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
4.11. Social media
We have limited control over the contents any social media sites used by us and linked to from this site, such as our Facebook page or Twitter account. If you post content to those social media sites, please do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or in such a way as to suggest the posting represents our views or any form of association, approval or endorsement on our part where none exists.
Our acceptable use policy below applies to your use of these social media sites, in addition to any policies of the owners of the social media sites.
4.12. Acceptable use policy
4.12.1. You may use our site only for lawful purposes. You may not use our site:
• in any way that breaches any applicable local, national or international law or regulation; • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; • for the purpose of harming or attempting to harm minors in any way; • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below); or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our agreement; • not to access without authority, interfere with, damage or disrupt: o any part of our site; o any equipment or network on which our site is stored; o any software used in the provision of our site; or o any equipment or network or software owned or used by any third party
4.12.2. Content standards
These content standards apply to any and all material which you contribute to our site (contributions). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
• be accurate (where they state facts); • be genuinely held (where they state opinions); and • comply with applicable law in the UK and in any country from which they are posted
Contributions must not:
• contain any material which is defamatory of any person; • contain any material which is obscene, offensive, hateful or inflammatory; • promote sexually explicit material or promote violence; • promote discrimination of any kind; • infringe any copyright, database right or trade mark of any other person; • be likely to deceive any person; • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; • promote any illegal activity; • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; • be used to impersonate any person, or to misrepresent your identity or affiliation with any person; • give the impression that they emanate from us, if this is not the case; or • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
4.12.3. Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of our agreement, and may result in our taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use our site; • immediate, temporary or permanent removal of any posting or material uploaded by you to our site; • issue of a warning to you; • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; • further legal action against you; or • disclosure of that information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4.12.4. Changes to our acceptable use policy
We may revise this policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
4.12.5. Your concerns
If you have any concerns about material which appears on our site, please contact [email protected].