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Bespoke Products Terms and Conditions

Standard Terms & Conditions for Sale of Bespoke Goods Air Technik, Goldarrow Holdings Ltd

STANDARD TERMS AND CONDITIONS

FOR THE SALE OF BESPOKE GOODS

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by Gold Arrow Holdings Ltd TA Air Technik

  1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the

following expressions have the following meanings:

“Business Day” means, any day other than a Saturday, Sunday or

bank holiday;

“Calendar Day” means any day of the year;

“Commercial Unit” means a delivery of Goods, the character and/or value

of which would be materially impaired if divided;

“Contract” means the contract for the purchase and sale of

Goods, as explained in Clause 3;

“Goods” means the goods which are to be supplied by Us to

you as specified in your Order (and confirmed in Our

Order Acceptance);

“Month” means a calendar month;

“Price” means the price payable for the Goods;

“Special Price” means a special offer price payable for Goods which

“Bespoke Order” means a product not stocked, and manufactured for a specific customer. 

we may offer from time to time;

“Order” means your order for the Goods.

“Order Confirmation” means Our acceptance and confirmation of your Order

as described in Clause 3;

“We/Us/Our” means Air Technik, Gold Arrow Holdings or any subsidiary thereof

“Sub-Contractor” means a skilled 3rd party that the orders will be

contracted to. The specifics of which are the sole

choice of the seller.

1.2 Each reference in these Terms and Conditions to “writing” and any similar

expression includes electronic communications whether sent by e-mail, fax or

Standard Terms & Conditions for Sale of Bespoke Goods

  1. Information About Us

Air Technik, A trading name of Gold Arrow Holdings Ltd.

  1. The Contract

3.1 These Terms and Conditions govern the sale of goods by Us and will form the

basis of the Contract between Us and you. Before making your Order, please

ensure that you have read these Terms and Conditions carefully. If you are

unsure about any part of these Terms and Conditions, please ask Us for

clarification.

3.2 Nothing provided by Us including, but not limited to, sales and marketing

literature, price lists and other documents constitutes a contractual offer

capable of acceptance. Your Order constitutes a contractual offer that We

may, at Our discretion, accept.

3.3 A legally binding contract between Us and you will be created upon Our

acceptance of your Order, indicated by Our Order Confirmation. Order

Confirmations will be provided in writing.

3.4 We shall ensure that the following information is given or made available to

you prior to the formation of the Contract between Us and you, save for where

such information is already apparent from the context of the transaction:

3.4.1 The main characteristics of the Goods;

3.4.2 Our identity (set out above in Clause 2) and contact details (set out

below in Clause 13);

3.4.3 The total Price for the Goods including taxes or, if the nature of the

Goods is such that the Price cannot be calculated in advance, the

manner in which it will be calculated;

3.4.4 Where applicable, all additional delivery charges or, where such

charges cannot be calculated in advance, the manner in which they will

be calculated;

3.4.5 Where applicable, the arrangements for payment, delivery and the time

by which We undertake to deliver the Goods;

3.4.6 Our complaints handling policy;

3.4.7 We shall ensure that you are aware of Our legal duty to supply goods

that are in conformity with the Contract;

3.4.8 Where applicable, details of after-sales services and commercial

guarantees;

3.4.9 Where applicable, the functionality, including appropriate technical

protection measures, of digital content; and

3.4.10 Where applicable, any relevant compatibility of digital content with

hardware and software that We are aware of or might reasonably be

expected to be aware of.

  1. Description and Specification of Goods

4.1 We will make every reasonable effort to ensure that the Goods conform to 2D

drawings, 3D CAD files and descriptions provided by You. We cannot,

however, guarantee that everything may be as specified due to the difficulties

in the manufacturing process.

4.2 If you receive any Goods that do not conform to 2D drawing, 3D CAD files or

descriptions under sub-Clause 4.1 you may return those Goods to Us as

provided in Clause 8.

4.3 If We find, or are made aware of, any typographical, clerical or other

accidental errors or omissions in any sales and marketing literature, price lists

or any other documents We will make every reasonable effort to correct such

errors or omissions as soon as is reasonably possible. If, as a result of any

such error or omission, you have received the wrong Goods, you may return

those Goods to Us for non-compliance with the description as provided in

Clause 8. If, as a result of any such error or omission, you have paid too

much, We will refund the excess paid for the Goods.

4.4 We reserve the right to make any changes in the specification of the Goods

that may be required to conform to any applicable safety or other legal or

regulatory requirements without notice.

4.5 Bespoke Goods are available from Us. If you Order bespoke Goods from Us,

We will produce and alter those Goods to your specifications and

requirements.

4.6 When placing an Order for bespoke Goods, please ensure that all information

that you provide to Us is correct, accurate and complete. We cannot accept

the return of any bespoke Goods if the return is due to incorrect information

provided by you. Please note that this does not affect your legal rights

(including but not limited to those described in these terms and conditions).

  1. Orders

5.1 All Orders for Goods made by you will be subject to these Terms and

Conditions.

5.2 You may change your Order at any time before We despatch the Goods by

contacting Us. This does not apply to bespoke Goods. We will only accept

changes to Orders for bespoke Goods if We are reasonably able to

accommodate your request without additional work. Requests to change

Orders do not need to be made in writing.

5.3 If your Order is changed We will inform you of any change to the Price in

writing.

5.4 You may cancel your Order at any time before We despatch the Goods by

contacting Us. If you have already paid for the Goods under Clause 6, the

payment will be refunded to you within 5 days. This does not apply to

bespoke Goods (unless you are cancelling under sub-Clause 12.2.5 due to an

event outside of Our control). We will only accept an Order cancellation for

bespoke Goods if We have not yet begun making or altering the Goods. If you

request that your Order be cancelled, you must confirm this cancellation in

writing.

5.5 We may cancel your Order at any time before We despatch the Goods in the

following circumstances:

5.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for

example, the Goods are discontinued); or

5.5.2 An event outside of Our control continues for more than 2 weeks

(please see Clause 12 for events outside of Our control).

5.6 If We cancel your Order under sub-Clause 5.5 and you have already paid for

the Goods under Clause 6, the payment will be refunded to you within 5 Days.

If We cancel your Order, the cancellation will be confirmed by Us in writing.

  1. Price and Payment

6.1 The Price of the Goods will be that shown in Our quote in force at the time of

your Order. If the Price shown in your Order differs from Our current Price We

will inform you upon receipt of your Order.

6.2 If We quote a Special Price which is different to the Price shown in Our current

quote, the Special Price will be valid for 2 weeks or, if the Special Price is part

of an advertised special offer, for the period shown in the advertisement.

Orders placed during this period will be accepted at the Special Price even if

We do not accept the Order until after the period has expired.

6.3 Our Prices may change at any time but these changes will not affect any

Orders that We have already accepted.

6.4 We have make every reasonable effort to ensure that Our Prices, as shown in

Our quote are correct. Prices will be checked when We process your Order.

If the actual Price of the Goods is lower than that stated in your Order, you will

be charged the lower Price (unless the lower price was an obvious mistake

that you could have reasonably recognised). If the actual Price of the Goods

is higher than that stated in your Order, We will ask you how you wish to

proceed.

6.5 All Prices include VAT. If the rate of VAT changes between the date of your

Order and the date of your payment, We will adjust the rate of VAT that you

must pay. Changes in VAT will not affect any Prices where We have already

received payment in full from you.

6.6 Our Prices exclude the cost of delivery. Delivery costs will be added on to the

invoice for the final sum due.

6.7 All payments for Goods must be made in advance before We can despatch

the Goods to you.

6.8 We accept the following methods of payment:

6.8.1 Bank transfer;

6.8.2 Card payment 3% processing fee;

6.9 If you do not make payment to Us by the due date as shown on invoice We

may charge you interest on the overdue sum at the rate of 8% per annum

above the base lending rate of HSBC Bank Plc from time to time. Interest will

accrue on a daily basis from the due date for payment until the actual date of

payment of the overdue sum, whether before or after judgment. You must pay

any interest due when paying an overdue sum.

6.10 The provisions of sub-Clause 6.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while

such a dispute is on-going.

  1. Delivery

7.1 Please note that delivery is currently only possible within the United Kingdom

and the European Union.

7.2 When We provide you with an Order Confirmation, We will provide an

estimated delivery date. Please note that estimated delivery dates may vary

according to the availability of Goods, your location, and circumstances

beyond Our control. Unless agreed otherwise, the Goods will be delivered

without undue delay and in any case no later than 30 Calendar Days after the

date on which the Contract is formed.

7.3 If you indicate in your Order that you wish to collect the Goods from Us

yourself you may do so after receiving Our Order Confirmation, during Our

business hours of 09:00-17:00.

7.4 Delivery will be deemed to have taken place when the Goods have been

delivered to the delivery address indicated in your Order and you (or someone

identified by you) have taken physical possession of the Goods or, if you are

collecting the Goods from Us yourself, when you have collected the Goods.

7.5 If for any reason the nominated carrier or delivery company are unable to

deliver the Goods at your chosen delivery address, you may need to contact

them to arrange re-delivery.

7.6 The responsibility (sometimes referred to as the “risk”) for the Goods remains

with Us until delivery is complete as defined in sub-Clause 7.4 at which point it

will pass to you. Please note, however, that if you do not wish to collect the

Goods and do not wish to use Our nominated carrier to deliver them, instead

choosing your own carrier, the risk in the Goods will pass to you as soon as

they are passed to your chosen carrier.

7.7 You own the Goods once We have received payment in full for them.

7.8 Please note that delivery to the following areas may require more time:

7.8.1 Scottish Highlands;

7.8.2 Postcodes starting with BT;

7.9 Please note carefully the following:

7.9.1 If We refuse to deliver the Goods, you may treat the Contract as being

at an end and We will reimburse you without undue delay.

7.9.2 If delivery of the Goods within the agreed time period or at the agreed

time was essential (taking into account the relevant circumstances at

the time the Contract was formed) and We fail to deliver, you may treat

the Contract as being at an end and We will reimburse you without

undue delay.

7.9.3 If you have told Us that delivery within the agreed time period or at the

agreed time was essential and We fail to deliver, you may treat the

Contract as being at an end and We will reimburse you without undue

delay.

7.10 If any of the events in sub-Clause 7.9 occur you may, instead of treating the

Contract as being at an end, specify a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an

end and We will reimburse you without undue delay.

7.11 If, despite the events in sub-Clause 7.9 and 7.10, you choose not to treat the

Contract as being at an end, your right to cancel your Order or to reject the

Goods will be unaffected. If you do so, We will reimburse you without undue

delay.

  1. Faulty, Damaged or Incorrect Goods

8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose

and as described at the time of purchase, in accordance with any pre-contract

information We have provided, and that match any samples or models that

you have seen or examined (unless We have made you aware of any

differences). If any Goods you have purchased do not comply and, for

example, have faults or are damaged when you receive them, or if you receive

incorrect Goods, please contact Us as soon as reasonably possible to inform

us of the fault, damage or error, and to arrange for a refund, repair or

replacement. Please note that if the Goods are incorrect as a result of your

provision of incorrect information, rather than them not matching Our

description, as explained in sub-Clause 4.6, you will not be able to return

those Goods.

8.2 Beginning on the day that you receive the Goods (and ownership of them) you

have a 30 Calendar Day right to reject the Goods and to receive a full refund if

they do not conform as stated above. Alternatively, you may request a repair

of the Goods or a replacement. We will bear any associated costs and will

carry out the repair or replacement within a reasonable time and without

significant inconvenience to you. In certain circumstances, where a repair or

replacement is impossible or otherwise disproportionate, We may instead offer

you a full refund. If you request a repair or replacement during the 30

Calendar Day rejection period, that period will be suspended while We carry

out the repair or replacement and will resume on the day that you receive the

replacement or repaired Goods. If less than 7 Calendar Days remain out of

the original period, it will be extended to 7 Calendar Days. If, after a repair or

replacement, the Goods still do not conform (or if We cannot do so as

previously described, or have failed to act within a reasonable time or without

significant inconvenience to you), you may have the right either to keep the

Goods at a reduced price, or to reject them in exchange for a refund. If you

exercise the final right to reject the goods more than six months after you have

received the Goods (and ownership of them), We may reduce any refund to

reflect the use that you have had out of the Goods.

8.3 Please note that you will not be eligible to claim under this Clause 8 if We

informed you of any faults, damage or other problems with the Goods before

your purchase of the them; if you have purchased the Goods for an unsuitable

purpose that is neither obvious nor made known to Us and the problem has

resulted from your use of the Goods for that purpose; or if the problem is the

result of normal wear and tear, misuse or intentional or careless damage.

Please also note that you may not return Goods to Us under this Clause 8

merely because you have changed your mind. Please refer to Clause 9 for

details of what to do if you change your mind.

8.4 To return Goods to Us for any reason under this Clause 8, you may do so in

person during Our business hours of 09:00 – 17:00 or you may return them to

Us by post or another suitable delivery choice. You may alternatively request

that We collect the Goods from you. Please ensure that the Goods are ready

for collection at the agreed time and location. We are solely responsible for

collecting the Goods in this case, however We may appoint a third party

carrier to collect them in which case We will provide you with all relevant

details. We will be fully responsible for the costs of returning Goods under this

Clause 8 and will reimburse you where appropriate.

8.5 Refunds (whether full or partial, including reductions in price) under this

Clause 8 will be issued within 14 Calendar Days of the day on which We

agree that you are entitled to the refund.

8.6 Any and all refunds issued under this Clause 8 will include all delivery costs

paid by you when the Goods were originally purchased.

8.7 For full details of your rights and remedies as a consumer, please contact your

local Citizens Advice Bureau or Trading Standards Office.

  1. Returning Goods If You Change Your Mind

9.1 If you are not satisfied with any (non-bespoke) Goods purchased from Us you

have the right to return them in exchange for a refund or a replacement,

subject to the provisions of this Clause 9. This Clause 9 does not apply to

Goods that are not in compliance with your legal rights. For such Goods

please refer to Clause 8.

9.2 This Clause 9 does not apply to bespoke Goods. Goods which We have

produced or altered to order for you cannot be returned if you change your

mind.

9.3 If you wish to return Goods to Us under this Clause 9 you must do so within 2

Days of taking delivery (or collecting them from Us), telling Us why you wish to

return the Goods.

9.4 All Goods must be returned to Us under this Clause 9 in their original condition

in their original packaging, accompanied by proof of purchase.

9.5 You may return Goods to Us in person during Our business hours of 09:00 –

17:00 or you may return them by post or another suitable delivery service of

your choice. You are solely responsible for the cost of returning Goods to Us

under this Clause 8.

9.6 You may request that We collect the Goods from you. Please ensure that the

Goods are ready for collection at the agreed time and location. We may

charge you for collecting Goods under this Clause 9.

9.7 Refunds or replacements will be issued to you immediately if you return

Goods to Us in person or within 2 Days of Our receipt of the Goods if you

return Goods to Us by post or similar delivery service or if We collect the

Goods from you.

  1. Guarantee

10.1 For Goods that We have produced, customised or altered (including bespoke

Goods), We guarantee that for a period of 4 weeks from the date of delivery,

the Goods will be free from material defects. This guarantee is subject to the

exceptions listed in sub-Clause 10.2.

10.2 Our guarantee does not apply to any defects in the Goods caused by:

10.2.1 Normal wear and tear;

10.2.2 Deliberate damage and/or misuse of the Goods;

10.2.3 Accidental damage;

10.2.4 Failure to use the Goods in accordance with their instructions; or

10.2.5 The alteration or repair of the Goods by you or any third party that is

not authorised by Us.

10.3 Our guarantee exists in addition to your legal rights as a consumer. More

information on your rights as a consumer can be obtained from your local

Citizens Advice Bureau or Trading Standards Office.

  1. Our Liability

11.1 We will be responsible for any foreseeable loss or damage that you may suffer

as a result of Our breach of these Terms and Conditions or as a result of Our

negligence (including that of Our employees, agents or sub-contractors). Loss

or damage is foreseeable if it is an obvious consequence of Our breach or

negligence or if it is contemplated by you and Us when the Contract is

created. We will not be responsible for any loss or damage that is not

foreseeable.

11.2 We only supply Goods for domestic and private use. We make no warranty or

representation that the Goods are fit for commercial, business or industrial use

of any kind (including resale). By making your Order, you agree that you will

not use the Goods for such purposes. We will not be liable to you for any loss

of profit, loss of business, interruption to business or for any loss of business

opportunity.

11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability

for death or personal injury caused by Our negligence (including that of Our

employees, agents or sub-contractors); or for fraud or fraudulent

misrepresentation.

11.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal

rights as a consumer. For more details of Your legal rights, please refer to

Your local Citizens Advice Bureau or Trading Standards Office

  1. Events Outside of Our Control (Force Majeure)

12.1 We will not be liable for any failure or delay in performing Our obligations

where that failure or delay results from any cause that is beyond Our

reasonable control. Such causes include, but are not limited to: power failure,

internet service provider failure, strikes, lock-outs or other industrial action by

third parties, riots and other civil unrest, fire, explosion, flood, storms,

earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war

(declared, undeclared, threatened, actual or preparations for war), epidemic or

other natural disaster, or any other event that is beyond Our reasonable

control.

12.2 If any event described under this Clause 12 occurs that is likely to adversely

affect Our performance of any of Our obligations under these Terms and

Conditions:

12.2.1 We will inform you as soon as is reasonably possible;

12.2.2 Our obligations under these Terms and Conditions will be suspended

and any time limits that We are bound by will be extended accordingly;

12.2.3 We will inform you when the event outside of Our control is over and

provide details of any new dates, times or availability of Goods as

necessary;

12.2.4 If the event outside of Our control continues for more than 2 weeks We

will cancel the Contract and inform you of the cancellation. Any

refunds due to you as a result of that cancellation will be paid to you as

soon as is reasonably possible;

12.2.5 If an event outside of Our control occurs and you wish to cancel the

Contract, you may do so in accordance with your right to cancel under

sub-Clause 5.4 above.

  1. Communication and Contact Details

13.1 If you wish to contact Us, you may do so by telephone at 020 3286 6002 or by

email at hello@get-it-made.co.uk .

13.2 In certain circumstances you must contact Us in writing (when cancelling an

Order, for example). When contacting Us in writing you may use the following

methods:

13.2.1 Contact Us by email at sales@airtechnik.com; or

13.2.2 Contact Us by pre-paid post at Air Technik

  1. Complaints and Feedback

14.1 We always welcome feedback from Our customers and, whilst We always use

all reasonable endeavours to ensure that your experience as a customer of

Ours is a positive one, We nevertheless want to hear from you if you have any

cause for complaint.

14.2 If you wish to complain about any aspect of your dealings with Us, please

contact Us in one of the following ways:

14.2.1 In writing, addressed to Luke Smoothy (Director), 58 – 72 Dalmain

Road, London, SE23 1AT, United Kingdom;

14.2.2 By email, addressed to Luke Smoothy (Director) at 58 – 72 Dalmain

Road, London, SE23 1AT, United Kingdom;

14.2.3 By contacting Us by telephone on 020 3286 6002.

  1. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may collect (including, but not limited to, your

name and address) will be collected, used and held in accordance with the

provisions of the Data Protection Act 1998 and your rights under that Act.

15.2 We may use your personal information to:

15.2.1 Provide Our Goods and services to you;

15.2.2 Process your payment for the Goods; and

15.2.3 Inform you of new products and services available from Us. You may

request that We stop sending you this information at any time.

15.3 In certain circumstances (if, for example, you wish to purchase Goods on

credit), and with your consent, We may pass your personal information on to

credit reference agencies. These agencies are also bound by the Data

Protection Act 1998 and should use and hold your personal information

accordingly.

15.4 We will not pass on your personal information to any other third parties without

first obtaining your express permission.

  1. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms and

Conditions (and under the Contract, as applicable) to a third party (this may

happen, for example, if We sell Our business). If this occurs you will be

informed by Us in writing. Your rights under these Terms and Conditions will

not be affected and Our obligations under these Terms will be transferred to

the third party who will remain bound by them.

16.2 The Contract is between you and Us. It is not intended to benefit any other

person or third party in any way and no such person or party will be entitled to

enforce any provision of these Terms and Conditions.

16.3 If any of the provisions of these Terms and Conditions are found to be

unlawful, invalid or otherwise unenforceable by any court or other authority,

that / those provision(s) shall be deemed severed from the remainder of these

Terms and Conditions. The remainder of these Terms and Conditions shall be

valid and enforceable.

16.4 No failure or delay by Us in exercising any of Our rights under these Terms

and Conditions means that We have waived that right, and no waiver by Us of

a breach of any provision of these Terms and Conditions means that We will

waive any subsequent breach of the same or any other provision.

  1. Governing Law and Jurisdiction

17.1 These Terms and Conditions, the Contract, and the relationship between you

and Us (whether contractual or otherwise) shall be governed by, and

construed in accordance with English law.

17.2 Any dispute, controversy, proceedings or claim between you and Us relating

to these Terms and Conditions, the Contract, or the relationship between you

and Us (whether contractual or otherwise) shall be subject to the jurisdiction of

the courts of England, Wales, Scotland, or Northern Ireland, as determined by

your residency.

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