Terms & Conditions
These Terms and Conditions are the standard terms which apply to the provision of all Services by us, Sixty Stores Ltd, a company registered in England and Wales under number 7741797, whose registered office address is at Sixty Stores Ltd,
390 Birmingham Road,
Stratford upon Avon,
CV37 0RE (“the Company”).
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
“Consumer” means a consumer as defined by the Consumer Rights Act 2015;
“Contract” means the contract into which you and we will enter if you purchase Goods and/or Services via our Website. The Contract will incorporate, and be subject to, these Terms and Conditions;
“Customer” means you, the party accepting our Quotation or placing an order with us;
“Goods” means the Goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Materials” means the materials required for the provision of the Services which we will supply, where applicable, as specified in our Quotation;
“Order” means your order for Goods or Services;
“Property” means the property, as detailed in the Quotation, at which our Services are to take place or be delivered to;
“Installation Services” means the Home Installation Services that may be included in the Order by you.
“Website” means www.sheds.co.uk
- Each reference in these Terms and Conditions to:
- “we”, “us” and “our” means the Company and includes all our employees, agents and sub-contractors;
- “you” and “your” means the Customer;
- “writing” and “written” includes emails and text messages;
- a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time; and
- “these Terms and Conditions” is a reference to these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words signifying the singular number will include the plural and vice versa. References to any gender will include the other gender. References to persons includes corporations.
- The Contract
- These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.
- Our website may give you the option to choose a delivery date for the Goods, and the lead time will be stated on the product page.
- Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it, ticking the box to say ‘I have read and understood the terms & conditions’ and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
- No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.
- We then send an Order confirmation to you by email; Order Confirmations will be provided in writing and will contain the following information:
- Confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
- An Order number to be used in any future correspondence
- Our identity and contact details;
- The delivery date(s) and estimated time(s), where applicable.
- Once the manufacturer or supplier have received confirmation of the order, they will contact you to confirm delivery.
- Our acceptance is indicated by us sending you a Delivery Confirmation by email. Only once we have sent you a Delivery Confirmation will there be a legally binding Contract between you and us.
- It is your responsibility to provide the correct email address upon placing an order. We cannot take responsibility for the non-delivery of a confirmation or dispatch email should you email address be incorrect.
- If we, for any reason, do not accept or cannot fulfil your Order, and we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
- Once your Order has been accepted as detailed in clause 2.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
- Description and Specification of Goods
- We are not the manufacturer of all of the Goods sold and we have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate.
- If the Goods are not available, the provisions of clause 2.9 will apply.
- Price and Payment
- The price of the Goods will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
- All Goods are priced in pounds sterling (£GDP) and may exclude delivery charges which will be applied at checkout before you complete your order.
- The ordering process will prompt you to choose your options. This may include home installation service which is in accordance with clause 6.
- We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
- If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
- All prices are inclusive of 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.
- Delivery charges may be included in the price of the Goods on our Website. Delivery costs, where free delivery is not available, and any related charges will be presented to you as part of the Order process via the postcode checker. Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
- If you find the same Goods cheaper elsewhere, upon notification and evidence we shall endeavour to match that price.
- All payments made via the Website will go through a secure payment gateway. We accept Visa Credit, Visa Debt, American Express, MasterCard and PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to SagePay terms and conditions. A separate contractual relationship is created between you and SagePay and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by SagePay.
- We do not accept liability if delivery of Goods is delayed because you have provided us with incorrect payment details.
- If it is not possible to obtain payment for the Goods using the payment details you have provide, your order will be rejected.
- In certain circumstances, we can offer you finance options via a third party. In this event, we will provide you with the details on our website to begin the application. If you begin the application process, a separate contractual relationship will be created between you and the finance provider (subject to additional terms and conditions) and we cannot be held liable for any errors, actions, omissions or incorrect charges that they may make.
- If your application is accepted by the finance provider, they will pay the agreed amount to us. This will need to be confirmed before the Contract is formed.
- By choosing the finance option this may delay the delivery and where applicable, the installation process. Our Pick a Day service is not available with the finance option.
- Installation Services
This clause will apply if you require your Goods to be installed by us.
- We will require you to grant us access to the Property at all reasonable times, to carry out our Services as agreed, and for any remedial works (if required).
- We may provide sketches, samples, impressions, plans or similar documents in advance of the works. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification.
- Our installers will contact you to ensure there is a suitable base which must be a flat level base for your Goods and that installation can be successful without any further delays or fees.
- Any dates given by us are estimates only and unless otherwise stated, we will have no obligation to complete our Services by a specified date.
- You will be contacted directly by the installers to arrange an installation date. Lead time is normally between 14-21 days. During peak periods this lead time may be extended.
- We will use reasonable endeavours to ensure that the Materials we use match those chosen by you and are consistent. However, we cannot guarantee consistency throughout, due to unavoidable variances that may arise in the manufacturing process of the Materials.
- The responsibility (sometimes referred to as the “risk”) for the Materials remains with us until they have been delivered to you, at which point it will pass to you.
- We will ensure that the Services are performed with reasonable care and skill and to a good standard consistent with best trade practice.
- Unless otherwise agreed in writing we are not liable to carry out any re-siting of any gas, electrical, wiring, plumbing or telephone installations but will ensure that no parts of the Property suffer damage as a result of our provision of the Services.
- We accept no responsibility for any damage resulting from existing structural or other defects in the Property at which the Services are carried out.
- If any information or action required of you under Clause 6 is delayed, incomplete or otherwise incorrect. We will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action. We may charge you reasonable charges for that works.
- The Service is only available for the Goods that the Service was purchased for, there are no amendments or variations of this.
- Once the Order has been placed, your delivery lead times will be in accordance to the information supplied on the product pages. If you have also requested installation, please note that delivery and installation will not take place on the same day.
- If your Order includes a Log Cabin or an Insulated Garden Room then this may include additional charges and be subject to extended delivery dates.
- There may be an option to use our Pick a day delivery service. The postcode inputted must match your delivery address.
- Goods may be delivered on separate instalments on separate days depending on your Order.
- If you are not happy with your delivery date provided then please contact us before the day to make alternative arrangements, failure to give at least 48hours notice may result in delivery costs being charged to you in full.
- Should your Order not arrive by the estimated delivery date, you should contact us as soon as possible so we can investigate.
- It is your responsibility to provide us with full and correct delivery address details. If the goods cannot be delivered due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address and any reasonable additional costs for the cost of the re-delivery.
- Before the delivery of the goods, please ensure that there is sufficient access and space. If delivery cannot take place and the driver does not feel that it is safe or possible to do so, you will be charged the full delivery cost and the contract may be treated as cancelled.
- If no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place nominated by you, we may leave a delivery note explaining how to rearrange delivery and you will be required to contact us.
- If you do not rearrange delivery within 14 calendar days, the supplier will contact you to ask you how you wish to proceed. If they cannot contact you or arrange redelivery, we will treat the Contract as cancelled. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional costs that are incurred.
- Bespoke Goods cannot be treated as cancelled and may incur additional costs should delivery not be rearranged.
- 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.
- Customer’s Responsibilities
You are responsible for:
- Ensuring that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you have obtained these before we begin the Services;
- Ensuring that we can access the Property at the agreed times to deliver the goods and/or provide the Services;
- Providing electricity, gas and water, at no cost to us, to enable us to complete the Services and, if necessary, any remedial works;
- Ensuring that access is granted in the event of access being required to neighbouring land and we shall not be held liable for any delays arising out of your inability to gain access;
- The cost of any additional work necessary to complete the works as a result of your failure, or the failure of any third party, in complying with our specifications. Where the Goods have been installed by you or any third party and where this has been constructed inadequately or incorrectly, we will not be held responsible for any subsequent loss or damage attributable to defects with the Goods.
- If you fail to comply with any of your responsibilities outlined in clauses 8.1 – 8.5 above, we will not be held liable for any delays as a result and we reserve the right to recover any costs incurred by us, such as for storage of materials or non-productive visits to the property.
- Any variations must be agreed in writing before we will proceed with the works. Any price variation shall become due for payment to us in accordance with our payment terms as detailed in clause 4.
- Cooling Off Period (Consumers Only)
- If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. The cooling off period does not apply to any bespoke goods or materials made to measure ordered by the Customer.
- If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
- If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
- If you wish to exercise your right to cancel the Contract within the cooling off period, you should inform us immediately by a clear statement in writing.
- Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
- If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract. We will refund money within 14 days after the day on which we are notified the Goods (if applicable) have been returned. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 10.
- If you exercise your right to cancel we will organise the collection of the Goods with the supplier, who will liaise directly with you to arrange this collection.
- When a cancellation has been received and we have made the arrangements to have the item collected it is your responsibility to make the product available for collection. Disposing of any product does not result in a full refund, refer to section 10.9. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
- Refunds under this clause 10 will be made using the same payment method that you used when ordering the Goods.
- Cancellation After the Cooling Off Period and for Non-Consumers or Customers of Bespoke items
- Where you are not a Consumer, or where the goods ordered were bespoke or made to measure, or should any Consumer cancel an order with us after the expiry of the cooling off period above, you will remain liable to pay for any such part of the work as has been completed and we reserve the right to levy reasonable cancellation charges (including administration costs and loss of profit), against you and these shall fall due for payment immediately. Any deposit and other monies already paid to us shall be non-refundable. Should cancellation take place after we have purchased any Materials, you will be required to pay for such Materials and any expenses incurred by us.
- Manufacturer's Guarantee
- The Goods are provided with a manufacturer’s guarantee. For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.
- The following conditions must be met;
- The Goods were constructed on a firm solid level base.
- The Goods were constructed or installed as per the manufacturer’s instructions.
- The Goods have not been customised or modified in any way.
- The Goods have not been touched by an external wall or in contact with a tree or bush, as this would allow moisture.
- The Goods have been used for domestic use only.
- Wood is a natural product and may absorb water. Wood also shrinks and expands during temperature changes, this is normal. You are required to further treat your product if it meets the following criteria;
- Dip Treated Products - Require a further preservative treatment to protect against rot and decay and a waterproof treatment to prevent water ingress after installation. Regular annual retreatment is required.
- Pressure Treated Products - Require a waterproof treatment to prevent water ingress after installation. Regular annual retreatment is required.
- Log Cabins and Insulated Garden Rooms - Delivered untreated and require a preservative and a water proofing treatment after installation to prevent water ingress. Regular annual retreatment is required.
- Please note wood is a natural product and if left untreated will absorb water. Wood also shrinks and expands during temperature changes.
- We welcome feedback from our customers and, while 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. Abusive behaviour shall not be tolerated and please make any complaint to us in writing.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, strikes or other industrial action by third parties, acts of terrorism or war, or any other event that is beyond our reasonable control.
- Subject to this clause 15, 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. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- We accept no liability in respect of the following:
- Loss or damage due to causes beyond our control including, but not limited to, accident, storm, flood, neglect, misuse, faults or premature deterioration which results from your failure to comply with our instructions;
- Loss or damage arising from the original installation of Goods, including damage to our works attributable to the failure of foundations, the base or structure, or any other works, where these have not been carried out by us;
- Deliberate or accidental damage and/or misuse of the Goods;
- Damage or deterioration arising out of normal wear and tear.
- Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
- We will maintain suitable and valid insurance, including public liability insurance. Details are available on request.
- 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.
- Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
- Data Protection
- All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the General Data Protection Regulations 2016 and any amendments thereto. We will not pass on your personal information to any other third parties without first obtaining your express permission unless we have a lawful basis for doing so.
- Other Important Terms
- 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 the Contract.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract or these Terms and Conditions and the remainder of the provision in question will not be affected.
- Law and Jurisdiction
- These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
- Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.
© Sixty Stores Ltd