Terms & Conditions

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TERMS AND CONDITIONs

BACKGROUND: 

These Terms and Conditions are for the provision of service by ROYLRESIN LTD '16195388'.

1. Definitions and Interpretation 
   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;

“Contract”

means the contract for the provision of Services, as explained in Clause 3;

“Deposit”

means an advance payment made to Us under sub-Clause 5.4;

“Month”

means a calendar month;

“Price”

means the price payable for the Services;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Order”

means your order for the Services;

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 3;

“We/Us/Our”

Means ROYLRESIN LTD;

“You/Your”

Means the client/customer.

1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, or other means.
2. Information About Us
   1. Mr Harry Marshall - Royal Resin 
   2. Our VAT number is - N/A
3. The Contract
   1. These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you.  Before submitting an 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.
   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. A legally binding contract between Us and you will be created upon our acceptance of your Order and your payment of a deposit. 
   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:
      1. The main characteristics of the Services;
      2. Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
      3. The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
      4. The arrangements for payment;
      5. Our complaints handling policy;
      6. Where applicable, details of after-sales services;
4. Orders
   1. All Orders for Services made by you will be subject to these Terms and Conditions.
   2. Changes to your Order must be made at least 3 weeks before We begin providing the Services by contacting us via telephone or email. 
   3. If the change to your Order is accepted, We will inform you of any amendments to start date, length of time to complete and/or the Price in writing.
   4. You may cancel your Order up to 8 weeks before start date.  If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub-Clause 5.5, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing.  If you wish to cancel the Services after this time period, please refer to Clause 11.
   5. We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform you as soon as is reasonably possible.  If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing.
5. Price and Payment
   1. The Price of the Services will be that shown in Our Estimate in place at the time of your Order.  
   2. Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
6. Before We begin providing the Services, you will be required to pay a Deposit of 50% of the total Price for the Services.  This is payable upon acceptance of the Order.
7. In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part.  The amount due will be calculated based upon the Price for the Services, Our Estimate, Start Date and the amount of work (if any) already undertaken by Us.  Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 11 if the Services are cancelled after they have begun.
8. The balance of the Price will be payable once We have provided the Services.
9. We accept the following methods of payment:
   1. Bank Transfer;
   2. Credit/Debit Card;
10. If you do not make payment to Us by the due date We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Bank of England.  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.
11. The provisions of sub-Clause 5.8 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 ongoing.
12. Providing the Services
    1. As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by Us about the Services and about Us.
    2. We will begin providing the Services on the date confirmed with yourself. We reserve the right to change this date and will notify you accordingly to discuss a mutually convenient new start date.
    3. We will make every reasonable effort to complete the Services on time (and in accordance with your Order).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 10 for events outside of Our control.
    4. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.  
    5. If the information or action required of you under sub-Clause 6.4 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 on your part, We may charge you a reasonable additional sum for that work.
    6. In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.4, We may suspend the Services (and will inform you of that suspension in writing).
    7. In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue.  Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
    8. If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due.  If this happens, We will inform you in writing.  This does not affect Our right to charge you interest under sub-Clause 5.8.
13. Client Responsibilities
    1. Protect the Works from vandalism or interference by any third party including pets or other animals
    2. Remove all existing floor coverings, tacks and staples
    3. Fully disclose any information that may affect the Our installation procedures (including, but not limited to, disclosing known breaks or tears in the substrate, extensions of existing slabs, thickened beams, specifications of self levelling screed or curing compounds that may have been used)
    4. Ensure the substrate is adequately ventilated and is structurally sound
    5. Ensure that the levels of the substrate are satisfactory as the floor coatings can only follow the contours of the substrate and will not correct unevenness
    6. Remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. All care taken but no responsibility accepted by Us in this regard should a damages/breakages occur.
    7. Provide adequate dust sheets to protect furniture and décor. Flaking or crumbling walls should be temporarily covered by yourself until the coatings are dry.
    8. Extinguish all naked flames prior to coating including, but not limited to, pilot lights, heaters
    9. We are not insured to remove furniture or fittings and will not do so.
    10. You must inspect the Works on completion and must complete and sign the Job Completion form. By signing this form, you have agreed that all Works have been completed as per the Estimate and are satisfied with the Work that has been performed. If you are not satisfied with the outcome of how We have completed the Works, you have seven days to send a written letter including photographs to Us. Failure to do so within this time frame, We will not take any responsibility carried on from this period and therefore will accept that the Works have no defects and the Job Completion form will be over righted as satisfied with no errors.
    11. Minor marks or slight imperfections in the floor finish that can only be viewed from a crouching or kneeling position will not be considered defects.
14. Problems with the Services and Your Legal Rights
    1. We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible in writing.
    2. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. 
    3. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.  In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
15. Our Liability
    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 the 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.
    2. If you are contracting as a consumer, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price of the Services you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
    3. If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the price of the Services you purchased.
    4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
16. loss of income or revenue;
17. loss of business;
18. loss of profits or contracts;
19. loss of anticipated savings;
20. loss of data; or
21. waste of management or office time,

however arising and whether caused by tort (including negligence), breach of contract or otherwise.

1. We will take reasonable efforts to provide the colour and design requested at the time of order but will not be held responsible for variations in colour or design due to the nature or different batches of the product. 
2. We will take all due care to avoid contamination of the finished surface but will not be held responsible for natural contaminates such as dust or hair which may be present at the Worksite. 
3. We will not be held responsible for product discolouration due to UV light or if the correct care and maintenance hasn’t been used. 
4. We will not be held responsible for marks and scratches that occur on the product due to normal wear and tear or if the correct care and maintenance hasn’t been used.      
5. Any slip resistant coating applied by Us will assist in preventing slips and falls, however it will not completely eliminate such incidents from occurring. The treated surface may become slippery particularly after being exposed to wet, oily or greasy conditions. We will accept no liability for any injury to persons or any subsequent damage occurring as a result of a mishap whilst using the treated surface.  It will remain Your responsibility to provide for your own safety and that of your family and visitors.
6. We shall not be liable for any defect in the Works, if You do not follow Our recommendation whilst the curing process is in progress:
   1. allow no foot traffic for a minimum of twenty four (24) hours and vehicles for a minimum of five (5) days
   2. place no heavy furniture on the Works area for a minimum of seventy two (72) hours. 
   3. protect the Works from contamination 
   4. If you fail to protect the Works as per the Our recommendation, then any additional Works/Materials required will be charged as a variation.
7. We give no guarantee (expressed or implied) as to the length of time the curing process will take as this can vary depending on effects of elements such as heat exposure that can prolong the curing process.
8. If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you.  We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.
9. 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.
10. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
11. 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.
12. Events Outside of Our Control (Force Majeure)
    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.
    2. If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
       1. We will inform you as soon as is reasonably possible;
       2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
       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 Services as necessary;
       4. 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 11.3.3.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice.
13. Cancellation
    1. If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
    2. If you cancel your Order less than 8 weeks to start date, or if services have begun, no refund will be given for deposit paid or for any other payments made unless We are in breach of Contract. If We have provided Services that you have not yet paid for, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
    3. If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  If you cancel because of Our breach under sub-Clause 11.3.1, you will not be required to make any payments to Us. You will not be required to give notice in these circumstances:
       1. We have breached the Contract in any material way and have failed to remedy that breach of you asking Us to do so in writing; or
       2. We enter into liquidation or have an administrator or receiver appointed over Our assets; or
       3. We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 10.2.4); or
       4. We change these Terms and Conditions to your material disadvantage.
    4. We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.
    5. Once We have begun providing the Services, We may cancel the Services and the Contract at any time.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
    6. If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give  notice in these circumstances:
       1. You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or
       2. You have breached the Contract in any material way and have failed to remedy that breach of Us asking you to do so in writing; or
       3. We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 10.2.4).
    7. For the purposes of this Clause 11 (and in particular, sub-Clauses 11.3.1 and 11.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 11.3.1 and Us under sub-Clause 11.6.2).  In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
14. Communication and Contact Details

If you wish to contact Us, you may do so by telephone at *PHONE NUMBER*, by email at *EMAIL ADDRESS* or post using address: *ADDRESS*.

1. Complaints and Feedback
   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.
   2. If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in writing via email or post. 
2. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy available from our website.

1. Other Important Terms
   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 and Conditions will be transferred to the third party who will remain bound by them.
   2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
   3. 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.
   4. 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.
   5. 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.
2. Governing Law and Jurisdiction
   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 the law of England & Wales. 
   2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
   3. 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.