Terms & Conditions
Welcome to the Artistic Iron Products Ltd (“Bennington Carriages”) Terms and Conditions (“T&Cs”). By placing an order by phone, or via the www.benningtoncarriages.co.uk website (“Website”), you agree to be bound by the T&Cs set out below.
1. Ordering Goods
- 1.1 The steps required to create a contract between you and us (“Contract”) are as follows:
- (a) By post: You can order by post by downloading an order form from the Website and sending it to us complete with a cheque (please do not send cash). Please make your cheque payable to Bennington Carriages and write your name and address on the reverse.
- (b) By phone: Telephone orders are always welcome and we can advise you on sizing and other relevant information as necessary. Please telephone 01400 281280 during office hours which are as follows; Monday-Friday 9am-4.30pm, and we will take your order along with your credit or debit card details. Please note we do not accept American Express. For carriage spares, it will speed up our order processing if you can quote your chassis number if you have one.
- (c) Online: You will be guided through placing an order by a series of simple instructions on the Website.
- 1.2 Our Acceptance: all orders are subject to acceptance by us, and we will confirm our acceptance and complete our Contract with you by confirming your order at the end of the call or by sending you an email that confirms the goods will be dispatched to you (the “Order Confirmation”) or by dispatching the goods you have ordered to you, unless we have notified you that we do not accept your order, or you cancel your order in accordance with the instructions in Section 4 below. We aim to dispatch orders on the same working day for items in stock when placed before midday on a working day. For items not in stock, we aim to provide an estimated delivery date within one business day of order receipt.
2. Pricing, processing your orders and payment
- 2.1 The price of any goods will be as quoted on the Website except in cases of obvious error. In the event of obvious inaccuracies, we reserve the right not to fulfil and/or to cancel any orders placed by you in reliance on the inaccurate prices.
- 2.2 Prices are payable in pound sterling and are liable to change at any time, but subject to clause 2.1, changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- 2.3 Payment by credit or debit card received by us via the Website will be taken from your card at the time we receive your order, once we have checked your card details and whether the stock is available. Payment by credit or debit card for goods ordered by telephone or by post will be taken from your card when we dispatch the goods. Any payment made to us will be refunded if we do not accept your order.
- 2.4 Payments made by cheque for orders in excess of £100 will be cleared before the order is dispatched.
- 2.5 Whilst it is our intention to keep our Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
- 2.6 All prices shown on the Website are inclusive of VAT unless the price is marked * (to indicate the item is zero-rated). Delivery charges are clearly highlighted on the Website. Further information on delivery charges is provided in Section 3 below.
- 2.7 If you are ordering from outside the EEC (European Economic Community), please contact us via telephone or e-mail so we can process your order.
3. Ordering, availability and delivery
- 3.1 Your order will be fulfilled within 28 days of the date of the Order Confirmation; unless there are exceptional circumstances as detailed in Section 9.
- 3.2 Please take care when inputting or providing your delivery address details. We cannot be responsible for the cost of orders which are lost or cannot be delivered due to incorrect details.
- 3.3 UK Delivery
- (a) UK Mainland Standard: for smaller packages up to 2 kg and not exceeding 61cm x 46cm x 46cm sent via Royal Mail and delivery takes 3-5 working days from dispatch. Cost £4.95.
- (b) UK Mainland Courier: for larger packages up to 20kg. Orders placed before midday on a working day will be delivered on the next working day. Cost £25.00
- 3.4 Courier deliveries normally require a signature. If you wish your parcel to be left without a signature, you may authorise us to do so by informing us. We do not accept any responsibility for lost or missing parcels, so please ensure you ask for the parcel to be left in a secure place or state an alternative delivery address such as your work address, or request we leave it with a neighbour if you are not in.
- 3.5 Upon receiving your order, please check the items are correct and contact us within 7 days on 01400 281280 to inform us of any discrepancies.
4. Consumer Rights
- 4.1 If you are contracting as a consumer, you may cancel any Contract between us at any time within 28 days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy set out in Section 5 below.
- 4.2 To cancel any Contract between us, you must inform us by either emailing email@example.com or telephoning us on 01400 281280 or by using the Cancellation Form on our Website and return the goods to us as detailed in Section 5 below.
5. Refunds and Returns
- 5.1 When you return goods to us as detailed in Section 4:
- (a) where the goods are not defective, we will process the refund due to you as soon as possible and, in any case, within 28 days of our receipt of the goods or of proof of your return of the goods. In this case, we will refund the price of the goods in full, (provided you return the full order to us), but not the costs you incur in returning the item to us.
- (b) if you claim that the goods are defective, or not in accordance with the description, we will examine the returned goods and will notify you of your refund by either post, telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us, provided you return the full order to us using our Order Returns Form (copy available on the Website).
- (c) if you wish to exchange the goods, and would like more information on how to do so please telephone us on 01400 281280 within 7 days of receipt of the goods. We will not charge you to return the replacement goods to you, but unless the goods are faulty or not in accordance with their description we will not refund the costs you incur in returning the goods to us.
- 5.2 Goods can be returned to us at your cost within 28 days of delivery. You can handle the goods when you receive them to check that they are as you expected, in the same way as you would handle goods in a shop to decide whether to buy them. We may reduce the amount we refund to you where you have used the goods beyond the handling necessary for you to make sure the goods are as you expected. This does not affect your statutory rights where the goods are faulty or not as described.
- 5.3 You may return goods to our shop for refund or exchange even if you’ve mislaid the receipt or delivery note. Please note though, that any refund will be at the discretion of our colleagues, and will normally be given in gift vouchers to the value of the current selling price. Ordinarily if you have your receipt or delivery note we’ll refund the original amount paid to the debit, credit or charge card used to purchase the goods. If you paid by cheque or postal order, we will contact you to confirm your preferred refund method.
- 5.4 When you return personalised, custom-made or made-to-measure goods or special orders to us:
- (a) and where such goods are not defective, Clause 4.1 does not apply and we are unable to offer an exchange or refund as the goods were made to your specification. This does not affect your statutory rights where the goods are faulty.
- (b) if you claim that the goods are defective, we will examine the returned goods and will notify you of your refund in accordance with Clause 5.1(c) above.
6. Risk and Title
- 6.1 The goods will be at your risk from the time of delivery.
- 6.2 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
7. Our Liability
- 7.1 We warrant to you that any goods purchased from us are of satisfactory quality and reasonably fit for the purposes for which similar products are commonly supplied.
- 7.2 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection with the performance or non performance of our obligations under these T&Cs, including such damage as may be reasonably foreseeable at the date you order the goods.
- 7.3 Nothing in these T&Cs shall exclude or restrict our liability
- (a) for death or personal injury caused by our negligence;
- (b) under section 2(3) of the Consumer Protection Act 1987;
- (c) for fraud or fraudulent misrepresentation; or
- (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability
- 8.1 All notices given by you to us must be given to Artistic Iron Products Ltd, Bennington Carriages, Moor Lane, Long Bennington, Newark, Nottinghamshire NG23 5GA. We may give notice to you at either the email or postal address you provide to us when placing an order, or by posting on the Website.
9. Events outside our control
- 9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control and our performance under any Contract between us is deemed to be suspended for the period that the event continues.
- 10.1 These T&Cs are governed by English law. Any dispute arising from, or related to, these T&Cs shall be subject to the exclusive jurisdiction of the courts of England.
- 10.2 A person who is not a party to these T&Cs or any Contract between us shall have no right to enforce any term of the T&Cs.
- 10.3 If any provision of these T&Cs or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
- 10.4 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these T&Cs or any Contract to any third party at any time. You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these T&Cs and/ or any Contract between us except with our specific prior written permission in writing.
- 10.5 We reserve the right to revise and amend these T&Cs from time to time. If you place an order after the date on which the changes come into effect this will indicate your agreement to be bound by the new T&Cs.
- 10.6 We will take all reasonable care to verify the accuracy of all product details, descriptions, pricing information and photographs which we place on the Website, but we make no warranties or guarantees in relation to the accuracy of the information. Some details, such as colour, may not be a true representation.
- 10.7 If we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of our rights and shall not relieve you from compliance with your obligations.