TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This website www.pearstairs.co.uk is owned and operated by:
Phone: 01938 553311
Fax: 01938 555885
VAT Reg. No: 159 0430 72
Company No: 00215444
If you need to contact us please use the details above.
2. Making a contract with us
2.1 All goods supplied and sold to the customer (you) by Pear Stairs (us/we) are governed by these Terms and Conditions.
2.2 By placing an order with us, you agree to, and accept these terms, as well as our and the terms of website use.
2.3 When you place an order with us, you are making an offer to purchase goods based on these Terms and Conditions. An automated email will be sent to you acknowledging receipt of your order.
2.4 The acceptance and processing of your payment and any order acknowledgement by email or otherwise does not constitute legal acceptance of your offer to purchase. Your order is deemed accepted when the goods are delivered to you or when the goods are handed over to you for collection. Once your order is accepted by us, a legally binding contract will then exist between us and you.
2.5 We reserve the right to reject offers made by you for reasons that include but are not limited to fraud and/or website errors.
2.6 If your offer is not accepted by us any payments received from you will be refunded to the payment method used when you made the offer.
2.7 This contract shall be governed by and in accordance with English law.
3. How to place an order
3.1 You may use our website to place an order for listed products by clicking on the product you wish to purchase and adding it to your basket. This may be completed as many times as necessary to add items to your order.
3.2 You will have the opportunity at any time to alter quantities, delete or add products to your basket before finalising your order. Your order is finalised once payment is made.
3.3 All orders placed by you require acceptance by us (see 2.4). We reserve the right not to accept your offer to purchase goods from us at any time and for any reason. We will not be held accountable or liable to you or anyone associated to you for refusing to accept your order or offer to purchase goods.
3.4 In the unlikely event that the goods are out of stock, no longer available, or if a pricing error has been made, we will contact you and advise accordingly.
3.5 Once your order has been confirmed, it may not be possible to make changes without incurring additional charges and/or delays.
4.1 The prices payable for goods are shown on our website and excludes delivery and VAT.
4.2 VAT at the current rate will be calculated and added to the final total.
4.3 The carriage charge for most orders is £10 +VAT but will vary according to the final order weight and delivery address. The amount you need to pay will be calculated and shown prior to you finalising your order.
4.4 Promotional prices only apply during the period stated and may be withdrawn at any time without prior notice.
4.5 We reserve the right to alter our prices from time to time and without notice.
5. Making a Payment
5.1 You will be required to pay for all goods in full at the time of ordering.
5.2 Acceptance of your payment by us does not constitute acceptance of your offer.
5.3 Online payments are processed by a secured 3rd party payment facility, Sage Pay, Europe's leading independent service provider and one of the most trusted payment brands. Your card details are never processed by us, passed on to us or held on any of our systems.
5.4 You can pay for your order using Visa, MasterCard or any other payment method as shown at the checkout stage.
5.5 We also accept payments by PayPal.
6. Delivery & Carriage Charges
6.1 We deliver to all UK postcodes.
6.2 Although we offer a delivery service, you may opt for collection if you wish. This option is offered at the checkout stage.
6.3 Goods will normally be delivered within 48hrs for Richard Burbidge products (see Exceptions below) and for items in stock, and 7-10 working days for all other products. All given delivery dates are an estimate and are subject to change through external influences and circumstances outside of our control.
Due to high demand, please call for lead times of complete staircases as designed on our Staircreator.
6.4 We usually use overnight carriers to deliver your goods. This means that you are likely to receive your order on the next working day after despatch for most areas. Areas such as Ireland, Highlands, and offshore islands are likely to incur increased delivery times, please allow an additional 2-3 working days. This may be subject to variation depending on delivery postcode and busy postal periods.
6.5 Your order may arrive in more than one delivery.
6.6 We will deliver the goods to the premises you specify on your order. You must be available to accept delivery of your order, which is normally between 8:00am and 6:00pm Monday-Friday. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
6.7 Some of our products are relatively weighty/large items and you may be required to assist the driver in offloading your order.
6.8 Disposal of packing materials is your responsibility.
6.9 If a delivery attempt fails, delivery may be re-attempted at the discretion of the carrier. Occasionally the goods may be returned to us. We reserve the right to charge any additional re-delivery costs.
6.10 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
6.11 Goods must be checked on delivery. Damaged/missing goods must be notified to the delivery driver at the time of delivery and to ourselves within 48hrs. Deliveries must not be signed as "unchecked”.
6.12 You must notify us within 48hrs of missing or damaged goods to reduce the likelihood of delays and the inability to prove responsibility. Failure to observe this time limit may result in rejection of your claim.
6.13 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods. You should tell us about any special delivery requirements or conditions when you place your order.
6.14 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include but are not limited to things such as accidents, breakdowns, emergencies, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can't be responsible where this causes a delay or failure in delivering your goods.
6.15 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
Exceptions (see 6.3 above)
Richard Burbidge Heritage products (the larger of the two sizes) are made to order and have a 4 week lead time, and, Richard Burbidge Fusion Juliette Balconies - all sizes which have a 7-10 day lead time.
7.1 You may cancel your order at any time prior to despatch of goods. Please contact us as soon as possible on 01938 553311.
7.2 If your goods have already been dispatched, we will not be able to cancel your order. However you may return your order as outlined below.
7.3 You do not have to give a reason for your cancellation. However, a brief explanation will help us to improve the service we offer to our customers in the future.
8.1 This policy does not apply to goods ordered by businesses which are exempt from the Distance Selling Regulations, or to the following goods which are exempt from the right to cancel:
Any items which have been personalised, modified to your specification or made to order outside of the options listed on our website.
8.2 Unwanted goods may be returned by one of two methods:
8.2.1 Under your statutory rights - you may return unwanted items at any time up to 28 calendar days after the day of delivery/collection. To do this, you must inform us of your intent to return items within 14 calendar days after the day of delivery. You have a further 14 calendar days to return the goods to us. You must complete the online returns form found here. Please see our proceedure for more information.
8.2.2 Under our 30 day money back guarantee – you may return unwanted items at any time up to 30 calendar days after the day of delivery/collection. You must notify us of your intent to return goods and ensure that we receive your unwanted goods within 30 calendar days. You must complete the online returns form found here. Please see our proceedure for more information.
8.2b For damaged goods, please see 6.11 & 6.12 above.
8.3 You may not return items that have been used unless faulty.
8.4 We reserve the right to charge a re-stocking/administration fee for any returns received outside of 8.2.1 and 8.2.2.
8.5 You do not need to give a reason for returning items. However, a brief explanation will help us to improve the service we offer to our customers in the future.
8.6 It is your responsibility to ensure that all goods are taken care of prior to their return. This means storing timber products in the correct manner to avoid damage through physical and environmental conditions such as hot/cold temperatures, sunlight, damp, condensation, or other water ingress issues to avoid warping, twisting, splits, mould, stains and other damage preventing the re-sale of the goods.
8.7 All unwanted goods must be returned to us (or any other UK address specified by us), complete with the original packaging and at your own expense. You must ensure that the goods are packaged adequately to protect against damage. Goods must arrive to us in a saleable condition. We reserve the right to refuse goods or take relevant costs from the refund due if goods are returned incomplete, damaged or in any other condition that prevents us from re-selling the goods on.
8.8 You may properly examine the goods until returned to us under 8.2.1, however, you may not return any goods that have been used unless they are faulty.
8.9 We will refund the cost of the returned item/s including the outgoing postage/carriage costs to your delivery address within 14 days of us checking your returned goods, less any costs due under this contract.
8.10 We will not refund any costs of returning items to us unless proved faulty or defective.
8.11 This returns policy does not affect your legal rights - for example, if goods are faulty or incorrectly described.
9. Faulty Goods / Guarantee
9.1 If there is a fault with the goods, please notify us as soon as the fault develops by email or in writing providing details of the fault. To avoid unnecessary delays, it is helpful if you can provide us with digital photographs of the fault if at all possible.
9.2 We will contact you as soon as possible to resolve the issue.
9.3 All goods are covered by a manufacturer's warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
9.4 The manufacturer's warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
9.5 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked.
9.6 If a fault is discovered within 30 calendar days of delivery/collection, you may be entitled to a full refund.
9.7 The cost of returning goods to us is your responsibility; however we will refund your reasonable postage costs providing that on inspection the goods are found to be faulty. If the goods are not faulty, we will return them to you and you will be required to cover our reasonable postage costs.
9.8 We reserve the right to offer an alternative product if an item is no longer available. Our liability will be to replace the faulty goods only. We may be unable to guarantee an exact match. In this instance, we may offer you the choice of a refund.
9.9 The warranty offered on replacement goods will be a continuation of the original goods regardless of how many replacements or remaining warranty exists.
9.10 Where you are still in possession of the faulty goods and they have been replaced by us, it will be your responsibility for their safe disposal provided 9.11 is met.
9.11 Goods must not be disposed of unless specifically authorised by ourselves.
10.1 All refunds are made to the payment method used in the original purchase only.
10.2 We reserve the right to reduce the refund paid to cover costs.
10.3 Refunds are made within 14 calendar days of the refund being authorised.
10.4 Where only part of the order is returned, or where the goods are returned outside of the statutory 14+14 days, refunds for the original outbound delivery charges will not be made.
10.6 Refunds for returned goods will not include any return delivery costs unless the goods are found to be faulty or damaged.
11.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
11.2 No warranty is given to any part or product modified, improperly fitted or stored or used outside of its intended designed use.
11.3 We do not accept liability for any consequential loss of profit or indirect losses. You should therefore not book installation of the goods until you have received them and inspected them.
11.4 Timber is a natural product subject to normal grain pattern and colour fluctuations. No guarantee is given for exact matching of one product with another.
11.5 Images of products on this website are for illustrative purposes only. Actual goods may vary slightly from the images shown on the website and will not include any of the pictured accessories or finishes unless stated in the specification of the goods. Whilst goods may be shown assembled, some assembly may be required.
11.6 We make every effort to depict as accurately as possible the products and product colours that appear on this website. However, we cannot guarantee that your monitor, printer or any other device you use will accurately reflect the colour of the actual goods.
12. Trade or Business Customers
The following conditions apply to orders placed by Trade or Business Customers.
12.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by us. We reserve the right to make cancellation and/or restocking charges.
12.2 Claims for missing or damaged items must be made within 2 days of delivery.
Website Disclaimer for www.pearstairs.co.uk
This disclaimer details our obligations to you regarding our website. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.
1. Use of Website
1.1 You must only use this website for lawful purposes.
1.2 You must not in any way infringe the rights of others wishing to use this website.
1.3 You are permitted to use, download, display and print the contents of this website for your own lawful use.
1.4 Subject to 1.3 above, you are not permitted to copy or reproduce any part of the website, modify, distribute, or post in any form or format electronic or otherwise, crawl or link to the website by any means, application, device or platform, or use any part of the website for commercial gain or exploitation, without expressed written consent from us.
1.5 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2. Visitor Conduct
2.1 Any and all material you send or post to this Website shall not be considered to be confidential except for personally identifiable information as covered by our
2.2 You may not use this website for, neither shall you post or send to or from this Website, any material for which you have not obtained all necessary consent, is obscene, pornographic, vulgar, discriminatory, defamatory, bullying, abusive, threatening, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance, grievance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, interfering with, disrupting or gaining unauthorised access to connected networks and systems or otherwise is contrary to the law in the United Kingdom.
3. Site Uptime
3.1 We will take every reasonable step to ensure that this Website is available 24 hours every day, 365 days per year. However, there will be times when access to the website is unavailable, restricted or limited to allow for maintenance, repairs, updates and upgrades. We will always endeavour to restore access as soon as possible.
3.2 We will not be liable for website downtimes or faults regardless of cause, time or length of downtime. Neither shall we be liable for any loss of information caused by such downtime or website/server errors.
4.1 No guarantee is made as to the accuracy or completeness of any content, descriptions, guides, images or links contained within this site.
4.2 Expressed views by users and or employees does not necessarily represent the views and opinions of the company or website.
4.3 All content is copyright and belongs to their respective copyright owners.
5. Links to and from other websites
5.1 Where we have provided links to third party websites that we believe may be of interest to you, these have been provided for your convenience only. We have not reviewed the content of any third party website, neither do we have any control over them and as such do not accept responsibility for such third party websites or their content.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
5.3 If you link to our website in breach of 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6.1 Except where expressly stated to the contrary, all persons (including their names, images and logo’s), third party trademarks and content, services and/or locations featured on this Website are in no way affiliated to, linked to or associated with Pear Stairs. No reliance should be placed on the existence of such a connection or affiliation.
6.2 All trade marks and trade names featured on this Website are owned by the respective owners.
6.3 Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that products or services are endorsed by or connected to Pear Stairs.
7. Exclusion of Liability
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
8. Law and Jurisdiction
8.1 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
Updated October 2017