Legal Information

Terms and Conditions

Last updated: June 22, 2021

Please read these terms and conditions carefully before using Our Service.

1. THESE TERMS

1.1  What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

1.3  Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual.

You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4  If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1  Who we are. We are Dalroad Norslo Limited a company registered in England and Wales. Our company registration number is 02860933 and our registered office is at Enterprise Way, Bramingham Business Park, Luton, Bedfordshire, LU3 4BU. Our registered VAT number is GB 639 8494 77.

2.2  How to contact us. You can contact us by telephoning our customer service team at 01582 505 252 or by writing to us at sales@dalroad.com and Enterprise Way, Bramingham Business Park, Luton, Bedfordshire, LU3 4BU.

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. A letter if sent by prepaid first class post will be deemed received 48 hours after being posted (excluding Saturdays, Sundays and bank holidays); if delivered by hand when left at our address; and if sent by email at the time of transmission.

3. OUR CONTRACT WITH YOU

3.1  How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing.

3.3  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4  We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4. OUR PRODUCTS

4.1  Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us in writing. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1  Minor changes to the products. We may change the product:

(a)  to reflect changes in relevant laws and regulatory requirements; and

(b)  to implement minor technical adjustments and improvements, for example to address a security threat.

6.2  More significant changes to the products and these terms. If more significant changes are required, we shall notify you before the changes take effect. We may however make immediate changes to prices of products to reflect increased costs passed on to us by our suppliers which reflect their escalating raw material costs and we will notify you subsequently.

7. PROVIDING THE PRODUCTS

7.1  Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2  When we will provide the products. During the order process we will let you know when we will provide the products to you.

7.3  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know. Provided we do this we will not be liable for delays caused by the event.

7.4  If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery.

7.5  If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.

7.6  When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.7  When you own goods. You own a product which is goods once we have received payment in full.

7.8  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)  deal with technical problems or make minor technical changes;

(b)  update the product to reflect changes in relevant laws and regulatory requirements;

(c)  make changes to the product as requested by you or notified by us to you (see Clause 6).

(d) any supply related difficulties we experience.

(e) where one of our product suppliers immediately raises prices for a product(s) due to their increased raw material cost.

7.10  Your rights if we suspend the supply of products. Where possible we will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.

8. YOUR RIGHTS TO END THE CONTRACT

8.1  Ending the contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract;

(b)  If you are a consumer and have just changed your mind about the product, see Clause 8.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(c)  In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.3.

8.2  Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.

8.3  Ending the contract where we are not at fault and there is no right to change your mind. If you wish to end the contract where we are not at fault and you are not a consumer who has a right to change their mind then you need to contact us. Cancellation of the contract will only be allowed with our written approval.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)  Phone or email. Call customer services on 01582 505252 or email us at sales@dalroad.com Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)  By post. Print off the printable form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2  Returning products after ending the contract. If you end the contract after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Enterprise Way, Bramingham Business Park, Luton, Bedfordshire, LU3 4BU or (if they are not suitable for posting) allow us to collect them from you. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

10. OUR RIGHTS TO END THE CONTRACT

10.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c)  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

(d)  you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2  You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we may charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01582 505 252 or write to us at sales@dalroad.com and Enterprise Way, Bramingham Business Park, Luton, Bedfordshire, LU3 4BU.

12. MANUFACTURERS GUARANTEE

12.1  Some of the goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturers guarantee provided with the goods.

13. PRICE AND PAYMENT

13.1  Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13.3 for what happens if we discover an error in the price of the product you order. This clause is also subject to clause 6.2.

13.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust, where applicable the rate of VAT that you pay.

13.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract.

13.4  When you must pay and how you must pay. We accept payment with debit card, credit card, BACS and IBAN. You must pay for the products before we dispatch them.

14. LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

14.1  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.

14.2  We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 15.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

15.1  Nothing in these terms shall limit or exclude our liability for:

(a)  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)  defective products under the Consumer Protection Act 1987; or

(e)  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.2  Subject to clause 15.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)  any loss of profits, sales, business, or revenue; or

(b)  loss or corruption of data, information or software; or

(c)  loss of business opportunity; or

(d)  loss of anticipated savings; or

(e)  loss of goodwill; or

(f)  any indirect or consequential loss.

15.3 Except to the extent expressly stated in Clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.4  Subject to Clause 15.1:

(a)  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, and direct or indirect or consequential loss arising under or in connection with any contract between us; and

(b)  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £5000.

15.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 How we will use your personal information. We will only use your personal information as set out in our privacy policy.

17. OTHER IMPORTANT TERMS

17.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

17.2  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

17.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.6  Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

 

17.7  Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider. You can submit a complaint to ADR Group via their website at www.adrgroup.co.uk. ADR Group will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

17.8 Force Majeure. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 2 months, the party not affected may terminate this agreement by giving 14 days days’ written notice to the affected party.

17.8  Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.