Terms & Conditions
Monty & Boosh - Consumer Terms and Conditions
Monty & Boosh provides its goods and services to our customers on the following terms and conditions.
1. INTERPRETATION
The definitions in this clause apply to the terms and conditions set out in this document:
“we”, “us” or “our” means Products of Distinction Limited (company number: 04685339), trading as Monty & Boosh and whose registered office is at Unit 2 Qbm Business Park Geldard Road, Birstall, Batley, West Yorkshire WF17 9QD;
“you” or “your” means the person to whom we are supplying Goods and where applicable providing the Installation and who is required to pay for the Goods we supply and the Installation we provide;
“Goods” means the fitted furniture and related goods we shall manufacture and supply to you and which you shall pay for;
“Installation” means the fitting and installation of the Goods at the Premises. The precise Installation we will be providing will be as stated in the Order or as we agree in writing from time to time, subject to completion of an Installation survey where required;
“Installation Survey” means the survey at the Premises to be carried out by our representative and/or our sub-contractor responsible for the Installation to assess the work required to carry out the Installation;
“Order” means your signed order for the Goods and, where applicable, the Installation;
“Premises” means the location where we will carry out the Installation;
“Terms” means the terms and conditions set out in this document;
2. BASIS OF THE SALE
2.These Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods and the Installation. Please check that the details on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake in the Order, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order will only be binding if agreed in writing by us and in accordance with clause 16. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by them once you have signed the Order and it has been countersigned and dated by us, at which point a Contract shall come into existence between you and us.
2.2 You should keep a copy of these Terms for your records.
2.3 As the Goods are made on a bespoke basis, any samples, photographs, drawings, descriptive matter or advertising issued by us and any descriptions or illustrations contained in our catalogues or website or other advertising material are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the contract nor have any contractual force.
2.4 Any wood effect materials are melamine or vinyl-faced boards, unless specified as real wood veneers. We cannot control the wood effects or grain patterns on any product. Slight variations in colour and grain may arise on any real wood veneers or products, and such shall be considered acceptable.
2.5 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.1. A quotation shall remain valid for 30 days from its date of issue. If you ask us to pause manufacture of the Goods and their Installation prior to Installation, we reserve the right to revisit the cost if such delay exceeds 6 months.
2.6 We shall assign an order number to your Order and inform you of it in an order acknowledgement. Please quote the order number in all subsequent correspondence.
2.7 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements, changes in our manufacturing capabilities
and changes affecting our suppliers or sub-contractors regarding the manufacturing of the Goods or the Installation. You will be subject to the terms in force at the time that you order the Goods and Installation from us, unless any change to those these Terms is required by law or government or regulatory authority (in which case, it will apply to orders in progress).
2.8 We reserve the right to correct any errors or omissions (including the right to change any of the documentation which forms part of your Order) provided that such correction is minor and does not materially affect the contract.
3. SPECIFICATION OF THE GOODS AND INSTALLATION
3.1 The Goods that you have agreed to purchase from us shall be as set out in the Order or as otherwise agreed by us in writing.
3.2 Once the contract has become binding, it will not be possible for you to cancel or change what you have purchased (except as permitted under clause 17.1 or as may otherwise be permitted under law).
3.3 We shall take reasonable steps to pack the Goods properly and to ensure that you receive them in good condition.
3.4 Any measurements you supply will be used for an approximation only and the measurements we use for fulfilment of the Order will be based on our Installation Survey only.
3.5 We reserve the right to make any changes in the specification of the Goods, where the Goods are to be supplied to our specification, which do not materially affect their quality or fitness for purpose.
3.6 The timescales, terms, scope and extent of Installation shall be set after an Installation Survey has been carried out.
3.7 Regarding the Installation of the Goods, we assume that:
3.7.1 where applicable, electricity will be available without restriction at the Premises; and
3.7.2 existing furniture, walls and other features of the Premises to which Goods are to be affixed are in good condition and suitable for the installation or fitting of the Goods.
3.8 You must make us aware prior to or at the Installation Survey of the presence of any pipework, cabling or heating that may need to be taken into account regarding the Installation. Such information will be recorded on the Installation Survey and we will not be liable for any damage caused to such if it is not so recorded.
4. DELIVERY
4.1 We shall arrange for the Goods to be delivered to the Premises on the date agreed or notified to you. Delivery of the Order shall be completed when we deliver the Goods to the Premises
4.2 We will take reasonable steps to meet the delivery date set out in the Order or as otherwise agreed between us in writing, however, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you (and Installation date where applicable).
4.3 If you fail to take delivery of an Order (which we have attempted to deliver to you) or we notify you that the Goods are ready for collection, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
4.3.1 we will store the Goods until delivery actually takes place and may charge you a reasonable sum to cover expenses, insurance and a charge for re-delivery; and
4.3.2 we shall have no liability to you for late delivery.
4.4 If you have not taken delivery of the Goods within eight weeks of the intended date set out in the Order (or as otherwise agreed by us in writing) or our notifying you that they are ready for collection, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price, utilising the deposit as appropriate.
4.5 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or if one instalment is faulty, that will not entitle you to cancel any other instalment.
4.6 Once the Goods are delivered to you it will then become your responsibility to look after them. If you delay delivery after a date for delivery has been agreed (for any reason), then notwithstanding clause 4.3, we will not be responsible for the Goods after the agreed date of delivery whether or not the Goods have been delivered (unless any damage which the Goods suffer is due to our negligence).
5. QUALITY OF THE GOODS
Subject to the terms of our Guarantee as set out in clause 8 (including as to Goods that qualify for the Guarantee), we warrant that for a period of 15 years (or 12 months, in the case of electrical components) from the date of delivery in respect of the Goods that are in scope of the Guarantee, such Goods shall:
5.1 conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements or any other documents;
5.2 be of satisfactory quality;
5.3 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
5.4 be free from material defects in design, material and workmanship; and
5.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
6. THE INSTALLATION
6.1 We shall carry out the Installation at the Premises on delivery of the Goods or on a date agreed by us in writing.
6.2 We will make every effort to complete the Installation on time but there may be delays due to circumstances beyond our control. In this case we will complete the Installation as soon as reasonably possible.
6.3 We may have to suspend the Installation if we have to deal with technical problems, problems in relation with the Installation being performed at the Premises for any reason, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
6.4 The Installation is for domestic uses only, and you agree not to use the Goods for any commercial purpose.
6.5 You must provide us, in advance, with any information and instructions relating to the Installation that are necessary to enable us to perform it in accordance with these Terms. If you do not, or the information or instructions are incomplete, incorrect or inaccurate, we may make an additional charge of a reasonable sum to cover an extra work that is required.
6.6 With regard to the Installation, you should:
6.6.1 make the Installation area(s) at the Premises ready in advance of the day of Installation;
6.6.2 remove any items which may interfere with the Installation;
6.6.3 protect your possessions from the effects of us carrying out the Installation; and
6.6.4 allow us access to the Premises when the Goods are delivered or when we have agreed we will perform the Installation.
6.7I It is your responsibility to obtain any necessary consents, permissions and approvals before we begin the Installation.
6.8 You will make available facilities at the Premises as we reasonably require, for example, electricity and lighting and bathroom facilities.
7. QUALITY OF THE INSTALLATION
Subject to the terms of our Guarantee as set out in clause 8, we shall ensure that at the time the Installation is carried out and for a period of 12 months following the date the Installation, the Installation:
7.1 conforms in all material respects with its description;
7.2 is carried out with reasonable care and skill; and
7.3 complies with all applicable statutory and regulatory requirements for the Installation in force at the time the Installation is carried out.
8. TERMS OF OUR GUARANTEE
8.1 Our guarantee (as referred to in clauses 5 and 7 above (“Guarantee”)) is valid for customers resident in England, Wales, Scotland and the Channel Islands only.
8.2 The Guarantee does not cover defects as a result of any drawings, designs or specifications supplied by you, fair wear and tear, wilful damage, misuse, abuse or negligence, abnormal or inappropriate use or failure to follow our instructions (whether oral or in writing). The Guarantee does not cover misuse or alteration of the Goods without our prior written approval, parts, materials or equipment which is not manufactured by us, glass breakage, silvering of foil-covered mirrors or accessories or where the products or parts have been used for a non-domestic purpose.
8.3 The Guarantee is limited to the repair or replacement of the actual products or parts manufactured by us or the re-performance of the Installation.
8.4 If there is a problem with your Goods or the Installation, please contact us as shown under clause 16 so that we can assess the issue.
8.5 We will examine the Goods or inspect the Installation and decide if the issue is covered under the Guarantee and you must make access to your Premises available for this purpose. We will then, at our sole discretion, either repair the defective product or part or replace it with the same or a comparable product. Where a repair is carried out or the Installation is to be re-performed in part or in full, we shall be responsible for the costs of repair, spare parts, labour and travel for our employees (or other representative) provided we can gain access to the defective product or part (or access to the Premises) without incurring any additional costs.
8.6 Where a replacement product or part is provided by us, we reserve the right to provide a replacement of a similar nature if the original product or part is no longer available. We shall not be liable for any variation in the colour of the Goods or for any change of colour in the Goods or the repaired or replacement products after the delivery date and no warranty is given that products supplied under this provision will match the originals.
8.7 Any repaired or replaced Goods, products or parts or re-performed Installation will be covered by the unexpired term of the Guarantee only.
8.8 The Guarantee is transferable by you for the remainder of its duration to the next owner of the Premises, if such are sold by you.
8.9 The Guarantee gives you specific rights in addition to your legal rights in relation to the Goods and the Installation which are faulty or which have not been carried out with reasonable skill and care or which otherwise do not conform with these Terms. It does not in any way affect the rights given to you by law and any Goods or Installation excluded from this guarantee may still be covered by the rights given to you by law. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.
9. DEFECTIVE GOODS
In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery. We will either inspect or collect the Goods on a date agreed between you and us and if after we have checked them we agree that they are faulty, we will:
9.1 provide you with a full or partial refund;
9.2 replace the Goods; or
9.3 repair the Goods.
10. DEFECTIVE INSTALLATION
In the unlikely event that the Installation does not conform with these Terms, please let us know as soon as possible after it has been carried out. We will inspect the faulty Installation on an agreed date and once we have confirmed the Installation is defective, we will:
10.1 provide you with a full or partial refund, depending on what is reasonable; or
10.2 arrange for the Installation to be re-performed.
11. SITUATIONS OR EVENTS OUTSIDE OUR CONTROL
11.1 Situations or events may occur which are not within our reasonable control. Where one of these occurs we will normally attempt to supply the Goods and carry out the Installation as soon the situation which has stopped us supplying the Goods and performing the Installation has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can supply the Goods or start or continue performing the Installation.
11.2 The following are non-exhaustive examples of events of situations which are not within in our reasonable control (“Force Majeure Event”):
11.2.1 where severe adverse weather conditions make it impossible or unsafe for us to deliver the Goods or perform any of the Installation or there is a pandemic which affects our ability to perform our services;
11.2.2 if parts or products related to the Goods are not delivered to us when expected (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
11.2.3 where you change the Goods or the Installation (and this results in, for example, us having to do further work or wait for new Goods or parts);
11.2.4 where we have to wait for other providers of installation works (who may have been engaged by you) to complete their work before we are able to perform the Installation (or the relevant part of the Installation dependant on the other provider);
11.2.5 where we cannot gain access to the Premises to carry out the Installation at the times and dates we have agreed with you;
11.2.6 where the Installation area(s) have not been prepared by you as we and you have agreed in order for us to perform the Installation,
and other unforeseen or unavoidable events or situations which are genuinely beyond our control.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. Where possible, we will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
12. PRICE AND PAYMENT
12.1 The price of the Goods will, unless otherwise agreed by us in writing, be as set out in your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
12.2 The cost of the Goods and Installation will remain an estimate until an Installation Survey has been carried out. Once an Installation Survey has been completed, we shall confirm the cost of the Goods and Installation in writing to you. We reserve the right to increase the cost (acting reasonably) at any stage should any additional or unforeseen work be required to complete the Installation.
12.3 The prices include VAT and delivery costs. If the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods and Installation in full before the change in the rate of VAT takes effect.
12.4 It is always possible that, despite our best efforts, some of the Goods we sell and Installations we offer may be incorrectly priced. If the Goods' correct price is higher than the price provided, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods or Installation to you at the incorrect (lower) price.
12.5 Payment for all Goods and Installation must be made by bank transfer or by card payment”. We shall require any payment to have cleared into our account in full before we take expected next steps. Alternatively, we can offer finance options and a finance agreement can be discussed and entered into separately, with 10% of the cost being paid by payment card.
12.6 You will need to pay for the Goods before or at the time we purchase, order or manufacture them. Due to the bespoke nature of the Goods, a deposit is required in advance as set out in clause 12.7, to cover the initial cost of manufacturing the Goods.
12.7 Unless otherwise agreed by us in writing (for example if finance arrangements are agreed), payment for the Goods and Installation shall be made by you (using the above methods) as follows:
12.7.1 a deposit of 25% of the total cost of the Goods and Installation (as set out in the Order) must be paid in advance at the time of confirming your Order;
12.7.2 50% is payable at the time of booking the installation date; and
12.7.3 25% is payable immediately after and on the same day as the Installation has been completed and can be made by online via an email link with which you will be provided or by telephone call to our office.
12.8 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
12.9 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order or postpone the continued performance of this contract until you have paid the outstanding amounts.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The copyright, design rights and all other intellectual property rights in any plans, diagrams, materials and other documents or items that we prepare or produce for you in connection with the Goods and Installation will remain with us.
13.2 You may not use the materials, documents or other items detailed in clause 13.1 for any commercial purpose.
14. TITLE AND RISK
14.1 The Goods will be your responsibility from the time of delivery.
14.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due under the contract.
15. LIMITATION OF LIABILITY
15.1 Subject to clauses 15.2 and 15.3, if we fail to comply with these Terms, we shall not be responsible for any losses that you suffer as a result, except for those losses which are a reasonably foreseeable consequence of our failure to comply with these Terms.
15.2 Subject to clause 15.3, we shall not be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
15.2.1 loss of income or revenue;
15.2.2 loss of profit;
15.2.3 loss of anticipated savings; or
15.2.4 any waste of time.
However, this clause 15.2 shall not prevent claims for reasonable foreseeable loss of, or damage to, your physical property.
15.3 Nothing in this agreement excludes or limits in any way our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Installation Act 1982;
15.3.4 defective products under the Consumer Protection Act 1987;
15.3.5 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
15.3.6 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
16. NOTICES AND COMMUNICATION
16.1 You can contact us by telephone at 01924 440009 or email at hello@montyandboosh.co.uk.
16.2 However, for important matters we suggest that you use writing and send any communications by post to Unit 2 Qbm Business Park Geldard Road, Birstall, Batley, West Yorkshire, WF17 9QD (although we do accept e-mails to the email address above).
16.3 If we wish to send you a letter or notice we will use either the postal or email address you have given in the Order. Any changes of contact details should be notified to us as soon as possible.
16.4 Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. CANCELLATION OR AMENDMENT OF YOUR ORDER
17.1 Due to the bespoke nature of the Goods, you do not have any cancellation rights in accordance with section 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, provided we have not commenced the work on the Goods in accordance with the Order, you may within 7 calendar days of placing an Order amend or cancel your Order by providing us with written notice.
17.2 After 7 calendar days from placing an Order, you will not be able to cancel the contract, except where we agree in writing (such agreement to be at our absolute discretion).
17.3 If you cancel or amend the Order and we are unable to comply with any such request without cost then you will be responsible for all costs we have reasonably incurred (including materials) in fulfilling the Order at the time we receive your written amendment or cancellation.
17.4 Where we have reasonably incurred costs, we will first deduct the amounts for which you are responsible from any deposit you have paid pursuant to clause 12.7. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit paid we may invoice you for the amount in excess of the deposit.
17.5 If you purport to cancel the contract, give notice purporting to cancel, or otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract after 7 calendar days of placing an Order, we do not have to accept your cancellation. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered as set out above.
18. DATA PROTECTION
How we use any personal data you give us is set out in our Privacy Policy that can be found on our website, [insert website address].
19. GENERAL
19.1 Except as set out at clause 8.8, you may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
19.2 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19.3 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will be classed as a waiver of such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any further default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
19.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
19.5 These Terms set out the whole of our agreement relating to the supply of the Goods and Installation to you by us. Nothing said by any salesperson, agent, employee, sub-contractor, director or other representative on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any products offered for sale by us and only a variation issued by us in writing will bind us. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
19.6 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.