Terms and Conditions

Website Terms and Conditions of Sale

This page, together with our Privacy Policy, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 09/04/2020.

These Terms, and any Contract between us, are only in the English language.

  • 1. INFORMATION ABOUT US

    • 1.1. We operate the website www.framingunlimited.co.uk. We are Framing Unlimited, a sole trading business.
    • 1.2. To contact us, please see our Contact Us page.
  • 2. OUR PRODUCTS

    • 2.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
    • 2.2. The packaging of the Products may vary from that shown on images on our site.
    • 2.3. All Products shown on our site are subject to availability. We will inform you by telephone or email as soon as possible if the Product you have ordered is not available.
  • 3. USE OF OUR SITE

    • Your use of our site is governed by these Website Terms and Conditions of Sale. Please take the time to read these, as they include important terms which apply to you.
  • 4. HOW WE USE YOUR PERSONAL INFORMATION

    • We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important information which applies to you.
  • 5. IF YOU ARE A CONSUMER

    • This clause 5 only applies if you are a consumer.

    • 5.1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
    • 5.2. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  • 6. IF YOU ARE A BUSINESS CUSTOMER

    • This clause 6 only applies if you are a business.

    • 6.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
    • 6.2. These Website Terms and Conditions of Sale and any Privacy Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy.
  • 7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

    • 7.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
    • 7.2. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
    • 7.3. The Contract between us will only be formed when we send you confirmation. At this stage your order status will be “on Hold” If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by telephone or email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
  • 8. OUR RIGHT TO VARY THESE TERMS

    • 8.1. We may revise these Terms from time to time under the following circumstances:
      • 8.1.1. changes in how we accept payment from you;
      • 8.1.2. changes in relevant laws and regulatory requirements; and OR
      • 8.1.3. other circumstances.
    • 8.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
    • 8.3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
  • 9. YOUR CONSUMER RIGHT OF RETURN AND REFUND

    • 9.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens Advice Bureau or Trading Standards office.
    • 9.2. However, this cancellation right does not apply in the case of:
      • 9.2.1. any made-to-measure or custom-made products OR products made to your specification or clearly personalised.
    • 9.3. Your legal right to cancel a Contract starts from the date of despatch (date the invoice is generated), which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
    • 9.4. If you would like to cancel an order before the Contract is formed, please contact us by email to [email protected] or by calling 0191 9084427. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
    • 9.5. To cancel a Contract, please contact us in writing to tell us by sending an email to [email protected] or by sending a letter to Framing Unlimited, Unit 1a, Drum Ind Est, Chester-le-Street, Co. Durham. DH21SS. Or please contact us on 0191 9084427. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
    • 9.6. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If you returned the Products to us because they were faulty or misdescribed, please see clause 9.7.
    • 9.7. If you have returned the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of a defective Product in full together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
    • 9.8. We refund you in the way you paid for the product.
    • 9.9. If the Products were delivered to you:
      • 9.9.1. you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
      • 9.9.2. unless the Products are faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We charge £8.80 per parcel. Goods must be returned in suitable protective packaging if original packaging is not available. We reserve the right to charge upto 15% restocking fee.
      • 9.9.3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
    • 9.10. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
  • 10. DELIVERY AND HANDLING

    • Framing Unlimited will endeavour to advise all clients of delivery charges and duties when necessary. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
    • 10.1. Delivery will be completed when we deliver the Products to the address you gave us.
    • 10.2. If no one is available at the address to take delivery, our delivery agents may try to redeliver at another time and we reserve the right to charge a redelivery fee as charged by our delivery agents.
    • 10.3. The Products will be your responsibility from the completion of delivery. If you do not receive the Products within 7 days of ordering, please contact us. If Products are delivered damaged or with part of the contents missing, please note this when signing the delivery note or delivery agent’s electronic device with word ‘damaged’ and please contact us within 5 days to let us know about the damaged or missing Products.
    • 10.4. You own the Products once we have received payment in full, including all applicable delivery charges.
  • 11. PRICE OF PRODUCTS AND DELIVERY CHARGES

    • 11.1. The prices of the Products will be as quoted on our site. We take all reasonable care to ensure that the prices of Products are correct when the relevant information was entered onto the system.
    • 11.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
    • 11.3. No minimum order.
    • 11.4. The price of each product on our site includes delivery charges.
  • 12. HOW TO PAY

      • 12.1. Payment to be made by PayPal or direct bank transfer.
      • 12.2. Payment to be made at time of purchase.
  • 13. MANUFACTURER GUARANTEES

      • 13.1. Some of the Products we sell to you come with a manufacturer’s guarantee.
      • 13.2. If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
  • 14. OUR WARRANTY FOR THE PRODUCTS

      • 14.1. For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
      • 14.2. The warranty in clause 14.1 does not apply to any defect in the Products arising from:
        • 14.2.1. fair wear and tear;
        • 14.2.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
        • 14.2.3. if you fail to operate or use the Products in accordance with the user instructions;
        • 14.2.4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
        • 14.2.5. any specification provided by you.
      • 14.3. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
  • 15. OUR LIABILITY IF YOU ARE A BUSINESS

      • This clause 15 only applies if you are a business customer.

      • 15.1. Nothing in these Terms limit or exclude our liability for:
        • 15.1.1. death or personal injury caused by our negligence;
        • 15.1.2. fraud or fraudulent misrepresentation;
        • 15.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
        • 15.1.4. defective products under the Consumer Protection Act 1987.
      • 15.2. Subject to clause 15.1, we will under no circumstances whatever 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:
        • 15.2.1. any loss of profits, sales, business, or revenue;
        • 15.2.2. loss or corruption of data, information or software;
        • 15.2.3. loss of business opportunity;
        • 15.2.4. loss of anticipated savings;
        • 15.2.5. loss of goodwill; or
        • 15.2.6. any indirect or consequential loss.
      • 15.3. Subject to clause 15.1. and clause 15.2. our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
      • 15.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 Products are suitable for your purposes.
  • 16. OUR LIABILITY IF YOU ARE A CONSUMER

      • This clause 16 only applies if you are a consumer.

      • 16.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
      • 16.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      • 16.3. We do not in any way exclude or limit our liability for:
        • 16.3.1. death or personal injury caused by our negligence;
        • 16.3.2. fraud or fraudulent misrepresentation;
        • 16.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
        • 16.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
        • 16.3.5. defective products under the Consumer Protection
          Act 1987.
  • 17. EVENTS OUTSIDE OUR CONTROL

      • 17.1. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
      • 17.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      • 17.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
        • 17.3.1. we will contact you as soon as reasonably possible to notify you; and
        • 17.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  • 18. COMMUNICATIONS BETWEEN US

      • 18.1. When we refer, in these Terms, to ‘in writing’, this will include email.
      • 18.2. If you are a consumer:
        • 18.2.1. To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an email to [email protected]
        • or by sending a letter to Framing Unlimited, Unit 1a, Drum Industrial Estate, Chester-le-Street, Co. Durham. DH21SS. or please contact 0191 9084427. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
        • 18.2.2. If you wish to contact us in writing for any other reason, you can send this to us by email to [email protected] or by pre-paid post to Framing Unlimited, Unit 1a, Drum Industrial Estate, Chester-le-Street, Co. Durham. DH21SS.You can always contact us on 0191 9084427.
      • 18.3. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
      • 19.4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  • 19. OTHER IMPORTANT TERMS

      • 19.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
      • 19.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
      • 19.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
      • 19.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
      • 19.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
      • 19.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
      • 19.7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

  •            20. GDPR (GENERAL DATA PROTECTION REGULATION

 

    • 20.1. Data Controller:
      Framing Unlimited processes personal data as a controller as defined in the directive of 1998 and in the new GDPR (General Data Protection Regulation) which is effective from 25th May 2018.
    • 20.2. Contact info for data controller
      You can contact us at any time to:

      • 20.2.1 Request access to information that Framing Unlimited has about you.
      • 20.2.2 Correct any information that Framing Unlimited has about you.
      • 20.2.3 Delete information that Framing Unlimited has about you.
    • 20.3. If you have any additional questions about Framing Unlimited’s collection and storage of data, please contact us at: Framing Unlimited, Unit 1a, Drum Industrial Estate, Chester-le-Street, Co. Durham. DH21SS.We will fulfil your request electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge and administration fee.
    • 20.4. Visiting our site: You can view our website without giving any personal information. Framing Unlimited uses Google Analytics and Cookies to improve our service and user experience, and to analyse how the website is used. Apart from the approximate location (IP address), the information collected by Google Analytics is mostly anonymous traffic data including device information, language and browser information.
    • 20.5. The collected information is used to provide an overview of how users are accessing and using the Framing Unlimited website. It is not used for additional purposes such as profiling those who access our website.
      • 20.5.1 Collection of user data:
        In order to register on our site and to place orders, we require you to provide your email address, company name, address, contact name, phone number and other relevant data.
      • 20.5.2 Intended use of personal data:
        The information is used by Framing Unlimited to identify you and provide you with support, mailings, sales and marketing, billing and to meet contractual obligations. If you choose to withhold any personal data requested by us, it may not be possible for you to gain access to our site and for us to respond to your queries.
      • 20.5.3 In order to process your personal data obtained on the website and to complete financial transactions, we use trusted and authorised secure third-party websites. We will also share address and contact information with our delivery partners in order to fulfil our delivery obligations. We will not share this information with any other third parties unless we have your permission or are required by law to do so.