These terms and conditions shall apply to all transactions conducted via the Chicubes website, via email with Chicubes, over the telephone, by text message and WhatsApp, by post with Chicubes or through facebook or any other social media platform. Please read them carefully before placing your order and print a copy for future reference. Please note that in these terms and conditions “you”, “your”, “yours” and “yourself” are references to any person ordering goods from the website, and “we”, “our” and “ours” are references to Chicubes.
Notification of changes
We may change these terms and conditions from time to time without notice. Any changes will apply to subsequent orders.
DATA PROTECTION
In addition to the Supplier safeguards the Customers personal data is protected in the UK by the Data Protection Act. This provides amongst other things that the data the Supplier holdS about the Customer should be processed lawfully and fairly. It should be accurate, relevant and not excessive.
The information should be kept up to date, where necessary and not retained for longer than is necessary. It should be kept securely to prevent unauthorised access by other people. The Customer has the right to see what is held about them and correct any inaccuracies.
Order procedure
It is your responsibility to ensure that all details of any order are complete and accurate.
Placing an order
Each order shall be an offer by you to purchase goods subject to these terms and conditions. We will not be bound to supply any goods ordered until we have notified you of our acceptance of an order. We are entitled to reject any order and will notify you of any such rejection.
Delivery
Goods will normally be delivered within 30 days of us accepting your order. We will contact you if delivery is likely to be delayed beyond these periods. We will not be liable for any loss or damage suffered by you through any delay in delivery, including where there is any delay in delivery made by a third party courier. In this case, we will inform you as soon as possible. We run a queue system in our manufacturing schedule, as soon as an order has been accepted it will be allocated into our manufacturing schedule and will be manufactured and be available for collection or delivery as soo as possible.
Access
The Supplier requires access roads to the Customer site to be at minimum large enough for a long-wheel based vehicle. Deliveries may be made using articulated lorries via courier or private courier. Any vehicle access restrictions must be supplied to Chicubes on placing any order. Failed delivery or re-delivery costs due to access restrictions will need to be paid for by the customer.
The Supplier requires full and unrestricted access to and around the installation to allow access for assembly work to be undertaken. This access includes a minimum of 60cm around the base for safe working. A height clearance of at least 3m is required for all installations, unless specifically agreed with Chicubes in writing.
The Customer shall ensure that a clear and safe passage is made available from the road to the Work Space, with no debris or other obstacles blocking the route. For installation work carried out by Chicubes an agreed distance between vehicle access and site location shall be supplied by the customer and agreed by Chicubes if this distance exceeds 50m. Additional charges for installation may be incurred for distances in excess of this.
The supplier’s proposal does not include removal or alteration of building fabric, trees or bushes in order to gain access to complete the installation work.
The Supplier will not carry through garages, domestic buildings, over fences or areas with height restrictions without specific written agreement.
If the Customer fails to inform the Supplier of these restrictions before delivery this will result in cancellation of the order and any monies paid will not be refunded.
Any return visits or extra time incurred by the Supplier on site due to restricted access will be at extra cost to the Customer.
The Supplier aims to be on site from between 7.30am to 12pm onwards on each day of the installation depending on site location. If there are any restricted working hours and/or quiet times to be observed, the Customer shall inform the Supplier prior to the Supplier scheduling installation dates.
The Supplier works Monday to Thursday from 7.30am to 4.00pm including a 20 minute rest break and a 30 minute lunch break excluding bank holidays and other Public holidays.
Postage and Packing
Unless otherwise stated, postage and packing shall be charged in addition to the price of the goods themselves and will vary according to the delivery address, weight and size of the goods ordered, and the method of postage preferred. Delivery may be in assembled or flat pack form depending on the product ordered. Our standard delivery charges cover delivery within a 150 mile radius, please contact us for delivery prices outside this area, we do deliver nation wide and can ship overseas. More information on the postage and packaging options may be found on the website.
Payment
Full payment for any goods ordered must be made by credit or debit card in advance of delivery. All charges will be made in UK pounds sterling and payments made from other currencies will be subject to your card issuers exchange rates.
Payment of the price shall be in the manner specified in the Proposal.
All goods remain the property of the company until paid for in full. A minimum 35% initial payment is required upon placement of order for all standard products, a 35% minimum deposit is required on all bespoke orders before manufacturing can commence. The balance of the payment is due in accordance with the agreed payment plan and certainly by the day of installation. Any agreed payment terms relating to individual orders that are broken by the consumer may result in a delay in manufacturing the order.
Payment for the goods and delivery charges may be paid for by Visa, Visa Debit and Mastercard as show on the Suppliers website or by agreed bank transfer.
Where Suppliers delivery personnel are delayed prior to starting the job due to payment issues or any other reason caused by the customer, the Supplier reserves the right to charge for the delay time incurred.
Any outstanding balances will be deducted from debit or credit cards on the day of delivery. The Supplier reserves the right to dismantle and remove any buildings not paid for in full. The customer must allow full access to the site for this purpose and will be notified in writing of this intent.
The Supplier reserves the right to suspend performance of any of its obligations under any Contract while a Customer’s account remains overdue for payment. Interest will be charged at 5% per month, or part thereof, on all overdue payments.
Availability
All goods are advertised for sale subject to availability. In the event of us being unable to supply the goods ordered, we will inform you as soon as possible. Where goods are unavailable for any reason, we may propose to provide you with substitute goods of equivalent quality and price. Should any goods ordered not be available or any substitute goods not be to your reasonable satisfaction, we ask that you return the goods to us at your expense.
GENERAL OBLIGATIONS OF THE CUSTOMER
Installation
Prior to Commencement the Customer shall:
Confirm that the Installation area is in a safe condition for the Supplier to proceed and that adequate lighting is provided. Should the Supplier’s employees feel at any point endangered or at risk by unsafe working practices or procedures on site they will stop work until the situation is rectified, and may leave the site until they feel it is safe to return. The Supplier will not be financially penalised for any down time as a result.
Confirm that adequate Work Space and Welfare Facilities will be available for the Supplier on site as stated in the Definitions.
Confirm that all children and animals will be kept out of the Work Space for the duration of the installation.
Ensure that any Planning Permissions are in place. The Supplier will not accept responsibility for any failure on the part of the Customer for not receiving planning permission prior to any installation.
Make the Supplier aware if the site the Supplier is undertaking works on requires CSCS certification prior to arrival.
Make available any parking permits/vouchers required for the property address or road in advance, otherwise parking shall be charged extra.
Confirm the base is clear and conforms to the correct size, slope and flatness requirements. Note that the site base is required to be a minimum of 30cm larger than the total size of the installation and is recommended to be of concrete or slab construction. The Supplier will not be held responsible for any defects or damage caused by an unsatisfactory base and reserves the right to refuse to install if the base does not meet the required standard. The Supplier will not make good any Customer base or fixture utilised during Supplier installation work.
The Suppliers installation can withstand gusting winds if secured correctly onto a suitable base. The Supplier accepts no responsibility for structural integrity due to storm damage.
The Customer is responsible for fitting and connection of any heaters or extractors or any other electrical items to mains electricity unless otherwise explicitly agreed in writing.
The Customer is responsible for disposal of packaging and other waste.
Any return visits or extra time incurred by the Supplier on site due to inability to complete the installation due to the Suppliers requirement not being met will be at extra cost to the Customer.
Specification
Sometimes product specifications change. In this event, we will do our best to provide a substitute of the same or better specifications at the same price. If you do not wish to accept this substitution, you may return it to us at our expense for a full refund of the purchase price.
Colours, Sizes and Measurements
All colours, sizes and measurements shown on the website are approximate.
COPYRIGHT AND INTELLECTUAL PROPERTY
The copyright in the contents of the website belongs to the Supplier with the exception of third party contributors listed within the website (who retain their own full copyright). Even where no statement is made as to copyright, it should not be assumed that the material is not copyright protected.
Intellectual property (including names, trademarks and logos) belonging to the Supplier and others appearing on the website, are to be respected and may not be used without the prior written consent of the intellectual property owners. All copyright and trademark notices, marks and disclaimers must be preserved and upheld at all times.
DESCRIPTION OF THE GOODS
The description and price of the goods the Customer orders will be as stated on the Suppliers web site/proposal at the time the Customer places the order
The goods are subject to availability. If on receipt of their order the goods the Customer has ordered are not available in stock, the Supplier will inform the Customer as soon as possible.
The Supplier may modify specifications provided the modifications do not adversely affect the performance of the Products. In addition, the Supplier may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by government authority, or non-availability of materials from its suppliers.
All descriptions, illustrations and any other information relating to the Products contained in the Supplier’s catalogues, brochures, price lists, advertising material and any sales or other particulars or literature are made by way of general description, are approximate only and for the general guidance and information of the Customer. They shall not constitute warranties or representations by the Supplier nor shall they form part of any Contract.
Plastic is a man-made product and is susceptible to expansion, contraction and subject to condensation in certain conditions and the Supplier cannot be held responsible for movement of panels, environmental or any other effects after erection.
If the Goods are made to the Customers pattern, drawing or specification, the Customer agrees to indemnify the Supplier against any loss in respect of any proceedings or otherwise resulting from any letters patent, copyright, registered designs, registered trademarks or any other protection subsisting in favour of any third party in any pattern, drawing or specification.
Pricing
We try to ensure that the prices indicated on the website are up to date and accurate. However, we accept no liability for any errors and omissions and the final price of goods is the price in force at the time of us accepting your order. If a product has been listed at a lower price by mistake and you have ordered that product, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price or to cancel it. If we are unable to contact you we will treat the order as cancelled. If you cancel and have already paid for the goods, a full refund will be issued.
Refund Policy
All goods are delivered with an unconditional 28-day money back guarantee in addition to your rights under the Consumer Protection (Distance Selling) Regulations 2000. In order to return goods under your money back guarantee, you must email us at sales@chicubes.co.uk or write to us within 28 days of delivery of the goods, and you must arrange for and pay the cost of returning the goods to us (alternatively, contact us and we can quote you for collection of the goods). We will refund the sums paid for the goods delivered to you as soon as possible, but in any event within 30 days of you giving notice to us of your intention to return the goods. If so requested, we may collect the goods being returned but the cost of collection will be charged to you and may be deducted from any refund given.
CANCELLATION POLICY
Orders for Products accepted by the Supplier may be cancelled or rescheduled by the Customer only with the written consent of the Supplier (which consent the Supplier may withhold for any reason) and the Customer shall indemnify the Supplier against the cost of all labour and materials used in connection with the order so cancelled or varied and against all loss, damage cost, charges and expenses suffered or incurred by the Supplier as a result of that cancellation or variation.
Save as regards bespoke items, the Customer has the right to cancel the contract (Distance selling / Cooling off period) at any time up to the end of 14 working days after acceptance of order. A working day is any day other than weekends and bank or other public holidays. However, payment refunds cannot be guaranteed after manufacture has commenced. If a deposit is paid on placing and order a maximum of 35% of the value of the total order maybe withheld as a cancellation fee. If full payment is paid on placing and order a maximum of 35% of the value of the total order maybe withheld as a cancellation fee. The Supplier will consider each case individually on whether part or full deposit or payment payment can/will be refunded. Where a bespoke product has been ordered the Supplier will be unable to refund any payments made by the Customer.
To exercise their right of cancellation the Customer must give written notice to the Supplier by post or email, at the address, or email address shown on the order confirmation, giving details of the goods ordered and (where appropriate) their delivery.
Once the Customer has notified the Supplier that they are cancelling the contract and the cancellation is accepted, the Supplier will refund or re-credit the Customer within 30 days for any sum that has been paid by the Customer or debited from their credit card for the goods.
FORCE MAJEURE
The Supplier shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the customer obligations in relation to the goods. If the delay or failure was due to an “Act of God”, war, strikes, lock-outs, pandemics, fire or any other cause beyond their control, or owing to difficulty arising from procurement of materials. In these circumstances, the Customer will accept any appropriate increased costs, which will be notified to the Customer at the earliest date.
Faulty Damaged Goods
If goods are found to be faulty or damaged upon delivery or not of satisfactory quality, please contact Chicubes within seven working days of receipt of the goods. We will, at our option, deliver replacement goods or refund the price paid.
Warranties
The Suppler warrants to the Customer that the Goods will be of satisfactory quality and correspond with the specification to the extent that current manufacturing techniques permit.
The Supplier warrants that all Goods shall be free from defects in material and workmanship under normal use for a period of one year from delivery. This warranty does not affect the Customers statutory rights.
The Supplier warrants that it shall perform the Services substantially in accordance with the Proposal and with reasonable skill and care.
The Customer shall be responsible for determining that the Goods are suitable for the Customer’s use and that such use complies with any applicable law.
This warranty does not apply to any damage arising from fair wear and tear or failure to maintain them in good condition, wilful damage, misuse, accident or negligence by you or any third party or use otherwise than as recommended by the Supplier, failure to follow the Suppliers installation or other instructions, any alteration or repair carried out without the Suppliers approval, or any destruction caused by any animal or by adverse weather conditions. Sometimes condensation may occur on Plastic surfaces due to their non-absorbent properties.
Provided that the Customer notifies the Supplier in writing of any claimed defect in the Goods no later than three days after discovery and any such Goods are returned at the Customer’s risk to the Supplier, transportation charges prepaid, after first obtaining authorisation from the Supplier, within one year from date of delivery and upon examination the Supplier determines to its satisfaction, after a reasonable period to inspect such Goods, that such Goods are defective in material or workmanship, the Supplier shall, at its option, repair or replace the Goods, shipment to the Customer prepaid.
No Warranty claim can be accepted in respect to any goods unless and until they are returned to the Supplier for inspection or any requested photographic proof is provided.
The Supplier shall have a reasonable time to make such repairs or to replace such Goods. Any repair or replacement of Goods shall not extend the period of warranty.
This warranty is limited to a period of one year, without regard to whether any claimed defects were discoverable or latent on delivery.
In the event that the Customer would be entitled to damages against the Supplier for any breach of Warranty the Supplier shall not be liable to pay damages but shall (subject to conditions above) in their sole discretion either repair the goods at their own expense or supply replacement goods free of charge or refund all (or where appropriate part) of the price paid for the relevant goods. This clause does not affect the Customers statutory rights as a consumer.
The Installation is provided with a 6 month warranty against faulty assembly by the Suppliers fitters. If fixtures become faulty within the 6-month period they will be replaced. This Warranty does not cover acts of nature including damages caused by strong winds and gales; therefore, the Supplier recommends that the Installation should be covered by the Customers insurance policy.
In the case of the Customer performing an installation it is their responsibility and decision to use their own fixings where appropriate. Note that the Warranty is invalid if the Installation has been customised or completed incorrectly or modified in any way or the person claiming is not the original purchaser of the Installation.
GOVERNING LAW
These Terms and Conditions and any Contract between the Supplier and the Customerfor the supply of the goods and installation services will be subject to English Law, and the English Courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish Courts.
Returns
All goods which you intend to return must be kept in good condition whilst in your possession.
Our Details
Goods supplied from the Chicubes website are supplied by:
Chicubes
Brook Works,
Brook street,
Brownlees,
ST8 6PF
Email: sales@chicubes.co.uk
Note
These terms and conditions shall constitute the entire agreement between the parties. No variation of these terms and conditions shall be valid unless it is in writing and signed by the parties.