Terms & Conditions | Returns Policy | Warranty information
Terms & COnditions
Definitions
• Qube Outdoor Spaces Limited: We or us.
• Customer: Any person who buys goods from us for purposes that is outside his trade, business or profession.
• Goods: All goods and services sold by us to you including packaging, manuals and any other ancillary components.
• Conditions: Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us.
The conditions that apply to your purchase of goods from us:
• The conditions in Section A apply to your purchase of goods from us whether you are a consumer or not.
• The conditions in Section B only apply to your purchase of goods from us if you are not a consumer.
Section A
Making an agreement to purchase our goods
• The market is such that the specification, colour, description and price of individual goods can change.
• The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
• Your order is an offer to us to buy the goods of the specification and description at the price indicated.
• Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated electronically and in which case there will be a concluded agreement between you and us.
• Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
• You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
Delivery of the goods
• The price of the goods does not include delivery by us to you unless otherwise stated.
• We shall arrange for carriage of the goods to your address on your behalf and the courier shall be our responsibility.
• The costs of carriage and any insurance shall be reimbursed by you and shall be due on the date for payment of the price.
• We shall advise you by e-mail of the date when the courier has collected your goods.
• Please check your items and inspect them as thoroughly as possible. For parcel deliveries please check under the packaging also. If you find any item damaged, then you must mark that item as damaged on the drivers sheet or hand held terminal. Unfortunately we cannot accept any claims for damages if the order is signed for in good condition. Please note that we cannot accept any claims if signed for unchecked. If there are any discrepancies upon delivery with your order you must contact our customer care team within 48 hours and you will be advised to supply photographic evidence
Section B
Payment and price
We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the goods have been allocated for dispatch. Time for payment shall be of the essence. The price due from you is the price indicated plus courier charge inclusive of value added tax if applicable.
Delivery
• We will try to organise the collection of the goods by our courier within the time estimated for delivery.
• If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
• If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
o We shall inform you by e-mail;
o We shall make a further offer to you by e-mail to sell you the goods of the specification and description at the delivery time stated in the e-mail and will state the period for which the offer or the price remains valid.
Your right of cancellation
The rights of cancellation set out below apply to any agreement between you and us.
• You have a right to cancel the agreement at any time before the expiry of a period of 7 working days beginning with the day after the day on which you receive the goods, unless the item is a specific size, made to measure or a none regular stock item, if refused 50% of the order or the return haulage fee will be deducted from the refund.
• You may cancel by giving us notice in any of the following ways:
o By a notice in writing which you leave at our address (given above);
o By a notice in writing which you send by post to our address (given above);
o By telephone call.
• If you cancel the agreement:
o You must return the goods to us at the address given above. We strongly recommend all goods should be returned via recorded delivery.
o The goods must be returned to us complete (please note the definition of goods given above).
o You are responsible for the cost of returning the goods to us at the address given above.
o You are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us.
o You are under a duty to take reasonable care to see that they are received by us and not damaged in transit.
o We will reimburse any sum paid by you or on your behalf under or in relation to the agreement (not including the costs of carriage).
o We will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
o We reserve the right to charge 4% of the total order value to compensate against Credit Card / Merchant Service charges absorbed by us when an order is cancelled, we may also charge 20% of the order when goods have left for delivery and have to be returned to us, you have 1 hour from delivery confirmation to cancel before charges are applied. This may be done strictly by telephone only.
Our right of cancellation
If for reasons beyond our reasonable control, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall not be liable for any other loss or damage whatever arising from such cancellation.
Cancellation of orders in transit
We reserve the right to charge 20% of the sales value or the return haulage fee charged at a rate of 60p per KG (whichever the greater) when goods have left for delivery and have to be returned to us for a refund. The above will apply and an additional charge will be levied if orders have to be redelivered, charged at a rate of 30p per KG.
Statutory rights
Your right of cancellation is in addition to your other statutory rights. The after sales service and guarantees and the voluntary code for the return of goods by you to us mentioned below do not affect your statutory rights.
Retention of title by us
• The goods shall be at your risk as from receipt of the goods. In spite of delivery having been made property in the goods shall not pass to you until:
o You have paid the price plus value added tax (if applicable) in full; and
o No other sums whatever shall be due from you to us.
o In the event that payment is received by us in full prior to delivery then title to the goods passes to you at the time of actual delivery.
• Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
• You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
• Notwithstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on your behalf and you shall deal as principal when making such sales or dealings.
• Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
• We shall be entitled to recover the price (plus value added tax) notwithstanding that property in any of the goods has not passed from us.
• Until such time as property in the goods passes from us you shall upon request deliver up to us such of the goods as have not ceased to be in existence or resold. If you fail to do so we may enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. On the making of such request your rights to sell, use or otherwise deal with the goods shall cease.
• You shall not pledge or in any way charge by way of security for any indebtedness any of the goods that are our property. Without prejudice to our other rights, if you do so all sums whatever owing by you to us shall forthwith become due and payable.
• You shall insure and keep insured the goods to the full price against ‘all risks’ to our reasonable satisfaction until the date that property in the goods passes from us, and shall whenever requested by us produce a copy of the policy of insurance. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
• You shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable
Acceptance of the goods
• You shall be deemed to have accepted the goods on receipt of delivery by the courier to your delivery address.
• After acceptance you shall not be entitled to reject goods that are not in accordance with the contract.
Rejection of the goods
If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.
Return of goods which are in accordance with the contract
• No goods delivered to you which are in accordance with the agreement and guarantees will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion.
• If we agree to accept any such goods for return you shall be liable to pay a handling charge of (25%) of the invoice price. Such goods must be returned by you to us carriage-paid and in the original packaging.
• Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
Variations in description or specification
We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
Limitations upon our liability to you
• Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
Choice of law and jurisdiction
• This contract is subject to the law of England, Scotland and Wales.
• All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England, Scotland and Wales.
• If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.
Guarantees and after sales service
• We guarantee that the goods will correspond with the stated description and specification.
• We guarantee that the goods will be of satisfactory quality when delivered to/collected by the courier.
• We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
• The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods.
• We are willing to provide advice to you in accordance with the conditions below.
• We are always prepared to offer advice about the goods and services we offer.
Voluntary code for the return of goods by you to us
• This code only applies as between you and us if you are a consumer.
• This code is intended to promote good relations between you and us.
• The code is entirely voluntary and does not affect you statutory rights.
• We recognise that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen. Examples of those reasons include a defect in the goods at the point of collection.
• We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.
• In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem.
• In any case where we agree that the problem has arisen because of a defect in the goods at the point of collection:
o We will refund the cost of the goods to you if returned within 28 days of the date of delivery to you providing the goods are unused and packaged as originally supplied.
o In any other case we will replace the goods or provide you with a credit for the cost of the goods.
• In any other case, we will try to assist you in resolving the problem.
o Depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge (to a minimum of 20%) and refund or credit the balance of the cost of the goods.
o In every case where you return goods upon the basis that there was a defect in the goods at the point of collection we will inspect and test the goods.
o Insofar as it may be established that there was no defect in the goods at the point of collection to you, we reserve the right to charge you £15 as a contribution towards the cost of inspecting and testing the goods.
o Insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you prior to dispatch. You agree to pay to us the reasonable cost of re-delivering the goods to you.
returns policy
Goods may be returned to our facility within 28-days from the date of delivery. Goods may only be returned once Qube Outdoor Spaces Limited accepted a return request via email. If the customer chooses to return goods without requesting a return, the goods may be misplaced or lost and therefore no refund will be granted.
Submitting a Return Request
In order to submit a return request, email support@qubeoutdoorspaces.co.uk , to speed up the return service we recommend adding a detailed explanation of the reason for return. Please allow for 72 hours for a response.
Restocking Fee
Any items returned within 28 days are subject to a 20% restocking fee.
28-Day Policy
Returns are accepted within 28-days from the delivery date of an order, if 28 days have passed since the delivery date, we can’t offer you a refund.
Condition of Goods
To be eligible for a return, goods must be unused and in new condition. All goods must be in the unopened, original packaging and contain all parts originally included. If goods appear used, Qube Outdoor Spaces Limited withholds the right to reject such returned goods. Any signs of use will result in the goods being rejected for a refund. Used condition includes cosmetic damage. Rejected returns will stay in our warehouse waiting for the customer to arrange a courier service to collect the goods within 28 days.
Return Shipping
Customers will be responsible for paying for their own return shipping costs. Such costs are non-refundable. All returns must include tracking and full insurance to cover any damage to the goods during transit.
Refund Time Scale
Once a return has been received and inspected, the customer will be notified via email in regards to the approval or rejection of a refund. If the refund is approved, return credit will be applied to the original method of payment, this process usually takes 5-7 days.
Statutory Rights
Your statutory rights are unaffected by this policy
Limited Warranty
PLEASE READ THIS PRODUCT WARRANTY CAREFULLY BEFORE YOU INSTALL THE PRODUCT. IN PARTICULAR, PLEASE NOTE THAT YOU MUST COMPLY WITH CERTAIN INSTRUCTIONS RELATING TO ITS INSTALLATION AND MAINTENANCE TO BE ABLE TO CLAIM UNDER THIS PRODUCT WARRANTY. YOUR ATTENTION IS ALSO PARTICULARLY DRAWN TO PARAGRAPHS 7 TO 12 RELATING TO OUR LIABILITY UNDER THIS WARRANTY.
Introduction
1. We, Qube Outdoor Spaces Limited, provide this Product Warranty. We are a limited company registered in England & Wales with number 13024988 and our registered office is at Brickies Building, Hibbert Street, Whitehill Ind. Estate, Stockport, Cheshire, United Kingdom, SK4 1NS.
2. This Product Warranty is provided to the person who purchases the Regency wood-plastic composite product (the “Product”) from one of our authorised distributors, stockists or agents, for installation in their residential home located in the UK (“you”). It is not transferable to any subsequent owner of your home.
3. For the purposes of this Product Warranty, the “Product” does not include the screws, clips and other accessories which are ancillary to the wood-plastic composite product (“Accessories”). Accordingly, this Product Warranty does not include or extend to the Accessories.
Registering your Product – IMPORTANT
4. You must register your Product with us within 45 days of buying it, otherwise you will not be able to claim through this Product Warranty in the future. You can register your products by completing and submitting the product warranty registration form by email, along with proof of purchase of the goods and some photos of your installed Product. If you do not do this within 45 days of buying your Product, you will not have the benefit of this Product Warranty in the future.
What we promise about the Product
5. We warrant to you that the Product will be free from material defect in workmanship and materials and shall not split, splinter, rot or suffer structural damage from fungal decay.
6. Please note that the Product will vary slightly in colour; this Product Warranty does not cover these variations in colour, colour fade or discolouration. The Product is expected to weather naturally for its first full seasonal cycle before the colour pigments stabilise.
Warranty period
7. This Product Warranty shall be valid for 15 years from the date that you purchase the Product, if the Product is from the Regency range.
What we will do if you have a claim under this warranty
8. Our liability for breach of the warranty at paragraph 2 above shall be to replace a proportion of the Product, the size of that proportion depending upon when you claim, as follows:
Regency Range
5 years or less 100%
More than 5 years, but 8 years or less 80%
More than 8 years, but 10 years or less 60%
More than 10 years, but 10 years or less 40%
More than 12 years, but 15 years or less 20%
9. We will not be responsible for any costs or expenses incurred with respect to the removal of any or all the defective Product or the installation of the replacement product and materials, including but not limited to the cost of labour, haulage and freight.
10. Paragraph 8 sets out our entire liability for failure of the Product to meet this warranty. You shall only be entitled to a replacement of the whole or part of the Product, not a refund.
11. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
• losses that: – were not foreseeable to you and us when you bought the Product; or – that were not caused by any breach on our part;
• business losses; and
• losses to non-consumers.
12. In no circumstances shall our liability under this Product Warranty exceed the replacement value of the defective part of the product.
Exclusions
13. You are not entitled to claim under this Product Warranty if any one or more of the following apply:
• You do not register your Product with us within 45 days of buying it, as explained in paragraph 4.
• You do not comply with the instructions and/or guidelines which are supplied with the Product or are available on our website (www.qubeoutdoorspaces.co.uk) or any other instructions or guidance provided to you by us, the manufacturer, a reseller or the outlet from which you purchased the Product. This includes, but is not limited to, there being improper spacing between joists and/or insufficient gaps between boards and not providing a sufficient gradient for water runoff and drainage.
• Your use of the Product is considered by us (acting reasonably) to be beyond normal use and/or service conditions.
• Your use of the Product is not recommended by us or UK building codes and practices.
• The Product has suffered damage caused by an Act of God (such as flooding, hurricanes or earthquakes) or war.
• Your claim relates to staining of the Product by foreign substances such as oil, fat, grease, chemicals or any other substance introduced to the Product or caused by organic matter such as mildew that’s been allowed to grow on the product.
• Your claim relates to normal weathering of the Product, including but not limited to that caused by exposure to sunlight, weather and atmosphere, each of which may cause the coloured surface to fade.
• The Product has been improperly handled or stored, or abused or neglected. The product must be stored on a flat solid surface. The product should not be stored on rack or rail systems.
• The Product has been modified or otherwise treated in a manner not intended by us, including but not limited to mitre and bevel cuts and routing.
• Your Product has suffered decay caused by metal fasteners.
• Your claim relates to ordinary wear and tear of the Product including but not limited to scratching and gouging.
• You have wilfully neglected the Product.
• The Product has been damaged by animals including but not limited to pets, wildlife and vermin.
• The Product has been installed on land or a supporting structure that is not stable, moves, collapses or is susceptible to distortion or land subsidence.
• You have not paid for the Product in full.
• The Product has been installed outside of the UK.
Making a claim
14. If you have a claim under this Product Warranty you must report to the company/retailer the product was purchased within 30 days of the date that you discover the fault with the Product, and in any event no later than the end of the Warranty Period referred to in paragraph 7 above.
15. You will be required to complete a form and your claim must include the following:
• original proof of purchase of the Product
• detailed statement explaining the defect
• date of installation
• address of installation
• company name and address of installers of the Product
• photographs of defect
• photographs of the installation
• photographs of the failed Product in situ
16. We may request further information from you and/or ask to visit your home to view the Product and assess it further. After reviewing all information, we will tell you whether the fault falls within the scope of this Product Warranty. If it does, we will make arrangements with you to provide the relevant replacement.
Governing law and jurisdiction
17. This Guarantee is governed by and interpreted in accordance with the laws of England and Wales. The relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Product Warranty.
Your legal rights
18. You have legal rights in relation to the Product (such as under the Consumer Rights Act 2015) which are also known as ‘statutory rights’, and these are not affected by this Product Warranty.