1. These terms
1.1 These are the terms and conditions on which we supply product(s)and/or services to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how
we will provide product(s) and/or services to you, how you and we may change or end the contract, what to
do if there is a problem and other important information. If you think that there is a mistake in these terms or
require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 We are Alexander Ellis ltd a company registered England and Wales. Our company registration number is
7669397 and our address is Units 1-3 Tokenspire Business Park, Hull Road, Woodmansey HU17 0TB. Our
registered VAT number is 118 9479 73
2.2 You can contact us by telephoning our customer service team at 01482 870001 or by writing to us at
sales.alexanderellis@gmail.com via email, or Units 1-3 Tokenspire Business Park, Woodmansey HU17 0TB by
post
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal
address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with the
product(s) and/or services at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product(s)
and/or services. This might be because the product(s) is out of stock, because we have identified an error in
the price or description of the product(s) and/or services, because we are unable to meet a delivery deadline
you have specified or because of unexpected limits on our resources which we could not reasonably plan for.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help
us if you can tell us the order number whenever you contact us about your order.
3.4 Our brochure and website are solely for promotion of our products and services in the
UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our product(s)
4.1 The images of the product(s) in our brochure are for illustrative purposes only. Although we have made every
effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the
printed pictures in our brochure accurately reflects the colour of the product(s). Your product(s) may vary
slightly from those images.
4.2 If we are making the product(s) to measurements you have given us you are responsible for ensuring that
these measurements are correct. You can find information and tips on how to measure in our brochure or on
our website, or by contacting us.
5. Your rights to make changes
If you wish to make a change to the product(s) and/or services you have ordered please contact us. We will let you
know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s)
and/or services, the timing for delivery or anything else which would be necessary as a result of your requested
change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 We may change the product(s) and/or services to reflect changes in relevant laws and regulatory
requirements and to implement minor technical adjustments and improvements. These changes will not affect
your use of the product(s) and/or services.
6.2 In addition, we may make changes to these terms or the product(s) and/or services, but if we do so we will
notify you and you may then contact us to end the contract and receive a full refund before the changes take
effect.
7. Providing the product(s)
7.1 The costs of delivery and installation will be as told to you during the order process.
7.2 During the order process we will let you know when we will provide the product(s) to you
7.2.1 If the product(s) is one-off purchase (rather than a subscription) we will deliver it to you and install it
as soon as possible. We will contact you with an estimated delivery and installation date.
7.2.2 We will deliver the product(s) to you within the lead time quoted on your order until either you end
the contract as described in clause 9 or we end the contract by written notice to you as described in
clause 10.
7.3 We are not responsible for delays outside our control. If our delivery or installation of the product(s) is
delayed by an event outside our control then we will contact you as soon as possible to let you know and we
will take steps to minimise the effect of the delay.
7.4 If you have asked to collect the product(s) from our premises, you can collect the product(s) from us at any
time during our working hours of 9am until 5pm on weekdays and between 9am and 5pm on Saturdays, and
between 10am and 4pm on Sundays.
7.5 If no one is available at your address to take delivery and the product(s) cannot be posted through your
letterbox, we will leave you a note informing you of how to re-arrange delivery.
7.6 If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-
arrange delivery or collect them from a delivery depot we will contact you for further instructions and may
charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable
to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
7.7 If you have asked us to install the product(s) for you and you do not allow us access to your property as
arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as
a result, If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your
property we may end the contract and clause 10 will apply.
7.8 You have legal rights if we deliver any product(s) late. If we miss the delivery deadline for any product(s)
then you may treat the contract as at an end straight away if any of the following apply:
7.8.1 We have refused to deliver the product(s);
7.8.2 Delivery within the delivery deadline was essential (taking into account all the relevant
circumstances); or
7.8.3 You told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 If the reasons above do not apply or you do not wish to cancel the contract as, you can give us a new
deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not
meet the new deadline.
7.10 If you do choose to treat the contract as at an end for late delivery under clause 7.8, you can cancel your
order for any of the product(s) or reject products that have been delivered. If you wish, you can reject or
cancel the order for some of those product(s) (not all of them), unless splitting them up would significantly
reduce their value. After that we will refund any sums you have paid to us for the cancelled product(s) and
their delivery. If the product(s) have been delivered to you, you will have to return them to us or allow us to
collect them, and we will pay the costs of this.
7.11 The product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us
or you collect it from us.
7.12 You own the product(s) once we have received payment in full.
7.13 We may need certain information from you so that we can supply the product(s) and install them for you. If
so, this will have been stated in the description of the product(s) in our brochure or on our website. We will
contact you to ask for this information. If you do not give us this information within a reasonable time of us
asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause
1 0 ) or make an additional charge of a reasonable sum to compensate us for any extra work that is required
as a result. We will not be responsible for supplying or installing the product(s) late or not supplying or
installing any part of them if this is caused by you not giving us the information we need within a reasonable
time of us asking for it.
7.14 We may have to suspend the supply of a product(s) to:
7.14.1 Deal with technical problems or make minor technical changes;
7.14.2 Update the product(s) to reflect changes in relevant laws and regulatory requirements;
7.14.3 Make changes to the product(s) as requested by you or notified by us to you (see clauses 5 and 6).
7.15 We will contact you in advance to tell you we will be suspending supply of the product(s), unless the problem
is urgent or an emergency. If we have to suspend the product(s) for longer than 3 months from the
estimated delivery date given to you on your order form, you may contact us to end the contract. In such
case we will refund any sums you have paid in advance for the product(s) in respect of the period after you
end the contract.
7.16 If you do not pay us for the product(s) when you are supposed to (see clause 12.4) and you still do not make
payment within 7 days of us reminding you that payment is due, we may suspend supply of the product(s)
until you have paid us the outstanding amounts. As well as suspending the product(s) we can also charge you
interest on your overdue payments (see clause 12.6).
8. Providing the services
8.1 We will supply the services to you from [the date set out in the order OR the date we accept your order]. The
estimated completion date for the services is as told to you during the order process.
8.2 If our performance of the services is affected by an event outside our control then we will contact you as
soon as possible to let you know and we will take steps to minimise the effect of the delay.
8.3 If you have asked us to provide the services to you at your property and you do not allow us access to your
property as arranged (and you do not have a good reason for this) we may charge you additional costs
incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange
access to your property we may end the contract and clause 10 will apply.
8.4 We may need certain information from you so that we can provide the services to you. We will contact you to
ask for this information. If you do not provide us with this information, within a reasonable time of us asking
for it, or you provide us with incomplete or incorrect information, we may either end the contract (see clause
10) or make an additional charge of a reasonable sum to compensate us for any extra work that is required
as a result. We will not be responsible for providing the services late or not providing any part of them if this
is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.5 We may have to suspend the services to:
8.5.1 deal with technical problems or make minor technical changes;
8.5.2 update the services to reflect changes in relevant laws and regulatory requirements;
8.5.3 make changes to the services as requested by you or notified by us to you (see clauses 5 and 6).
8.6 We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or
an emergency. If we have to suspend the services for longer than 3 months you may contact us to end the
contract if we suspend the services and we will refund any sums you have paid in advance for services not
provided to you.
8.7 If you do not pay us for the services when you are supposed to (see clause 12.5) and you still do not make
payment within 7 days of us reminding you that payment is due, we may suspend supply of the product(s)
until you have paid us the outstanding amounts.
9. Your rights to end the contract
9.1 You may contact us to end your contract for product(s) at any time before we have delivered it/them and you
have paid for it/them, but in some circumstances we may charge you for doing this, as described below. Of
course, you always have rights where product(s) and/or services are faulty or miss-described (see clause 11).
You may also contact us at any time to end the contract for the services, but in some circumstances we may
charge you certain sums for doing so, as described below.
9.2 If you are ending the contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately
and we will refund you in full for any product(s) and/or which have not been provided or have not been
provided properly and you may also be entitled to further compensation. The reasons are:
9.2.1 We have told you about an upcoming change to the product(s) and/or services or these terms which
you do not agree to (see clause 6.2);
9.2.2 We have told you about an error in the price or description of the product(s) and/or services you
have ordered and you do not wish to proceed;
9.2.3 There is a risk that supply of the product(s) and/or services may be significantly delayed because of
events outside our control;
9.2.4 We have suspended supply of the product(s) and/or services for technical reasons, or we notify you
that we are going to suspend them for technical reasons, in each case for a period of more than 3
months; or
9.2.5 You have a legal right to end the contract because of something we have done wrong.
9.3 If you are not ending the contract for one of the reasons set out in clause 9.2, then the contract will end
immediately and we will refund any sums paid by you for product(s) and/or services not provided but we may
deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending
the contract.
9.4 If you end the contract after product(s) have been dispatched to you and (because we cannot recall them)
they are delivered to you, you must return them to us. If you are ending the contract for one of the reasons
specified in clause 9.2 above, or because you are exercising your legal rights to end the contract because of
something we have done wrong then we will pay the costs of return. In all other circumstances you must pay
the costs of return.
10. Our rights to end the contract
10.1 We may end the contract for a product(s) at any time by writing to you if:
10.1.1 We are unable to collect payment from you when it is due and you still do not make payment within 7
days of us reminding you that payment is due;
10.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary
for us to provide the product(s) and/or services; or
10.1.3 You do not, within a reasonable time, allow us to deliver the product(s) or collect them from us
and/or give us access to your property to provide the services to you.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in
advance for product(s) and/or services we have not provided but we may deduct or charge you reasonable
compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product(s) and/or services
11.1 If you have any questions or complaints about the product(s) and/or services, please contact us. You can
telephone our consumer service team at 01482 870001 or write to us at sales.alexanderellis@gmail.com or
Units 1-3 Tokenspire Business Park, Hull Road, Woodmansey HU17 0TB. Alternatively, please speak to one of
our staff in-store.
11.2 If you wish to exercise your legal rights to reject product(s) you must either return them in person to where
you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from
you. We will pay the costs of postage or collection.
11.3 In the unlikely event there is any defect with the services:
11.3.1 if remedying the defect is impossible or cannot be done within a reasonable time or without
significant inconvenience to you we will refund the price you have paid for the services.
11.3.2 in all other circumstances we will use every effort to repair or fix the defect free of charge, without
significant inconvenience to you, as soon as we reasonably can and, in any event, within 1 month
12. Price and payment
12.1 The price of the product(s) and/or services (which includes VAT) will be the price set out in our price list in
force at the date of your order unless we have agreed another price in writing. We take all reasonable care to
ensure that the price of product(s) advised to you is correct. However please see clause 12.3 for what
happens if we discover an error in the price of the product(s) you order.
12.2 If the rate of VAT changes between your order date and the date we supply the product(s), we will adjust the
rate of VAT that you pay, unless you have already paid for the product(s) and/or services (including delivery
and installation costs) in full before the change in the rate of VAT takes effect.
12.3 It is always possible that, despite our best efforts, some of the product(s) and/or services we sell may be
incorrectly priced. We will normally check prices before accepting your order so that, where the
product/services’ correct price at your order date is less than our stated price at your order date, we will
charge the lower amount. If the product/services' correct price at your order date is higher than the price
stated we will contact you for your instructions before we accept your order. If we accept and process your
order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you
as a mispricing, we may terminate the contract, refund you any sums you have paid for the product(s) and
require you to return the product(s) at our expense.
12.4 We accept payment with Visa and Mastercard. You must pay for any product(s) (including delivery and
installation costs) before we dispatch them. We will not charge your credit or debit card until we dispatch the
product(s) to you.
12.5 You must make an advance payment of 10% of the price of the services, before we start providing them. We
will invoice you for the balance of the price of the services when we have completed them.
12.6 If we are unable to collect any payment from you by the due date we may charge interest to you on the
overdue amount at the rate of 4 % a year above the base lending rate of Lloyds Bank 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 any overdue amount.
12.7 If you think an invoice is wrong please contact us promptly to let us know.
13. Our responsibility for loss or damage suffered by you
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable
result of our breaking this contract or our failing to use reasonable care and skill.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes
liability for death or personal injury caused by our negligence or the negligence of our employees, agents or
subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the
goods and for defective products under the Consumer Protection Act 1987.
13.3 If we are installing the product(s) and/or providing other services in your property, we will make good any
damage to your property caused by us while doing so. However, we are not responsible for the cost of
repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We only supply the product(s) for domestic and private use. If you use the product(s) for any commercial,
business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
14. How may we use your personal information
14.1 We will only use your personal information as set out in our privacy policy
14.2 We will only give your personal information to third parties where the law either requires or allows us to do
so.
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this
in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any
of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay
in taking steps against you in respect of your breaking this contract, that will not mean that you do not have
to do those things and it will not prevent us taking steps against you at a later date.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the product(s) in
the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in
either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in
respect of the product(s) in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution is an optional process where an independent body considers the facts of a
dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the
Furniture & Home Improvement Ombudsman through their website at www.fhio.org The Furniture & Home
Improvement Ombudsman does not charge you for making a complaint and if you're not satisfied with the
outcome you can still go to court.