TERMS AND CONDITIONS OF SALE – ULTRA GROUP LIMITED
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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, please contact us to discuss.
2.1 Who we are. We are Ultra Group Limited (trading as Ultra Decking), a company registered in England and Wales. Our company registration number is 11251723 and our registered office address is 73 Manchester Road, Woolston, Warrington, Cheshire, England, WA1 4AE. Our registered VAT number is .
3.2 Check your order. Before submitting an order to us, please ensure that you have carefully checked the details of your order to ensure that it is correct and the information you have provided is accurate. If you are making an order online, our website allows you opportunities to review your order before submitting it.
3.3 How we will accept your order. Our acceptance of your order will take place when we contact you in writing to accept it either by way of email confirming acceptance or by sending over our invoice to you containing the details of your order, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock or temporarily unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product on our website or because we are unable to meet a delivery deadline that you have specified.
3.5 Your order number. 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.
3.6 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately we do not accept orders from addresses outside of the UK.
4.1 Products may vary slightly from their pictures or videos. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and finish of the products accurately, we cannot guarantee that a device’s display of the colours or finish accurately reflects the colour or finish of the products. Your product may vary slightly from those images. We are more than happy to provide you with samples of our products where possible. If you want to request any samples, you can order these on our website where indicated or you can contact us on the details above to discuss.
4.3 Calculating the amount of product you need. You are responsible for measuring the dimensions of the space where the product will be installed. We provide the dimensions and size of our products in the description of the product on our website as well as a tool to provide an indication of the amount of product you will require based on the dimensions of the space inputted by you. It is your responsibility to ensure that you take and input accurate and correct measurements for the intended space for the product. You can find dimensions, information and tips on how to measure your space on our website or we would be happy to help with any questions you do have if you contact us.
4.4 Our guides or manuals. We provide a set of guides/manuals on our website in relation to our products, installation and aftercare. These guides/manuals are to help you make an informed decision about the products that you are purchasing. Please note that our guides/manuals contain general guidance only and are not prepared to provide you with specific advice or guidance. If you can’t find what you need on our website, or if you want to ask us any questions prior to submitting an order for our products then please do contact us.
4.5 Advice on our products. Our team are available to help you with any queries that you may have in relation to our products. Although our team are happy to help you generally and can provide you with specific information on our products, they are not able to provide you with specific advice in relation to the installation of our products. Where you are using a tradesperson who is not affiliated with us to carry out any installation work, we are not responsible for any advice or information that they provide to you in relation to our products or their installation of the products and you will need to satisfy yourself that you are happy to proceed with and rely on their advice.
If you wish to make a change to the product 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, the timing of supply 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. Any changes will only be agreed if set out in writing. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6.2 More significant changes to the products and these terms. We may make changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 General changes to our product list. We cannot guarantee the length of time that we will stock a particular product for or that the price of a product as displayed on the website will remain the same for the duration of the time that we stock it.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website during the order process (or as told to you during the order process) and prior to submitting your order. If you are submitting an order online, you can use our shipping cost calculator on our website which is available when you add a product to your online basket which will provide you with an estimated delivery cost for the address you input. The actual cost of delivery will be as displayed in the summary of your order prior to you submitting it. Please note that we will only deliver on the weekend where this has been agreed in advance. Weekend deliveries will occur an additional delivery charge which will be notified to you prior to you submitting your order.
7.2 Delivery outside of mainland England and Wales. Where you are requesting a delivery outside of mainland England and Wales (including Scotland, Northern Ireland, Isle of Mann and the Isle of Wight) this may incur a higher delivery charge. Our delivery costs outside of mainland England and Wales will be as set out in the order process.
7.3 When we will provide the products. In order to keep your costs down, we work to deliver our products in batched deliveries so that our delivery fees are kept low. During the order process we will provide you with an estimated timeline for when we will be able to provide the products to you which may be up to a maximum of 8 weeks. Where possible, we also try to include estimated dates for when a product will be available on our website or on the product page. Once we have accepted your order in accordance with clause 3.3, we will let you know as soon as possible (but in any event within 7 working days of our acceptance of your order) the actual delivery or collection date. Until we have provided you with an actual delivery or collection date, any dates that we do provide are estimates only and are not guaranteed. As such, we would recommend that you do not do anything in reliance (booking fitters, days of work etc) on any delivery dates. Unless otherwise agreed with you, our delivery is kerbside only. It is your responsibility to ensure that there is a legally responsible person to accept and sign for delivery of the products on the delivery date.
7.4 What to do if you are not available on a delivery date or collection date. Please let us know as soon as possible by giving at least 24 hours’ notice before the delivery or collection date (or any rearranged delivery or collection date) if the delivery or collection date will not work for you. Where we do not receive prior notice in accordance with this clause that you will not be at the delivery address to accept delivery or are unable to collect the product on the date provided, we may charge for a rearranged delivery (see clause 7.7) or to rearrange collection.
7.5 We are not responsible for delays outside our control. If our supply of the products 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. We will also not be liable for any delays to the supply of the products that are caused by you.
7.6 Collection by you. If you have requested collection of the products from our premises, you can collect them from us on a collection date agreed between us, which will fall at any time during our working hours of 10.30 to 16.30 on weekdays (excluding public holidays). Once the order is ready for collection, we will let you know and agree a date for collection with you. If you are not able to collect on the agreed collection date, please let us know (see clause 7.4). If you do not collect the product on the date agreed for collection, we will contact you to rearrange collection.
7.7 If you are not at home when the product is delivered. If no one is available at your address to take delivery on the delivery date we have provided to you (see clause 7.3), we will leave you a note informing you of how to rearrange delivery or how you can collect the products. Please note that where we have to rearrange a delivery of the products where you have not informed us in advance that you will not be at home to accept the products on the agreed delivery date, we may charge you an additional delivery charge to cover our reasonable costs of having to provide a re-delivery (see clause 7.4). Where you confirm you are not available for delivery on an initial delivery date, or you are not at home when we try to deliver the product, we will rearrange a delivery date with you up to three more times. If you either rearrange or are not home when we try to deliver the products on each of these three occasions, then you will have to arrange collection of the products yourself.
7.8 If you do not re-arrange delivery or collection. If, after a failed delivery to you, you do not re-arrange delivery or collection we will contact you for further instructions and may charge you for storage costs and any other costs we incur (including 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 10.2 will apply.
7.9 When you become responsible for the products. The products will be your responsibility from either the time we deliver the product to the address you gave us or the time you collect the product from our premises.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products, for example, accurate measurements and dimensions of the space where the products are to be used. If we do require further information from you, this will have been stated in the description of the products on our website or been made clear during the ordering process. 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 (and clause 10.2 will apply) 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 the products late or not supplying 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.
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 4 weeks we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5). If you think we have charged you incorrectly for the products then see clause 12.6.
8.1 You have different rights to end your contract with us. Your rights if you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed (for example, if the product is not fit for its purpose, is not of satisfactory quality, or if it does not conform with the description we have included of the product on our website), you may have a legal right to end the contract, to get the product repaired or replaced or to get some or all of your money back, see clause 11. Please see clauses 4.1 and 4.2 on how our products may differ from the images on our website (including the colour or finish of products). If you do have any issues with any of our products, we would ask that you contact us as soon as possible – we are happy to discuss these issues with you and work to find a solution for you;
8.1.3 If you have changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.3 Exercising your right to change your mind during the cooling off period (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms (see clause 8.4 and 8.5).
8.4 Exercising your right to change your mind and installation. Although you have a right to change your mind under clause 8.3 in relation to products bought online, please note that under clause 9.6 we are entitled to deductions in certain circumstances from any refund where you do change your mind (including where a product’s value has reduced as a result of your handling of the product) and you will also have to cover the costs of returning the products to us (see clauses 9.3 and 9.4). Please note that it is important that you store our products in line with any storage instructions we provide to you as where our products are not stored in proper conditions (such as being left uncovered or unprotected in certain weather conditions), they can become damaged. Once you have started or undertaken any installation of our products, the value in them will be reduced significantly and any refund to you will reflect this. We would always recommend that you only proceed with the installation of the product if you are happy with the product and are intending to keep it. We will not be responsible for removing any installed product.
8.5 How long do I have to change my mind? You have 14 days after the day you receive (or someone you nominate receives) the products. If your products are split into several deliveries over different days, you have until 14 days after the day you receive (or someone you nominate receives) the last delivery to change your mind about the products.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered (or collected) and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.1.1 Phone or email. Call customer services on 01925 943 011 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.3 By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products to 73 Manchester Road, Woolston, Warrington, Cheshire, England, WA1 4AE or allow us to collect them from you. Please call customer services on 01925 943 011 or email us at email@example.com to let us know you are making a return or to arrange a collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
9.3.1 if the products are faulty or misdescribed (for example, if the product is not fit for its purpose, is not of satisfactory quality, or if it does not conform with the description we have included of the product on our website); or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We will let you know the cost of collection in advance which will be based on our standard delivery charges.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. We will also not refund you for any installation or labour in relation to the products (please see clause 13.4).
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. Where you have commenced any installation work with the products, please note that this will significantly reduce the value of the products (see clause 8.4). We only recommend you commence installation work if you are intending to keep the product. Please note that it is important that you store our products in line with any storage instructions we provide to you as where our products are not stored in proper conditions, they can become damaged.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you chose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we are not collecting the goods, then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2. If we are collecting the goods, the refund will be made within 14 days from the day on which you tell us you have changed your mind.
10.2 You must compensate us if you break the contract. 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 products 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.
11.1 Product Warranty. We provide a warranty for some of our products (which, where applicable, can range between 10 and 25 years (the “Warranty Period”) and will be as described in our product descriptions on our website). Any product description which does not contain details of a product warranty means that we do not provide a warranty for that particular product. Unless the product description states differently or we advise you otherwise, our product warranty will cover you during the Warranty Period for damage to the product caused by splintering, rotting, splitting or structural damage from fungal decay of the product or from termites. In order to be covered by a product warranty, you will need to:
11.1.1 ensure that you comply with our instructions in relation to the products (including relating to handling and storage, following any installation guides or instructions we provide, and following any maintenance or care instructions that we provide to you);
11.1.2 register the product with us within 1 month of installation (by contacting us on the details above);
11.1.3 take reasonable care of the products, generally and in line with our instructions (we will not be responsible where the fault is caused by wilful damage or negligence);
11.1.4 not attempt to modify, fix or repair the product or any defect and notify us as soon as possible where there is a problem with the product.
11.2 Where a product is covered by a product warranty and there is a problem with the product during the Warranty Period, please contact us as soon as possible on the details set out above. We may require further information from you on the potential problem with the product (which may include photographs of the affected product or us requesting access to inspect the affected product). Where there is a problem that is covered by the product warranty and a claim is made during the Warranty Period, we will provide a replacement product for the affected product only. We will not be responsible for covering any labour or installation costs of the replacement product. We are unable to guarantee a colour match for the replacement product. Nothing in clause 11.1 or this clause 11.2 limits any legal rights to which you may be entitled.
11.3 How to tell us about problems. If you have any questions or complaints about the product (including if you think you have been delivered the wrong quantity of product or type of product), please contact us as soon as possible after delivery or collection. You can telephone our customer service team at 01925 943 011 or write to us at firstname.lastname@example.org.
11.4 Your legal rights in relation to the products. We are under a legal duty to supply products that are in conformity with this contract. For more information on your legal rights please visit www.citizensadvice.org.uk. Nothing in these terms will affect your legal rights.
11.5 We are not responsible for installation of the products. We are not responsible for the incorrect installation of the products or for any damage to the products caused by or as part of the installation process. Our responsibility in relation to faulty or misdescribed goods is only in relation to the quality of the products themselves. Any issues relating to the installation of the product should be addressed to the person who has installed the product for you.
11.6 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them back to us by post or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01925 943 011 or email us at email@example.com to let us know that you are returning the products to us.
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We also provide a breakdown of the price of some of our products per metre on the description of the product. We take all reasonable care to ensure that the price of the product 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 you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we advertise may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s 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’s correct price at your order date is higher than the price stated to you, 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 end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard and Maestro. Payment for products must be debited and cleared from your account before we dispatch the products. We will not charge your credit or debit card until we are ready to dispatch the products to you. We will also accept payment by bank transfer.
12.5 We can charge interest if you pay late. If you do not make any payment to us 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 the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the rate of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think we have charged you incorrectly for the products. If you think that we have charged you incorrectly for the products then please contact us promptly to let us know. We will be happy to discuss the issue.
12.7 Promotional prices. From time to time we may advertise products on our website or on printed media at promotional prices. These prices are only valid for the period of the promotional offer, and are subject to change. Where we do advertise products at promotional prices other terms may apply which will be brought to your attention alongside the promotion.
13.1 We are responsible to you for foreseeable loss and damage caused by us. 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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 products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
13.4 We are not liable for any losses relating to installation. As set out in clause 11.5, we are not responsible for the installation of our product or any damage to the product or loss of use or enjoyment of the product as a result of poor installation.
15.1 If you have a complaint about Ultra Group Limited, please contact our customer services team on 01925 943 011 or write to us at firstname.lastname@example.org or 73 Manchester Road, Woolston, Warrington, Cheshire, England, WA1 4AE.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live outside of the UK, you can bring legal proceedings in respect of the products in either the courts of the country in which you live or the English courts.
(Complete and return this form only if you wish to withdraw from the contract)
Ultra Group Limited
73 Manchester Road
Tel: 01925 943 011
I [*] hereby give notice that I [*] cancel my [*] contract of sale of the following products [*],
Ordered on [*]/received on [*],
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
[*] Delete as appropriate
© Crown copyright 2013.
Please read through our Terms and Conditions carefully to avoid any confusion