These Terms and Conditions apply to all Orders placed with us, Purity Outdoors Limited, a company registered in England & Wales under number 15030890, whose registered address is at 1 The Briars, Waterberry Drive, Waterlooville, England, PO7 7YH (“we/us/our”).
Definitions & Interpretations
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract formed between you and us, as explained in clause 2, which incorporates and is subject to these Terms & Conditions;
“Order” means your order for the Products and/or Services;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2;
“Products” means the verandas, pergolas and other products sold by us;
“Quotation” means a Quotation we may give to you in accordance with clause 2. Any Quotation is open for acceptance for a period of 30 days, unless otherwise specified, and sets out our entire scope of works;
“Services” means any installation services to be provided by us as agreed;
“Website” means https://purityoutdoors.co.uk/; and
“You/your” means the customer entering into the Contract with us.
The Contract
2.1 These Terms and Conditions govern all Orders placed with us and will form the basis of the Contract between you and us.
2.2 If you wish to place an Order with us, you will have the option to purchase our off-the-shelf Products without installation directly via our Website and our Website will guide you through the process. Before submitting your Order, you will be given the opportunity to review and amend it. Please refer to clause 3 for all Orders placed via our Website.
2.3 Alternatively, you can obtain a Quotation via our Website for bespoke Products and/or installation Services. Please refer to clause 4 for all Orders placed upon receipt of a Quotation.
2.4 Please ensure that you have checked your requirements and that you have read these Terms and Conditions carefully before submitting your Order to us. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.5 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible.
For Off-The-Shelf Orders Only:
3.1 You can choose various sizes and colours for the Products via our Website. You must ensure you have checked your required dimensions properly and that the area in which the Products are to be installed (by you or a third party) is suitable before placing your Order.
3.2 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
3.3 The Order Confirmation will detail the specification and description of the Products ordered, together with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery or collection date for the Products.
3.4 We cannot accept any return if this is due to any error of yours or due to incorrect information provided by you. Please note that this does not affect your legal rights as a Consumer, where applicable (including, but not limited to, those described in these Terms and Conditions).
For Quotations, Bespoke Orders and Installation Services Only:
4.1 You can contact us by telephone or email to obtain a Quotation for bespoke Products, and/or you can choose to add installation to your Website Order for certain Products. Where we are providing installation Services, you will need to submit all required details, including accurate dimensions, together with a clear photo of the installation location.
4.2 We will issue a Quotation based on the information provided by you at the time.
4.3 If, after the Order is placed, we discover that additional work is required at an additional cost, or that the Services to be undertaken are unsuitable, we will send a revised Quotation. If you do not accept the new Quotation, the Contract will be cancelled and clause 9 will apply.
4.4 Our normal working hours for installations are Monday – Friday, 9am – 5pm, excluding bank holidays in England. Unless we agree otherwise, Services required outside of these hours may incur additional costs.
4.5 We will endeavour to meet agreed programme dates, but this may be dependent on factors outside of our control, such as adverse weather conditions. Therefore, time will not be of the essence, and we will have no obligation to complete the Services by a specified date.
4.6 You are responsible for ensuring that:
4.6.1 we can access the Property on the agreed dates and times. Unless we agree otherwise, our price is based on being able to complete our works in one continuous visit, or where we are carrying out the works in phases, each phased visit is to be continuous;
4.6.2 we have free access to electricity, water and welfare facilities;
4.6.3 if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained before we begin the works.
4.7 If you fail to comply with any of your obligations, we reserve the right to charge for any costs we may incur, such as for delays or non-productive visits to the property, and we will not be held liable for any delays to the programme which may be incurred as a result.
4.8 Any variations must be agreed in writing before we can proceed and are payable in accordance with clause 5. Please be aware that variations may result in delays to any estimated programme dates.
Price & Payment
5.1 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every effort to correct such errors or omissions as soon as is reasonably possible. If there is an obvious pricing error, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
5.2 All prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
5.3 Delivery options and any related charges will be presented to you as part of the Order process. We can currently only deliver to mainland UK addresses. If we cannot fulfil your Order, clause 2.5 will apply.
5.4 For all Orders placed via our Website, payment must be made in full at the time of Order. All such payments will go through a payment gateway provider. No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5.5 For all Orders made following acceptance of a Quotation, we reserve the right to request a deposit payment, staged payments as the works progress and/or payment in full up front. We will specify this in the Quotation.
5.6 All invoices are payable within the timeframe specified. The time for payment is of the essence of the Contract. If we do not receive any payment by the due date, then without limiting any other rights or remedies available to us, we will have the right to suspend delivery of Products, suspend the Services and/or charge you interest on the outstanding amount at the rate of 8% per annum above the Bank of England base rate, accruing on a daily basis from the due date until the actual date of payment, whether before or after judgment. We also reserve the right to charge for any costs we may incur in attempting to recover the outstanding debt.
Delivery – For Off-The-Shelf Orders Only
6.1 Off-the-shelf Products will normally be dispatched within 7 days after the date of our Order Confirmation. In any event, Products will be delivered within 30 days of the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 11).
6.2 If your Order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate.
6.3 If no-one is available to accept the delivery, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Products. The redelivery may be chargeable.
6.4 Delivery will be to the kerbside only. If there are likely to be any delivery restrictions to your chosen address, you must contact us before placing your Order, as this may incur additional costs.
6.5 If you do not collect the Order or rearrange delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we may treat the Contract as cancelled and recover the Products.
6.6 In the unlikely event that we fail to deliver the Order within 30 days of our Order Confirmation, you may treat the Contract as being at an end immediately if we have refused to deliver your Order or if you told us when.
Products that delivery within that time period was essential. If you do not wish to cancel under this clause 6.6 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
The Products
7.1 We have made every reasonable effort to ensure that the Products conform to the images and descriptions provided on our Website and otherwise advertised. However, please note that certain colours may look different to the actual colour of the Products, when displayed on your electronic device.
7.2 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice. We may also choose to change suppliers or make minor, non-aesthetic alterations to the specification of any Products without consulting you first.
7.3 We do not represent or warrant that particular Products will be available. If the Products are not available, clause 2.5 will apply.
7.4 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until they have been delivered to you, at which point it will pass to you.
7.5 You own the Products only once we have received payment in full of all sums due (including any delivery charges).
Faulty, Damaged or Incorrect Products
8.1 We will provide a guarantee for the Products, which is subject to the extents and limits of the manufacturer’s guarantee or warranty and is subject to the Products having been installed and maintained correctly. Please contact us for further information.
8.2 In addition to the guarantee, by law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies: 8.2.1 Beginning on the day that you receive the Products, you have a 30 day right to reject them and to receive a full refund if they do not conform as stated above. In this case you must return the Products as they were received, and we will reimburse delivery costs should we be found to be at fault.
8.2.2 If you do not wish to reject the Products, or if the 30-day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30-day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Products. If fewer than 7 days remain out of the original period, it will be extended to 7 days.
8.2.3 If, after replacement, the Products still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Products at a reduced price or reject them in exchange for a refund.
8.3 Please note that you will not be eligible to claim under this clause 8 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to us under this clause 8 because you have changed your mind – please see clause 9 for this.
8.4 To return Products to us under this clause 8, please contact us to arrange for the return. We will be fully responsible for the costs of returning Products under this clause 8 and will reimburse you where appropriate.
8.5 Refunds under this clause 8 will be issued within 14 days of the day on which we agree that you are entitled to the refund, including all delivery costs paid by you when the Products were originally purchased and made using the same payment method that you used when ordering the Products, unless you specifically request that we use a different method.
Cancellations
9.1 If you are a Consumer in the United Kingdom, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any
reason within 14 days from the date the Contract was formed and receive a full refund. Please note this does NOT apply to bespoke Products.
9.2 Please note that you will lose your legal right to cancel under this clause if:
9.2.1 the Contract was formed at our premises; or 9.2.2 the Services have already been completed within the first 14 days, where you expressly requested this.
9.3 If you cancel the Contract after the cooling off period has expired, or after you have given your written authority for us to commence work during the cooling off period, you will be charged for any Products ordered and/or Services already provided up to the date of cancellation.
9.4 Please note, the cooling-off period does not apply to bespoke Products made to order, therefore the Contract cannot be cancelled or changed once the Order has been confirmed.
9.5 Business customers are also not entitled to cancel the Contract, whether the Products bespoke or not, once the Order has been confirmed.
9.6 We reserve the right to cancel the Contract at any time and will confirm this in writing. If we have provided Products and/or started the Services, we will invoice you for any Products and Services we have provided that you have not yet paid for. If we cancel before we provided any Products or Services, we will refund any payments you may have made in advance.
Our Liability
10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
10.3 We will not be responsible for any pre-existing faults or damage at the property.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
10.5 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
10.6 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.
Events Outside of Our Control:
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.
Data Protection
All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any changes to them. For further information, please refer to our Privacy Policy on our Website.
Other Important Terms
13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
13.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed the Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.
13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction:
These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.