Terms & Conditions for Consumers

Taylor Davis Consumer Terms and Conditions

1. These terms

1.1 These are the terms and conditions on which we supply products to our consumer
customers (i.e. not businesses).

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 products to you, how either of us 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.

1.3 No other terms are implied by trade, custom, practice or course of dealing, and no
statements or representations made elsewhere will form part of the contract unless we
expressly agree this in writing.

2. Information about us and how to contact us

2.1 We are Taylor-Davis Ltd, a company registered in England and Wales. Our company
registration number is 00978584 and our registered office is at Moat Works, Moat Road,
West Wilts Trading Estate, Westbury, Wiltshire BA13 4JF.

2.2 You can contact us by telephoning our customer service team at 01373 864324 by
writing to us at sales@taylor-davis.co.uk or completing the “Contact us” form on our
website.

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 or enquiry.

2.4 When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 When you place an order with us, we will send you an email acknowledging that we
have received your order. This acknowledgement does not mean that we have accepted
your order.

3.2 All orders, including those placed through our TDOnline website, are subject to stock
availability. If the products you have ordered are out of stock or otherwise unavailable,
we will notify you as soon as reasonably possible. In these circumstances, we will not
accept your order, no contract will be formed, and we will refund you in full for all sums
paid, including any delivery charges. This applies even where you have received an
order-acknowledgement email, as that email does not constitute acceptance

3.3 A contract will come into existence between you and us, only when:
(a) We have received full payment for your order; and
(b) We send you an order-acceptance email confirming that we have accepted your
order.
Until both of these steps have taken place, we are not obliged to supply the products you
have ordered.

3.4 If we are unable to accept your order, we will inform you of this and will not charge you
for the products. This might be because the products are out of stock, because of
unexpected limits on our resources, because we have identified an error in the price or
description of the products, or because we are unable to meet a delivery deadline you
have specified.

3.5 We will assign your order a number when we accept your order. It helps if you can quote
this number whenever you contact us about your order

3.6 If you place an order through our TDOnline website, the online acceptance process set
out above takes priority over any other wording in these terms about when a contract is
formed. This means that, for online purchases, a contract will only be formed once we
have received full payment and issued an order-acceptance email. Any automated
acknowledgement or communication you receive before then is not acceptance of your
order.

4. Ordering online

4.1 When you place an order through our TDOnline website, you must follow the on-screen
prompts provided during the checkout process. These prompts explain what information
you need to provide and the steps required to submit your order.

4.2 Before you submit your order, you are responsible for checking that all information you
provide is complete and accurate, including product selections, quantities, delivery
details, and payment information. By submitting your order, you confirm that all
information entered is correct.

4.3 You are responsible for any errors made when entering information during the online
checkout process, including any delay, failed delivery, or additional costs arising
because the information you supplied was incorrect or incomplete.

5. Our products

5.1Product specifications such as dimensions, capacities, weights, volumes, tolerances and
similar measurements which may or may not be shown on our website are provided for
guidance only and are approximate unless we expressly state in writing that they are
guaranteed specifications. Minor variations in such specifications will not give you a right
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to reject the products or end the contract unless the variation makes the products
significantly different from those we agreed to supply.

5.2 The images of the products on our website are for illustrative purposes only. Although
we have made every effort to display the colours, weights and sizes accurately, we
cannot guarantee that a device’s display accurately reflects the products. Actual product
colours and finishes may vary slightly from those shown online.

5.3 The packaging of the products may vary from the images displayed on our website.
Minor differences in packaging, presentation or labelling will not affect your rights
provided the products themselves remain of satisfactory quality and substantially
conform to their description.

5.4 Your products may also vary slightly from any images or descriptions shown online as a
result of manufacturing processes, improvements, or minor non-material variations in
colour shade, finish, texture or specification. Such non-material variations will not give
you a right to reject the products, cancel the contract, or claim a refund, provided that the
products remain of satisfactory quality and substantially conform to the description we
provided.

5.5 We may correct any typographical, clerical or other accidental errors or omissions in any
quotation, price, product description, invoice or other document or information we issue.
Any such errors or omissions will not give you the right to cancel any contract with us
unless the correction results in a material change to the products or the price you pay.

6. The right to make changes to and substitute the products

6.1 All of our products are manufactured by a third party and cannot be modified by us to
suit your requirements. The manufacturer may change the products to reflect changes in
relevant laws and regulatory requirements or implement minor technical adjustments
and improvements.

6.2 If, after accepting your order, we are unable to supply the products you selected, we
may provide substitute products of an equivalent or superior specification and value. We
will notify you if a substitution is necessary. If you do not wish to accept the substitute
products, you may contact us to end the contract and receive a full refund for any
products you have paid for but not received.

6.3 Minor or non-material variations in the substituted products, including variations arising
from manufacturing processes or improvements, will not give you the right to cancel the
contract, reject the products, or claim a refund, provided that the products remain of
satisfactory quality and substantially conform to the description we provided. Non-material variations include variations in colour shade, finish, texture, or minor
specification changes that do not affect the product’s functionality or performance.

7. Price and payment

7.1 The price of the products (which includes VAT) will be the price indicated to you when
you place your order. We take all reasonable care to ensure that the price of the
products advised to you is correct. However, please see clause 7.3 for what happens if
we discover an error in the price of the products you order.

7.2 If the rate of VAT changes between your order date and the date we supply the
products, we will adjust the rate of VAT that you pay, unless you have already paid for
the products in full before the change in the rate of VAT takes effect.

7.3 If we identify an obvious error in the price or description of the products at any point
before we accept your order, we may correct the error and notify you. If the correct price
is higher than the price shown at checkout, or the description differs in any material way,
we will ask whether you wish to continue with the order. For online orders, if the pricing
or description error is obvious, unmistakeable, or reasonably identifiable as an error, we
may instead decline to accept the order and refund you in full. In these circumstances no
contract will be formed. This online error-correction mechanism applies even where the
correction does not result in a “material change” to the products under these terms. If the
online listing contains an obvious error, we may cancel and refund at our discretion to
ensure that you are not charged for products at an incorrect or misleading price or
description.

7.4 You can pay for the products ordered from us by debit or credit card. You must pay for
any products during the order process, before we dispatch the products to you. Any
payment taken before acceptance is treated as a conditional payment only. If we do not
accept your order, we will refund you in full.

7.5 If your payment is declined, reversed, or cannot be authorised for any reason, we may
cancel your order or suspend delivery until full payment has cleared. We may also delay
dispatch of the products until we have completed any verification steps that we consider
reasonably necessary. If we cancel your order due to payment issues, we will notify you
as soon as reasonably possible. We will not be responsible for any delay or failure to
deliver the products where dispatch is held pending payment authorisation or completion
of verification processes.

7.6 For online purchases, you will not normally incur interest or late-payment charges
because payment is taken in advance as part of the checkout process. However, if any
additional sums become payable after the initial card payment – for example, charges
relating to storage, re-delivery, failed delivery, or return fees – those sums must be paid
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in accordance with the invoice terms, and interest may be charged on overdue amounts
as set out below.

7.7 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 8% 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 date of actual payment of the overdue amount, whether before or after
judgment. You must pay us interest together with any overdue amount.

7.8 If you think an invoice is wrong, please contact us promptly to let us know. You will not
have to pay any interest until the dispute is resolved. Once the dispute is resolved we
will charge you interest on correctly invoiced sums from the original due date.

8. Providing the products

8.1 Our delivery obligations apply only once your order has been accepted and a contract has
been formed.

8.2 The costs of delivery will be provided to you as part of the order process.

8.3 During the order process we will let you know when we will provide the products to you.
We will deliver the products to you as soon as reasonably possible and in any event
within 30 days after the day on which we accept your order.
8.4 Delivery times and dates are estimates only and are not guaranteed. Time of delivery is
not of the essence in relation to our obligations. We will not be liable for any delay in
delivery that is outside our reasonable control, and any such delay will not give you the
right to cancel the contract unless the delay is substantial or you otherwise have a legal
right to do so.

8.5 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.

8.6 If you have asked to collect the products from our premises, we will advise you of a
collection time slot. If you do not collect the products within that time period, we may
charge you reasonable storage costs and/or administration fees. If you do not collect the
products within 14 days after we begin charging storage fees, we may, at our discretion:

(a) return the products to stock and cancel your order;

(b) refund you the price you paid, less any reasonable costs we have incurred
(including storage, administration, and any reduction in the value of the
products); or

8.7 If no one is available at your address to take delivery and the products cannot be posted
through your letterbox, we or our third party couriers will either:

(a) leave a note or send an email informing you how to rearrange delivery or
collection of the products from a delivery depot;

(b) deliver the products to a neighbour; or

8.8 If you ask us or our courier to deliver the products to a neighbour, leave them in a safe
place, or otherwise provide delivery instructions, delivery will be treated as completed
when the products are delivered in accordance with those instructions. From that point,
the products will be your responsibility.

8.9 We are not responsible for any loss, damage, deterioration or reduction in quality of the
products that occurs after delivery, including any damage caused by your improper
storage, handling, or failure to follow any instructions or guidance we provide.

8.10 If you do not collect the products 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 11.1 will apply.

8.11 We will not be responsible for delivering the products late or failing to deliver the
products if this is caused by you providing an incorrect or incomplete delivery address or
other required information. If the products are delivered to an incorrect address due to
information you provided, delivery will be treated as completed and we will not be liable
for any resulting loss.

8.12 The products will be your responsibility from the time we deliver the products to the
address you provided to us or you collect the products from us.

8.13 You own the products once we have received payment in full.

8.14 We may need certain information from you so that we can supply the products to you, for
example, your full name, address and a telephone number. We will collect this
information as part of the ordering process. If you do not give us this information when
requested, or if you give us incomplete or incorrect information, we may either end the
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contract (and clause 11.1 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.

9. International delivery

9.1 We do offer international delivery. Please contact us in accordance with paragraph 2.2
for a shipping quote.

9.2 The products ordered from our website only comply with UK laws, regulations or
standards, unless stated otherwise on our website. It is your responsibility to check the
products you order comply with any relevant country specific standards.

9.3 If you order products from our website for international delivery, your order may be
subject to import duties and taxes which are applied when the delivery reaches that
destination. Please note that we have no control over these charges and we cannot
predict their amount.

9.4 You will be responsible for payment of any such import duties and taxes. Please contact
your local customs office for further information before placing your order.

9.5 You must comply with all applicable laws and regulations of the country for which the
products are destined. We will not be liable or responsible if you break any such law.

10. Your rights to end the contract

10.1 Your rights when you end the contract will depend on whether there is anything wrong
with the products, how we are performing and when you decide to end the contract:

(a) If the products you have bought are faulty or misdescribed you may have a legal
right to end the contract (or to get the products replaced or to get some or all of
your money back), see clause 12;

(b) If you want to end the contract because of something we have done or have told
you we are going to do, see clause 9.2;

(c) If you have just changed your mind about the products, see clause 9.3. 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;

10.2 If you are ending a contract for a reason set out at (a) to (d) 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:

(a) we have told you about an upcoming change to the products or these terms
which you do not agree to;

(b) we have told you about an error in the price or description of the products you
have ordered and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done
wrong (including because we have delivered late.

10.3 How long you have to exercise the right to change your mind (Consumer Contracts
Regulations 2013) depends on how the products were delivered.

(a) For products purchased online or off-premises you have a legal right to change
your mind within 14 days and receive a refund. Where you exercise this right
you are responsible for the costs for returning the products to us; and

(b) Where the products are into several deliveries over different days, you have
until 14 days after the day you (or someone you nominate) receives the last
delivery to change your mind about the products.

10.4 You do not have a right to change your mind in respect of:

(a) products sealed for health protection or hygiene purposes, once these have
been unsealed after you receive them; and

(b) any products which become mixed inseparably with other items after their
delivery.

10.5 Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us
compensation. A contract for products is completed when the products are delivered 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 you ending
the contract.

11. How to end the contract with us (including if you have changed your mind)

11.1 To end the contract with us, please call us on 01373 864324, write to us at
sales@taylor-davis.co.uk or complete the “Contact us” form on our website.

11.2 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 post the products back to us
or (if they are not suitable for posting) allow us to collect them from you. Please call
customer services for a return label or to arrange 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.

11.3 We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change
to the products 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.

11.4 If you are responsible for the costs of return and we are collecting or a third party courier
is collecting the products from you, we will charge you the direct cost to us of collection.

11.5 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.

11.6 If you are exercising your right to change your mind:

(a) 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
or use of them in such a way which would not be permitted in a shop (i.e. the
products have been used and are not in a saleable condition to another
customer). 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 at determined by us; and

(b) 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
products within 3-5 days at one cost but you choose to have the products
delivered within 24 hours at a higher cost, then we will only refund what you
would have paid for the cheaper delivery option.
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11.7 We will pay any refunds due to you as soon as possible. If you are exercising your right
to change your mind your refund will be made within 28 days from the day on which we
receive the returned products.

12. Our rights to end the contract

12.1 We may end the contract for a products at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make
payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the products;

(d) we decide to stop providing the products after your order has been accepted.

12.2 If we end the contract in the situations set out in clause 12.1 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.

13. If there is a problem with the product

13.1 If you have any questions or complaints about the products, please contact us using the
details provided in clause 11.1.

13.2 If you wish to exercise your legal rights to reject products you must either post them
back to us or (if they are not suitable for posting) allow us to collect them from you in
accordance with clause 11.2 to clause 11.5.

14. Our responsibility for loss or damage suffered by you

14.1 If we fail to comply with these terms, we are only responsible for loss or damage you
suffer that is foreseeable as a result of our breaking this contract or our failing to use
reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will
happen or if, at the time the contract was made, both of us knew it might happen, for
example, if you discussed it with us during the sales process. To confirm, we are not
responsible for any loss or damage that is not foreseeable.

14.2 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
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you; of satisfactory quality; fit for any particular purpose made known to us; supplied with
reasonable skill and care; and for defective products under the Consumer Protection Act
1987.

14.3 We are also not responsible for:

(a) any loss, damage or deterioration arising from your misuse of the products,
your failure to follow our instructions or guidance, or your failure to use or store
the products safely and appropriately after delivery; or

(b) any loss or damage resulting from the products being incompatible with your
equipment, systems or other items, unless we have expressly confirmed in
writing that the products are compatible.

15. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

16. Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation.

16.2 You may only transfer your rights or your obligations under these terms to another
person if we agree to this in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce
any of its terms.

16.4 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.

16.5 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. 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 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.