Terms and Conditions – BenMartyn Ltd

1) These terms.

a) What these terms cover. These are the terms and conditions on which we supply the goods to you.

b) 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 goods 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.

c) Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.

• You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

d) If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2) Information about us and how to contact us.

a) Who we are. We are BenMartyn Ltd, a company registered in England and Wales with company number 12113930. Our registered office is at Sycamore Lodge, Michaelston-Le-Pit, Dinas Powys, South Glamorgan, United Kingdom, CF64 4HE, (“seller”, “we”, “us”). Our registered VAT number is 375594844.

b) How to contact us. You can contact us by writing to us at sales@benmartyn.com or bycalling us on 07845705559.

c) How we may contact you. 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.

d) “Writing” includes email. When we use the words “writing” or “written” this includes emails unless otherwise expressly stated.

3) Our contract with you.

a) We only accept orders when we've checked them. Payment will be taken when the order has been placed, however the placing of an order following our quotation shall not be binding until it has been accepted by us. We contact you to confirm we've received your order and we accept it when we dispatch the goods and confirm dispatch to you. Ownership of the goods will pass upon the payment of cleared funds.

b) Sometimes we reject orders. Sometimes we reject orders, for example, because goodsare unexpectedly out of stock because you are located outside our delivery areas or because the goods were mispriced by us or there was an error in the price of the goods. When this happens, we let you know as soon as possible and refund any sums you have paid. If onlysome of the goods were mispriced, it will not affect the order in relation to any goods which were priced correctly.

c) 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.

d) Ownership. If you are a business customer, the ownership of the goods shall remain with us until payment in full of all monies due to us in accordance with these terms. You shall be entitled to sell the goods in the ordinary course of business, provided that the proceeds of sale shall be held in trust for us until payment of all sums due to us have been paid in full.

e) If you are a business customer you have no set-off rights. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

f) We charge interest on late payments. If you are a business customer, we are entitled to we charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

g) Our rights for non-payment. Should you default in any payment when due we will be entitled to repossess all of the goods held by you which are still our property (without prejudice to any other right or remedy arising out of such default in payment) and for this purpose we will be entitled to enter upon any land or buildings on or in which the goods may be situated and to remove the same. All costs incurred by us in repossessing the goods shall be borne by you. Any goods so repossessed shall be sold and proceeds of sale set off against the amounts due to us by you. Any balance remaining of the proceeds of sale shall be paid to you. If the said proceeds of sale are not sufficient, you shall remain liable to pay us the amount remaining due, together with anyinterest accruing thereon.

h) We pass on increases in VAT. If the rate of VAT changes between your order date and the date we supply the goods, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

i) We're not responsible for delays outside our control. If our supply of your goods is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Support Team via email sales@benmartyn.comor calling 07845705559 to end the contract and receive a refund for any goods you have paid for in advance, but not received, less reasonable costs we have already incurred.

4) Our Goods

a) Goods can vary slightly from their pictures and we are not responsible for colour changes over time. Composite goodsare extrusion products by mixing natural and man-made materials. A goods' true colour may not exactly match that shown on your device orwhere applicable, in our marketing or its packaging may be slightly different. Whilst the greatest efforts are made to ensure consistency and uniformity during production, the goods’colour may vary and overtime as it ages, due to weather conditions, and we waive any responsibility for changes or variations in colour.

b) Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.

c) Goods specification may vary. Whilst every effort is made for the weights and dimensions in our marketing, literature or packaging to be accurate, we waive any responsibility for differences that are within normal trade tolerances.

d) You're responsible for making sure your measurements are accurate. If we're supplying the goods to measurements you provide, you are responsible for making sure those measurements are correct.

e) We charge you if you don't give us information we need or do preparatory work as agreed with us. We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle.

5) Your right to change your mind if you are a consumer.

a) Your legal right to change your mind. For most of our goods you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

Your legal rights

14 days to change your mind

You pay costs of return

b) The deadline for changing your mind. If you change your mind about the goods you must let us know no later than 14 days after the day we deliver the goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

c) How to let us know. To let us know you want to change your mind, please let us know by doing one of the following:

• Phone or email: Call the team on 07845705559 or email us at sales@benmartyn.com Please provide your name, home address, details of the order and your phone number and email address. In the case of a damaged good, please do send over images where possible for us to pass on to quality control.​

• By post: Write to us at our registered office address, including details of what you bought, when you ordered or received it and your name and address.

d) You have to return the goods at your own cost. You have to return it (and where applicable, any free gifts provided with it) to us within 14 days of your telling us you have changed your mind.

6) Returns and Refunds

a) Returns if you are a consumer. Returns are at your own cost, unless we offered free returns when you bought the goods.

b) Returns if you are a business. For any goods returned that were originally purchased by a business (i.e. a sole trader or incorporated entity) in addition to clause 6(c) below, there will be a re-stocking fee of 15% with a minimum handling fee payable by the buyer of £50 per consignment (exclusive of VAT).

c) Collection of goods. If requested, we can arrange the collection of items, this will incur a surcharge which can be taken off an eligible refund amount. For collections (that cannot be sent via a standard courier service) there will be a minimum £200 collection surcharge.

d) Inspection of goods. Once received we shall inspect any returned goods for quality and defects. Subject to the goods being returned in perfect re-sellable condition, we shall issue you with a refund for the full purchase price (excluding any delivery costs).

e) We reduce your refund if you have used or damaged the goods. In the event that the returned goods are damaged or otherwise returned in less than brand-new condition, we may offer a credit note calculated at the seller’s sole discretion and with reference to the re-sale value of the goods, but we can withhold the right to any refund. Goods can be returned back to us so long as they are in brand-new condition.

f) We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.A refund can only be credited back onto the original card or bank account used to purchase the goods and will be issued within 14 days of receiving your hoods in re-sellable condition.

g) Damaged goods. If your goods are damaged or faulty and you have requested a replacement, we will send this replacement free of postage and packaging charges. Any defects found in part of the goods shall not entitle you to reject the remaining goods.

h) When and how we refund you. If your goods haven't been delivered or we haven’t collected from you when stated we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If you are sending back goods to us we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.Please be advised that if an item is returned to us after our returns period has ended, and/or without advising us first, then we can only offer a credit note.

7) Your rights if there is something wrong with your goods.

a) Return the goods to us. If you think there is something wrong with your goods, you must contact our Customer Support Team at Sales@benmartyn.com or call us 07845705559.

b) Your rights and remedies if you are a consumer. We honour our legal duty to provide you with goods that are as described to you on our website and that meet all the requirements imposed by law.

Summary of your key legal rights

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund.

• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

c) Exclusions to consumer’s rights. We will not be liable for any goods’ failure with the Consumer Rights Act 2015 if:

• before contract, the defects are brought to your attention, or if you examine the goods and any defects are obvious;

• if the goods were used for a purpose that is neither obvious or made known to us;

• where the failure appears to be as a result of fair wear and tear, including but not limited to weathering and defective installation.

d) Your rights if you are a business. We warrant that on delivery any goods shall:

• conform in all material respects with their description;

• be free from material defects in design, material and workmanship;

• be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

• be fit for any purpose held out by us.

e) Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if:

• you give us notice in writing within a reasonable time of discovery that the goods do not comply with the business customer warranty (see Your rights if you are a business);

• we are given a reasonable opportunity of examining such goods; and

• you return such goods to us at our cost;

• we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement goods supplied by us.

f) Exceptions to business customers' warranty. We will not be liable for a goods’failure to comply with the business customer warranty under clause 7(d) if:

• you make any further use of such goodsafter telling us it is non-compliant;

• the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;

• fair wear and tear, weathering (including but not limited to a change of colour in the product due to weather conditions), wilful damage, negligence, or abnormal storage or working conditions;

• installation of the goods by a third party. It is your responsibility to ensure you have adequate protection against defective services in your agreement with the appropriate third party that you have engaged to install the goods. ;

• the defect arises because we followed any drawing, design or specification supplied by you;

• you alter or repair the goods without our written consent; or

• the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

8) Our rights.

a) Changes we can always make. We can always change goods:

• to reflect changes in relevant laws and regulatory requirements;

• the specification of any goods quoted in our sales literature anytime without notice

b) Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the goods or these terms, but if we do so we'll notify you and you can then contact our Customer Support Team via email sales@benmartyn.com or calling 07845705559to end the contract before the change takes effect.

c) We can suspend the supply of goods. We do this to:

• If the goods are not in stock or have been discontinued.

• update the goods to reflect changes in relevant laws and regulatory requirements; or

• make changes to the goods

d) We can end our contract with you. We can end our contract with you for goods and claim any compensation due to us if:

• you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;

• you don't, within a reasonable time, either allow us to deliver the goods to you or collect it from us. If you have said you will collect the goods ("click and collect") but you don't do this within 14 days then we treat your order as cancelled and refund the purchase price.

9) Our responsibility for loss or damage suffered by you if you are a consumer

a) 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.

b) 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 as summarised at clause 7 and for defective goods under the Consumer Protection Act 1987

c) We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 9(a).

d) We are not responsible to you for losses incurred by third party installation services. We provide the goods to you in accordance with this agreement. In the event that you incur any loss or the goods are damaged in any way during installation we are not liable. It is your responsibility to ensure that you have adequate protection for defective services in your agreement with the appropriate third party that you have engaged to install the goods. We will not be liable for the installation of goods in any event.

10) Our responsibility for loss or damage suffered by you if you are a business

a) Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

• fraud or fraudulent misrepresentation;

• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

• defective goods under the Consumer Protection Act 1987.

b) Except to the extent expressly stated in clause7(c) all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of ​Goods and Services Act 1982 are excluded.

c) Subject to clause 10(a):

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with ​any contract between us; and

• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for goods under such contract.​

11) How we may use your personal data.

a) How we use any personal data. This is set out in our Privacy Notice:https://benmartyn.com/privacy-policy

12) Other important terms apply to our contract.

a) Our rights of assignment. We can transfer our contract with you, so that a different organisation is responsible for supplying your goods. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.

b) Your rights of assignment. You can only transfer your contract with us to someone else if we agree to this. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

c) Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

d) If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

e) Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

13) You have several options for resolving disputes with us

a) Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Consumer Arbitration via their website at https://consumerarbitration.co.uk. Consumer Arbitration will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

b) Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

c) Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.