CONSUMER TERMS AND CONDITIONS – FORAS LTD
- Foras Limited offers an in-store, online and telephone-based service for purchasing garden accessories, stone water features/planters, stone paving, and ancillaries (the “products”). The services are operated by Foras Limited (“we”). We are registered in England under the company number 5379827 and with our registered office address at Unit 3, North Lynn Business Village Bergen Way, North Lynn Industrial Estate, King’s Lynn, England, PE30 2JG. Our VAT number is 856 1395 05.
- When you place an order we will require your name, email address, valid delivery address with correct postcode and payment details. Without this information we will not be able to process your request or notify you of acceptance of your order. In line with GDPR and security laws we do not keep any card details on file, if you wish to order from us on multiple occasions you will need to provide your card details each time.
- An order may be placed in-store, online on our website, by phone on 01366 381069 or by email on [email protected].
- Where an order is placed orally, in the event of any dispute as to the order, the order confirmation on our system will be deemed as the authoritative record of the order.
- The technical steps required to create, via the website, the contract between you and us is as follows:
- You place the order for your products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by series of simple instructions on the website.
- We will send to you an automated order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Foras.
- An email confirmation is only a confirmation that we have received your order and payment. It is not acceptance of your order, and we retain the right to contact you and issue a full refund in the event of complications with your order; including but not limited to, incorrect pricing, stock availability and delivery charges.
- The technical steps required to create, via the telephone, email or instore, the contract between you and us is as follows:
- You contact us by any of the above methods expressing the wish to order and detailing the products required.
- A sales representative will discuss with you pricing and availability and any monies due for carriage in the form of a verbal or written quotation.
- By agreeing to pay, you have accepted our quotation and any conditions attached to it.
- You can request a confirmation of order via email in the form of a VAT invoice generated from our system. In store, a handwritten receipt will be given at the time of payment, with a VAT invoice following by email.
- We may not be able to fulfil any order obligations due to the following reasons and accept no liability for resulting indirect costs incurred:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- Customers who fail to reach any order criteria set out in these terms and conditions (12.8).
- A contact telephone number is also required so that we may reach you if there is a problem with your order, or if your order requires a delivery quote. We may, unless you advise us otherwise, pass this information to our couriers or other agents in case they need to contact you to arrange the processing or delivery of your order.
- Once your order has been delivered, the completion of the contract between Foras and yourself takes place. If there are any problems with your order, you will be contacted by our Customer Services Team either by email or phone. We reserve the right to reject any offer of purchase at any time.
- PRODUCT PRICING, DESCRIPTIONS, IMAGES AND ESTIMATED ARRIVALS
- All prices published are in pounds sterling and are inclusive of VAT at the prevailing rate.
- We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information, including product descriptions and stock levels, appearing on this website at a particular time may not always reflect the situation at the exact moment you place an order.
- Prices and descriptions in printed literature are subject to change and may be out of date, we will not honour pricing from printed literature if this has since become obsolete.
- The images shown online and in catalogues are for illustration purposes only. Many products are also shown with additional props, but these are not included in the sale of a product unless otherwise specified.
- DISCOUNT CODES
- Start and end dates of promotions are as per those stated on the website. Foras reserves the right to amend these dates at its sole discretion.
- Discounts will only be valid on qualifying purchases made during the stated promotional period and may be subject to a minimum spend. Unless stated otherwise, promotional codes cannot be used in conjunction with any other offer or discount.
- Selected products/ranges may be excluded from a promotional discount code, these will always include bespoke and special-order items.
- Discount prices are valid from the time displayed online and cannot be retrospectively applied to an order. If an item was purchased at full price, it will need to be returned in the appropriate way and then reordered. This will incur delivery costs to return the item(s) and a restocking fee.
- These items are not immediately available and/or are currently sold-out. Pre-order or back-order is a way of placing orders in advance and requires payment in full at time of order. Pre-Order is a stock availability-promise and ensures the pre-ordered item is reserved.
- Predicted delivery dates for pre-ordered items are for guidance only and may change due to unexpected supply chain fluctuations.
- We will contact you when we have an estimated date. Estimated delivery dates reflect when deliveries are expected to arrive at our warehouse and are also subject to change. After a date into us is confirmed, please allow a minimum of 7 days for stock to be quality control checked and booked in.
- We reserve the right to retract a pre-order product from sale. As pre-order products are paid in full at the point of order, a refund will be issued for any payment made.
- PRODUCT CHARACTERISTICS
- The nature of our stone or slate products means that the look, tone, and texture may vary, resulting in the physical stone you receive differing in appearance from that photographed in our brochure, on our website or any other marketing material. Goods are sold on the express understanding that they are natural stone or slate which is subject to formation characteristics, variations in colour, texture, and markings.
- Our vintage styled products are artisan items which are hand finished and will vary in colour and markings. This collection is sold with the understanding that they display individual characteristics and will oxidise over time which is part of the distressed charm of the product. The aging of these products does not constitute a return or refund and does not affect your statutory rights.
- PRODUCT GUARANTEES
- Some of our components are covered by their manufacturer’s own guarantees. All product guarantees or warranties are subject to correct use of the product, in accordance with both our and the manufacturers guidelines and will be invalidated by misuse. Defects or damage that are due to faulty installation, operating errors, non-use of Foras components, insufficient care, or for example, due to the use of unsuitable cleaning agents, neglected maintenance, non-intended use, damage, impact, the effects of freezing, etc. cutting off the plug, shortening the cable, calcium deposits or improper repair attempts, do not fall under the protection of any guarantee.
- We advise in our installation instructions that our pumps are installed using the 240v plug provided and not hard wired into the mains system. We will not be liable for the charges of an electrician to remove the pump in the event of a warranty claim if it has been hard wired in.
- END OF LINE
- We have very limited stock of our end of line items, and we will not be taking back orders on any of these items. Due to the fact our stock levels are updated periodically, a product may sell out during time you have placed your order and when we try to fulfil it.
- All end of line products will be subject to a physical warehouse inspection before we can confirm the order. If this does happen, we will contact you within 3 days with an alternative item or offer a refund.
- All sale items are subject to availability, and we reserve the right to cancel any promotion, offer or sale at any point.
- Products from our clearance and seconds areas are sold under caveat emptor, they are non-refundable and non-returnable unless deemed faulty.
- For tile and flagstone end of line orders, no further stock will be available beyond the end of line quantity sold. You must ensure sufficient quantity purchased to complete your intended project, as per clause 9. We will accept no liability for an incomplete project as a result of you under ordering.
- MEASUREMENTS & WASTAGE
- For tile and flagstone orders, it is important that you check your measurements carefully. Foras Ltd will not be liable for any costs incurred due to the customer not purchasing enough material. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required.
- An order should allow for wastage to cover cutting and minor imperfections as could be expected with the type of tile whether it is ceramic, porcelain, or natural stone. We usually allow +15% however complex patterns such as herringbone may require more. If you do not order enough, any replacements may not be from the same batch as the original goods.
- We can provide estimates for quantities from architect’s plans printed to scale, as a matter of course we will add 15% to our measurements for wastage. This additional 15% is non-returnable.
- As we have not carried out a survey or inspection of the installation, we cannot give any warranty as to the suitability of the goods for that, or any other given environment. If you are acting other than as the end consumer, you cannot rely on any implied or express representation, advice or information given to you by us.
- FIXING & AFTERCARE PRODUCTS
- Any advice given by us or our staff relating to fixing products and installation methods is given in good faith but should be used as a general guide only as we have not carried out a site survey and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the goods will be installed. We recommend that you take advice from a professional fitter. Foras Ltd will not be held responsible for the manner of the installation of the goods or for any damage caused during or arising from installation.
- We will not accept returns of adhesives or grouting compounds where the expiration date has passed while in the ownership of the customer. Any such items returned will not be refunded in any way.
- DESCRIPTIONS & SAMPLES
- All descriptions, images (both in print and online) are for the purpose of giving an approximate representation of the goods only. Fors substantial orders, we recommend obtaining a physical sample from us before committing.
- You acknowledge that stone goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments which are beyond our control.
- You should be aware that stone may easily be scratched and/or be subject to natural pitting/chipping. We advise you to view as much of the stone goods as possible before entering into the purchase agreement.
- You acknowledge that ceramic and porcelain tiles are subject to batch variations, and we cannot guarantee that subsequent deliveries will match. Where mixing two batches we advise using both together laid in tandem, not finishing through one before staring another.
- Payment is in full for all orders is at point of sale and not at point of dispatch. We do not accept deposits against Home & Garden sales. For Tile & Flagstone orders a 30% deposit is payable to secure stock or for us to instruct import of material as ordered specifically. This deposit is non-refundable and non-transferrable. The balance payment will be due when the goods are required for delivery or after a period of 90 days, whichever comes first. After 90 days, storage charges may apply. Please note that we will not arrange delivery until we are in receipt of cleared funds for the full order amount including delivery.
- All prices are in pound sterling, are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering the information onto our system. The total cost of your order is the price of the products ordered plus the delivery charges as applicable.
- You accept that some banks may charge you an additional fee for some transactions (for example, international transactions).
- You accept that delivery charges will vary depending on the destination you choose to have the item delivered to. For delivery destinations outside of the UK prices do not include VAT or other sales taxes.
- You accept that the delivery charges are non-refundable if you return the goods in line with the Consumer Rights as set out in clause 13 below.
- You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or costs arising due to the non-delivery of the product.
- We reserve the right to withdraw any products from sale at any time and/or remove or edit any materials or content on our website.
- We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from sale.
- To be eligible to purchase products and lawfully enter and form contracts under English law you must:
- Register by providing your real name, phone number, e-mail address, payment details and other requested information.
- Be over 18 years of age.
- Stipulate a valid and correct delivery address including postcode in the United Kingdom, EU or Non-EU (certain delivery restrictions will apply outside of the EU).
- Please note that PO box numbers and transient accommodation addresses are not acceptable.
- Possess a valid credit or debit card issued by a bank acceptable to us.
- By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
- CONSUMER RIGHTS
- Where the Customer purchases the services/goods for their personal use and not in the course of a business, the Customer will be a consumer (a Consumer). Nothing in these terms shall exclude or restrict the legal rights the Customer has as a Consumer.
- Where the Contract is made in the Customer’s home or place of work a Consumer has the additional legal right to cancel the contract before it is fulfilled or the services commenced and receive a refund. To cancel the contract the Customer must inform the supplier in writing of their desire to cancel within fourteen (14) working days of the contract being made.
- The Customer does not have the right to cancel if the goods are bespoke to the Customer’s specification.
- If the Customer has asked the supplier to begin work on the contract or order goods from a third party which are non-refundable before the expiry of the 14 day period, then the supplier is entitled to charge the Customer for the work it has undertaken and/or the goods it has ordered.
- If the Customer cancels the contract after the supplier has already started work, the Customer will pay the supplier any costs its reasonably incurred in starting work and this charge may be invoiced to the Customer.
- Consumers can obtain advice about their legal rights from their local Citizens’ Advice Bureau or trading standards office.
- Save where goods have been sourced and/or manufactured to your specific requirements, you may cancel this contract in accordance with the instructions set out below.
- You have the right to cancel this contract within 14 days without given any reason. To exercise the right to cancel you must inform us, (our contact details set out below at Clause 16), of your decision to cancel this contract by a clear statement e.g. a letter sent by post or email.
- We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If the products are specialised or customised, then no refund will be given,
- You have to bear the direct costs of returning the goods.
- BESPOKE ITEMS
- Please note that once a bespoke item has been made and supplied to you (i.e. it is made to your size & specification) you do not have the right to return it, if it is unsuitable. You do not have the right to return your item if you have provided the incorrect measurements. Please be sure of size & suitability before purchasing. This does not affect your statutory rights.
- CONTACT DETAILS
- Our address is Unit 3, North Lynn Business Village Bergen Way, North Lynn Industrial Estate, King’s Lynn, England, PE30 2JG.
- Complaints or comments: If you have any complaints about the goods or services or any aspect of the way we have dealt with your order please contract [NAME AND POSITION], either by writing to the address given at 16.1 or by email to [EMAIL ADDRESS].
- Completed orders will be sent to the delivery address that you have provided at your point of order. We cannot be held responsible if that delivery address is incorrect or incomplete and consequent re-delivery charges are incurred.
- Please note we do not deliver to PO boxes.
- If an item that you have purchased is unexpectedly out of stock, you will be contacted with an estimated delivery date, and given the opportunity to choose an alternative product or receive a refund.
- If you would like your order to be delivered outside the UK mainland, please contact us for a quote prior to placing your order. Free delivery promotions exclude deliveries to anywhere outside the UK mainland and the following postcodes:
BT1 – BT94
Orders placed for delivery to these postcodes will be contacted by Foras to provide an alternative delivery address that is included in the promotion or to pay a delivery charge. Please contact us at [email protected] if you would like us to provide a quotation to deliver to one of the excluded postcodes.
- Selected products may be exempt from the Free Delivery Promotion and multiple deliveries to different addresses may incur shipping charges.
- Foras seasonal closures and final shipping dates will be advertised on our website.
- DELIVERY DATES
- Please note the chosen delivery date arranged with Foras is NOT GUARANTEED as we use an external 3rd party haulage company and issues can occur that are beyond our control. If our supply of the goods 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. Foras Ltd cannot be held responsible for late or delayed deliveries.
- We advise that you do not arrange for a landscaper or builder to place or install the goods until those goods have arrived safely with you.
- Deliveries are not timed and will arrive between 8.00am – 6.00pm Monday to Friday, on occasion deliveries will be made outside of these times due to extenuating circumstances.
- We do not deliver on Saturdays or in a specified timeslot as standard, however we can quote for these services on an individual basis.
- SIZE OF VEHICLE
- Delivery will be made on any vehicle the depot may see fit, up to and including 26 tonne articulated lorries, unless otherwise requested. We can offer an 18 tonne or 7.5 tonne vehicle by pre-arrangement only. When delivery is booked between the customer and Foras staff it will be the responsibility of the customer to inform Foras of the size of lorry required, whether reasonable access for an 18 tonne vehicle, tighter access for a 7.5 tonne vehicle or completely free access where an articulated lorry would be ok.
- Please be aware that the 7.5 tonne lorry can only take 750kg on the tail lift so we will not be able to deliver heavier loads on this type of vehicle.
- As smaller vehicles are of limited availability, requests for these may delay your delivery by up to two working days. If you live in a particularly remote area, you may require a small van, subject to weight restrictions. This is a dedicated vehicle and will be quoted for individually. If you require a smaller vehicle there may be an additional charge applied to your order for decanting goods into smaller loads across a higher number of pallets.
- ROUTE TO YOUR PROPERTY
- Please make sure that the route to your delivery address is free from low hanging branches or obstacles (including parked cars), which may cause damage to or obstruct delivery vehicles. If you have any doubts, please call us before scheduling your delivery.
- Although a ‘bin lorry’ may be able to access the property, they often have different manoeuvrability to a delivery lorry, which will require more space and a larger turning circle.
- If your delivery is unsuccessful due to your failure to inform us fully regarding access, you will be liable to pay a re-delivery charge.
- Please check you have sufficient access to accommodate the size of the vehicle at the point of delivery. The vehicle will require a minimum opening width of 3M to access your chosen delivery address.
- If your road access cannot accommodate vehicles of this size then the goods will be delivered to the nearest safe location, at the discretion of the driver.
- All deliveries are kerbside, any further manoeuvring of the pallet onto your property is at the discretion of the driver.
- This is a 1-person delivery and drivers are not contracted to open, unpack or handle your goods further than the kerbside.
- NON-DELIVERY CONSEQUENCES
- Failure to notify us of any delivery restrictions may delay receipt of your order and may incur additional costs for failed or re-deliveries. If your order is returned to Foras after an unsuccessful delivery and subsequently cancelled, a refund will be issued on the safe return of the goods to our warehouse minus a failed delivery charge and a £50.00 handling fee.
- The driver will unload using a tail-lift offload and manual pump truck which can only be operated on a solid, hard surface: a surface free from grass or gravel and a surface which is flat and level with NO inclines / declines. If you are in any doubt, please contact us before scheduling your delivery date.
- If you have a gravel driveway your goods will be unloaded onto the nearest kerbside area of hard standing at the driver’s discretion.
- HIAB DELIVERY
- Please note that the standard delivery will not be on a Hiab vehicle, so cannot be craned off.
- There is no option to have a Hiab vehicle unless your delivery exceeds 5 tonnes, the price for this delivery will be charged dependant on weight and location and is not part of our ‘Free Delivery over £100.00’ offer (applicable to Home & Garden orders only).
- Hiab vehicles details are as follows:
- Hi-Ab (1) Length 10m / Width 2.5m / Load weight 8T
- Hi-Ab (2) Length 12m / Width 2.5m / Load weight 10T
- Artic Length 15m to 18.5m / Width 2.5m / Load weight 16T
- Access must be suitable to allow access for heavy and abnormally sized vehicles in a safe manner without causing obstruction to any public highways. The route must be free from low hanging trees, cables, gated entrances, or other obstructions which may impede the delivery vehicle.
- This type of delivery is not provided as standard and if requested a delivery quote will be sent.
- MOFFETT DELIVERY
- This type of delivery will require 1.80m width clearance.
- Although ‘technically’ delivery is kerbside we will do anything we can to help including entering the property grounds and placing the pallets where you need them so long as the driver can sensibly get the Moffett where you need it. The driver is of course responsible for his vehicle and health and safety. He will not enter your property without your express permission and provided you accept liability.
- This type of delivery is not standard and if requested a delivery quote will be sent.
- PALLET PACKAGING
- This pallet is packaged to ensure safe transit from our warehouse to your site. The packaging is not intended to be left unopened outside for a period of time and contents may get wet if exposed to rainfall. If you are not immediately unpacking/assembling the item, please ensure any consumables, grout, adhesives, sealers, paperwork and electrical components are removed from the packaging. Foras will not be held responsible for any goods damaged due to weather ingress, while being stored outside on your site.
- Neither the haulier nor Foras are liable for the removal of the packaging or the pallet, it is your responsibility to dispose of this.
- DELIVERY PROMOTIONS
- Our free delivery promotions are based on your acceptance of a standard delivery vehicle (or by prior arrangement, 18 tonne vehicles for orders up to 1000KG per pallet and 7.5 tonne vehicles for orders up to 750KG per pallet. Any other delivery method will need to be quoted for on an individual basis.
- The free delivery is one delivery per order. If you wish to split the order into multiple deliveries, the first will be free and subsequent deliveries will be charged for.
- INTERNATIONAL DELIVERY
- Please note that international deliveries will incur additional delivery charges based on the final weight and size of the packaged orders.
- If you order goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- LIGHT ITEM DELIVERY- COURIER
- We use various couriers for items under 25kg.
- Depending on the courier used, this may be a signed-for service, if you are not in to take the delivery, a calling card will be left for you to re-arrange delivery. If you fail to contact the courier company within the required timescale, that the goods will be returned to Foras and be signed for upon receipt. A re-delivery charge will be incurred to re-dispatch to you.
- If you wish for your item to be left in a safe place on your property, please state this when ordering. While we can arrange this, neither Foras nor our 3rd party courier company will be held responsible in the event of damage or loss of the item.
- Delivery of larger items to further reaches of the UK can incur extra postage costs. Please contact us at [email protected] to discuss this before placing your order.
- RECEIPT OF HEAVY GOODS
- Please make sure you are available to receive the order and sign for the material or have made prior arrangements for a responsible third party to do so on your behalf.
- INSPECTING AND UNPACKING YOUR DELIVERY
- FORAS products are produced from natural stone or slate, and we take great care to insure they reach you in good condition which means they are quality inspected at source and boxed in very substantial boxes. The boxes are very robust as their primary function is to protect the goods inside. We supply the following different packaging:
- Wooden crate boxes secured with nails.
- Ply boxes secured with screws.
- Cardboard boxes with plastic straps.
- Opening the nailed boxes does require a steel leverage bar. We recommend removing the top panel of the box first to access and inspect your product.
- Foras are not obligated to retrieve or dispose of any pallets or packaging the goods arrive in.
- Benches should be removed from the crate via the top, taking the legs out first (the top of the box is defined by the end that does not have the support struts for the forklift tongs).
- Please Note: stone products are heavy and must be lifted by a minimum of two people. If you are in doubt as to your ability to lift your product, please cease your attempt and acquire extra help. Foras will not be liable for injuries obtained by improper lifting technique or your over-estimation of your lifting capability.
- Stone is extremely robust however care should be taken not to catch any exposed sharp edges when putting them together or taking them out of the box.
- Our benches do not need fixing or gluing as the bench top is heavy enough to secure itself into place. When the two pieces come together, knocking them or rough handling can cause chipping to the bench seat and legs. This will not be accepted as a basis for a return.
- BIRD BATHS
- Single bird bath bowls are delivered in cardboard boxes and can be removed by opening the box with a knife or with scissors.
- Birdbaths should be removed from the top, with the stone lifted vertically to avoid any extreme pressure or damage on the edges of the bowl.
- Bird bath bowls are solid stone and are heavy, please take care when lifting and if in any doubt please ask for assistance from another person.
- If the Bird bath has been supplied with a plinth this will be shipped on a pallet. Care must be taken when removing items from the pallet, do not drop or drag the plinth as this may cause chipping to the edges for which Foras will not be liable.
- WATER FEATURES
- Water features are delivered on a pallet and will be wrapped in black plastic for security purposes. This wrapping is not waterproof or weatherproof and will not protect the water feature should it be left outside for a period of time. Arrangements should be made to keep the feature under cover if there will be a delay between delivery and installation.
- Stone features will be delivered in a wooden crate, this will need to be opened with the use of a prybar and other tooling as required. Acrylic and slate features may be in cardboard boxes or black wrapped.
- The reservoir tub may contain the other components of your water feature, please remove any electrical items (such as the pump) and paperwork and store in a dry location. Foras will not be liable for damage to components occurring when left outside and open to the elements.
- Inspect all pieces of stone for damages within 24hrs of delivery, PRIOR to assembly. When assembling, lift each component into position carefully, as the weight could damage the finish on the edges. We are not liable for any damage caused during installation or reported after the 24hr period unless we have been previously notified of your intention to delay unpacking.
- CLAIMS PROCEDURE
- At Foras we want you to be delighted every time you shop but if for some reason you are not totally satisfied with your purchase then you can return it to us in its original unused condition and packaging along with your completed returns form within 14 days for a refund, any return delivery costs will not be refunded.
- If you return an item which is not faulty and wish a replacement, both the return and replacement delivery costs are to be paid by the customer.
- We cannot be responsible for interest charges made by your credit card company whilst waiting for returns to be refunded to your card / bank account.
- If you did not receive a returns form with your order, please print a new form. Any items returned without a returns form or order number may not be refunded. Please contact [email protected] with any enquiries.
- For pallet deliveries a return delivery charge will apply, please contact Foras to obtain this rate. This should be paid to Foras who will arrange the collection of the returned items.
- It is your responsibility to package the items securely and in such a way that they will not be damaged in transit. Foras Ltd will not be liable for items damaged in transit where they have been packaged by the customer.
- Goods are quality inspected before being boxed, claims for damaged or defective goods will only be considered if reported within 24 hours of the delivery and unpacked according to the guide provided. If the goods are obviously damaged upon receipt, you can refuse to accept the delivery, although you must take photographs of the damages and send them to us at [email protected]. If you accept the delivery and find damage upon unpacking, stop immediately and report to Foras. All goods should be checked by inspecting when opening the top panel of the box first and BEFORE being removed from the box.
- Please retain packaging until you have thoroughly checked the condition of your goods and are satisfied. Should you wish to return your goods this packaging will be required and Foras are not obligated to provide packaging for returns should you have disposed of the original packaging. Foras are also not liable for any costs incurred should the goods need to be repackaged.
- 9 If you are NOT going to check your order within 24 hours of the goods arriving, please ensure you notify Foras by email to [email protected] failure to do so may affect your right to refund or replacement.
- ACCEPTED CLAIMS
- If a claim is accepted, the damaged goods will be collected. They must be prepared for collection in their original packaging on the original pallet to ensure safe passage back to our warehouses.
- We will not accept goods unless they are in their original packaging for transportation. If they are not a) packaged ready for collection (at the agreed time) b) you are not there for the driver to collect. You will be charged a re-collection fee.
- The damaged goods need to be returned BEFORE replacement goods (if applicable) are re-distributed.
- We will endeavour to redeliver products as soon as we can, but timing for returns is subject to warehouse activity. As our business is seasonal the warehouse can get very busy. You will be contacted and given a reasonable timeline for the collection and delivery.
- The same method of delivery will be used to re-dispatch your replacement item. For pallet deliveries someone must be available to sign for the goods.
- Foras will not be responsible for any cost incurred for loss of earning or installers to be on site during this collection/re-delivery day.
- RETURN OF SURPLUS TILES
- We cannot accept the return of tiles which are ‘special order’. ‘Special order’ tiles are those which are not stocked by us or part of a core line. You will be informed if the tiles chosen are ‘special order’. These tiles are non-returnable and non-refundable.
38.2. If you wish to return any unused tiles from our stock or core lines, we can only accept at our discretion, complete boxes still sealed in their original packaging, or complete crates of stock, as delivered. We cannot accept back stock ‘sorted’ and repackaged, nor do we accept partial boxes or crates.
38.3. Where a return of surplus tiles has been approved by us, we will charge a 20% restocking charge against any credit made, to cover our costs.
38.4. It is your responsibility to return the surplus tiles to our site. While we can arrange collection from your location, this cost will be discounted from any credit due to you. Any returns must be prepared for collection in their original packaging on the original pallet to ensure safe passage back to our warehouses. In all instances, you must contact our returns team first before returning any tiles.
- LIMITATION ON LIABILITY OF GOODS
- If the goods we deliver are not what you ordered, are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem. You should notify us within five working days of the delivery of the goods in question.
- If you do not receive goods ordered by you, you should notify us within five working days.
- If you notify a problem to us under this condition, our only obligation will be, at your option:
- To make good any shortage or non-delivery;
- To replace any goods that are damaged or defective; or
- To refund to you the amount paid by you for the goods in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund you the amount paid by you for the goods in question as per Clause 36.3.3 above.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any right you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- Confidentiality information refers to any data or information which would reasonably be of a personal and highly confidential nature to the customer including, but not limited to, personal access details such as alarm codes, garage access codes, that are not generally known by others and where the release of that confidential information could reasonably be expected to cause potential harm or loss to the customer.
- We agree that we will not disclose, divulge, revel, report or use, for any purpose, any confidential information which we have obtained, except as authorised by the customer or as required by law. The obligations or confidentiality will apply during the term of the contract and will survive indefinitely upon termination of this contract. All written and oral information and material disclosed or provided by the customer to us under this contact is confidential information regardless of whether it was provided before or after the date of this contract or how it was provided to us.
- DATA PROTECTION
- The following definitions apply in this clause 37:
- Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organizational measure: as defined in the Data Protection Legislation.
- Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
- Domestic Law: the law of the United Kingdom or a part of the United Kingdom.
- Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 37 is in addition to, and does not relieve, remove, or replace, a party’s obligations or rights under the Data Protection Legislation.
- The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller and the Supplier is the Processor.
- Without prejudice to the generality of clause 37.2, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier and/or lawful collection of the Personal Data by the Supplier on behalf of the Customer for the duration and performance by the Supplier on behalf of the Customer for the duration and purposes of the Contract.
- Without prejudice to the generality of clause 37.2, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under the Contract:
- Process that Personal Data only on the document written instructions of the Customer unless the Supplier is required by Domestic Law to otherwise process that Personal Data. Where the Supplier is relying on Domestic Law as the basis for processing Personal Data, the Supplier shall promptly notify the Customer of this before performing the processing required by the Domestic Law unless the Domestic Law prohibits the Supplier from so notifying the Customer;
- Ensure that it has in place appropriate technical and organizational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that confidentiality, integrity, availability and resilience of its systems and services, ensures that availability of and access to Personal Data can be restored in a timely manner after an incident, any regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
- Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
- Not transfer any Personal Data outside the UK unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
- the Customer or the Supplier has provided appropriate safeguards in relation to the transfer;
- the Data Subject has enforceable rights and effective legal remedies;
- the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
- the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of Personal Data.
- Assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
- Notify the Customer without undue delay on becoming aware of a Personal Data Breach.
- At the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Contract unless required by Domestic Law to store the Personal Data; and
- Maintain complete and accurate records and information to demonstrate its compliance with this clause 37.
- FORCE MAJEURE
- Force Majeure means – was, hostilities (whether war be declared or not), invasion, act of foreign enemies, riot, civil commotion, or disorder; any form of government intervention, strikes and lock outs relevant to the contract; delays by sub-contractors or suppliers; any other circumstances upon the reasonable control of either of the parties. Including pandemics.
- If either party is prevented or delayed from or in performing any of its obligations under the contract by Force Majeure then it may notify the other of the circumstances constituting the Force Majeure and of the obligations performance of which is thereby delayed or prevented, and the party giving the notice shall be excused the performance of such obligation for so long as the circumstances of prevention may continue.
- If either party shall be excused the performance of any obligation for a continuous period of 60 days then either party may at any time thereafter and provided such performance is still excused by the notice to the other terminate the contract.
- ENTIRE AGREEMENT
- These terms and conditions, together with the information detailed on your order, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson, agent, employee, partner or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- Unless otherwise agreed in writing these terms and conditions will govern all contracts for the sale of our goods. Any qualification or modification of these conditions and any other conditions which the customer may seek to impose will not apply unless expressly accepted by us in writing.
- If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- GOVERNING LAW AND JURISDICTION
- This contract any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- Each party irrevocably agrees that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation.
- THIRD PARTIES
- For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- ACCEPTANCE OF THESE TERMS
- These provisions set out the terms and conditions on which you may make use of the foras.co.uk website (the “Site”) by accessing the Website and/or placing an order whether as a guest or a registered user (“Customer Terms”).
- By using this site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
- We may update these customer terms (and the documents referred to in them) from time to time. You should review these terms and conditions periodically for changes.
- What is Clearpay?
Clearpay is a payment service that lends customers a fixed amount of credit to make purchases instantly and then pay for them in 4 automatic instalments, made every 2 weeks, without any interest (late fees apply).
The service is provided by Clearpay Finance Ltd.
- How do I use Clearpay?
Just shop on the Foras Online Store and check out as normal. At checkout, choose the Clearpay payment method. You will be directed to the Clearpay website to register and provide payment details (Visa, Mastercard or Amex).
If you’ve used Clearpay before, just log in to your Clearpay account.
Then complete your order!
- Where can I use Clearpay?
Take a look at the Clearpay Shop Directory to check out our amazing partners where you can use Clearpay.
- Who can use Clearpay?
Clearpay is only available to permanent UK residents aged 18+ (excluding Channel Islands) with a UK billing address.
Customers with international billing addresses will not be able to use Clearpay or create a Clearpay account.
Other eligibility criteria apply. See Clearpay Terms of Service for further details.
- How does the Clearpay payment schedule work?
Clearpay will split the total value of your order into 4 instalments payable every fortnight. The exact amounts and dates will be displayed for you to agree to before you confirm your purchase.
If you would like to make additional unscheduled payments before they are due, you may log into your Clearpay account to make your payments early. Clearpay will then adjust the amount owed accordingly.
You can log in to your Clearpay account anytime to view your payment schedule or make a payment before the next due date.
- What if I can’t pay a Clearpay instalment?
If you cannot make a payment, please contact Clearpay here.
As soon as you miss a payment, Clearpay will immediately stop you from making any further purchases with Clearpay.
Clearpay will give you until 11pm on the following day to make your repayment and then you will incur a late fee if you are still not able to make the payment by then. This will be an initial £6 and a further fee of £6 if the missed payment is not made within 7 days. If your order is less than £24, the total late fee will be £6. If your order is £24 or over, total late fees will not exceed 25% of the total order or £36, whichever is less.
Clearpay debt may be passed to a debt collection agency and this may affect your ability to use Clearpay in future. We encourage you to use Clearpay responsibly. Please see Clearpay Terms of Service for further details.
- When will my items be delivered if I use Clearpay?
Clearpay orders are delivered within our standard delivery timeframes like any order from the Foras Online Store.
- Is there a limit to how much I can spend on a single Clearpay transaction?
Yes, your order value including shipping must be between £1 and £1000 to use Clearpay. Your maximum order value may be lower depending on factors such as being a new customer or your payment history.
- Can I use another form of payment with Clearpay?
Yes, you may also use a gift card or promotional code with Clearpay to pay for your purchase.
- How do I return or exchange an item purchased with Clearpay?
Items purchased with Clearpay follow our standard return process.
Please note, refunds for Clearpay purchases will be refunded from the Foras Online Store to Clearpay. We cannot provide an exchange or cash refund.
When the refund is processed, any upcoming payments you have to Clearpay will be cancelled and any payments you have already made will be refunded back to the card you paid with. Please note that until the merchant has confirmed receipt of any return goods, you will be liable to continue to make your payments to Clearpay.
You can view the details by logging in to your Clearpay account.
- Where can I find out more about Clearpay?