1.1 “Business Customer” means a customer who is not a Consumer.
1.2 “Consumer” means an individual who is not acting for the purposes of his or her business or profession.
1.3 “Customer” includes both “”Business Customer” and “Consumer” and “you” or “your”.
1.4 Also referred to as “we”, “us” or “our” in these terms and conditions.
1.5 “Goods” means the articles that the Customer agrees to buy from At Height.
1.6 “Normal Working Hours” means 9 am to 5 pm on a Working Day.
1.7 “Working days” means Monday to Friday, excluding Bank or other Public holidays.
2.1 All orders for Goods on the web site are accepted by At Height subject to these terms and conditions of sale. No other terms will
apply to the supply of Goods by At Height unless agreed in writing.
2.2 Every care has been taken to describe and portray Goods on this website accurately using current technology, but variations in actual Goods may occur.
2.3 At Height may correct any errors in its website without liability to the Customer. The advertising of products in the website merely constitutes an invitation by At Height for the Customer to make an offer to purchase Goods.
3.1 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these terms and conditions and are subject to acceptance by At Height. We may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Customer are not available from stock the Customer shall be notified and given the option to wait until the Goods are available from stock, receive a carefully selected alternative of equal or superior quality at no extra cost or cancel the order and receive a full refund within 30 days. This shall be the sole remedy of the Customer in these circumstances.
4. Price and Payment
4.1 The price of the Goods shall be that stipulated on the website.
4.2 Prices are quoted in British Pounds (GBP) and exclude VAT, shipping charges and other taxes which, where applicable, must be paid by you in addition to the price and which will be listed with the total cost of your order.
4.3 After the order is received At Height shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price (which includes VAT) and delivery charges must be made in full before dispatch of the Goods.
5. Rights of At Height
5.1 At Height reserves the right to periodically update prices on the website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order.
5.2 At Height reserves the right to withdraw any Goods from the website at any time.
5.3 At Height shall not be liable to anyone for withdrawing any Goods from the website or for refusing to process an order.
6. Delivery, Title and Risk
6.1 Goods supplied within or outside the UK will normally be delivered within 7 working days of acceptance of order. Business Customers are referred to clause 6.5.
6.2 We shall use our reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods shall be made to the Customer’s address specified in the order and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 Title in the Goods does not pass to the Customer until payment is received in full by At Height, however risk of loss or damage is passed on to the Customer on delivery of Goods.
6.5 In the case of a Business Customer, if we are unable to deliver the Goods within 30 days of the agreed delivery date, the Customer will, as its sole and exclusive remedy, be entitled to cancel the order and require any monies paid to At Height in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to At Height after the above date but before delivery of the Goods or notification from At Height that the Goods are ready for delivery. This Clause does not apply to Consumers.
6.6 In the case of Business Customers, At Height does not accept liability for shortages or damage to deliveries unless the Customer notifies At Height of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
6.6.1 Business Customers are required to be able to accept the Goods when they are ready for delivery within Normal Working Hours.
6.7 For courier shipments only: Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. At Height shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
6.8 Where the Customer requests goods to be sent by Royal Mail or expressly instructs At Height to leave goods without requiring At Height to obtain a Proof of Delivery, delivery shall be deemed to have been successfully completed on despatch by At Height.
7. Warranties & Returns Please note that special terms apply to Consumers who
wish to return goods, which prevail over the provisions of this Clause 6.
7.1 At Height is committed to providing our Customers with the highest quality products. However, on rare occasions, products may be
found to be faulty or defective. In such cases we offer the returns facilities described below.
7.2 If you are not a Consumer, subject to the other provisions of these terms and conditions, we warrant that upon delivery the Goods will be of satisfactory quality within the meaning of Sales of Goods Act 1979. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without our consent.
7.3 If you purchase Goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law.
7.4 In the event that At Height, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply) agrees to accept the return for credit of unwanted Goods, the Goods must be returned with At Height’s prior written agreement within 7 days of delivery. The Goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply) will be subject to a 25% re-stocking fee of At Height’s sale price for the Goods in addition to two way carriage costs (subject to a minimum of £10). Please ensure that the product(s) you have purchased are to your specification prior to breaking the manufacturer’s seals. This will avoid disappointment and the product(s) being rejected, should you wish to return them.
7.5 No contract shall be cancelled once accepted by At Height nor shall any Goods which are delivered in accordance with the contract be returned without our prior written approval and on terms to be determined at the absolute discretion of At Height.
8. Limitation of Liability
8.1 In its dealings with Business Customers, At Height shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not limited to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Subject to and without prejudice our liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
8.2 Nothing in this agreement shall limit At Height’s liability for death or personal injury caused by its negligence.
9.The Consumer Protection (Distance Selling) Regulations 2000
9.1 Contracts for the purchase of Goods by a Consumer not acting in the course of a business and made over the telephone or through our website, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’).
9.2 If the Regulations apply, Consumers may cancel Goods purchased from us by sending a written notice of cancellation by post to Customer
Services at At Height, Camberwell Business Centre, 99-103 Lomond Grove, London SE5 7HN or by email at email@example.com
9.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods.
9.4 The right to cancel does not apply to Goods made to your specification. No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason
9.5 The Customer will be responsible for the cost of returning the Goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the Goods to At Height, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
9.6 The Customer is under a duty to retain possession of the Goods whilst awaiting return to At Height and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the Goods if he or she fails to comply with this obligation.
10. Errors & Omissions
10.1 We make every effort to ensure that all prices and descriptions quoted on our website are correct and accurate. In the case of a manifest error or omission, At Height will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Our liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by At Height after the manifest error has been discovered.
10.2 A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
11. Force Majeure
At Height shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of its obligations in respect of the goods, if the delay or failure was due to any cause beyond At Height’s reasonable control including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and At Height shall be entitled to a reasonable extension of its obligations.
12. General terms of business
12.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
12.2 If any provision in this Agreement is held to be invalid or unenforceable by any court, tribunal or administrative body, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
12.3 No Waiver our failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions
12.4 The headings are for convenience only and shall not affect the interpretation of this Agreement.
12.5 Assignment. You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
12.6 Customer Service queries – At Height shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business Customer/Consumer has made within 48 hours of receipt of any such query. We shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Business Customer/Consumer reasonably notified of any progress thereafter.
12.7 Third Party (Rights) Act 1999 No third party shall be allowed to enforce any rights under this contract. The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
13. Our Contract
If you place an order online to purchase a product from us we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we deliver the product to you. Any products on the same order which we have not delivered to you do not form part of that contract. We reserve the right not to accept any order.
14. Description of Goods
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. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.
The supply of goods from this website is subject to availability and it is not always possible for us to inform you at the time you place your order whether the goods you want are still available for purchase. In the case of this happening a carefully selected alternative may be sent, or a refund may be given.
Goods, in the absence of specified notification and/ or at your request will normally be dispatched within two to five working days of placing your order. Whilst we make every effort to deliver goods within such timescales, however, some delays are inevitable. We shall not be liable for any delay that you may suffer in this regard. If we are unable to deliver your goods within thirty days of your order, you may cancel your order and get a full refund.