Polhus – General terms and conditions
Last updated: 2023-01-16
ABOUT US AND THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which Polhus Aktiebolag ("we" or "us") supplies products to you (including those your order from our website: https://www.polhus.co.uk/). These terms and conditions apply to the supply of both goods and services except where specified to apply to one or the other.
1.2 Why you should read these terms. 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 you and we may change or end this 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 if you have any questions about them, please contact us to discuss.
1.3 The latest version of these terms is available on our website. We may update our general terms from time to time (but the terms that apply to your order will be the version in force at the date you submit that order). The latest version of these terms will be available on our website at https://www.polhus.co.uk/general-terms-and-conditions-i-16. We also confirm the key information to you in writing after you order.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Polhus Aktiebolag, a company registered in Sweden at registered address Djäknegatan 31, 211 35 Malmö (organisation number 556624-0296). We design and sell wooden houses (such as garden houses, saunas, garden rooms and playhouses).
2.2 How to contact us. You can contact us by telephoning our customer service team at 01625 682250 or by writing to us at firstname.lastname@example.org or at our registered office (which is set out under clause 2.1 above).
2.3 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 HOW WE WILL MANAGE YOUR ORDER
3.1 We only accept orders when we have checked them. Our acceptance of any order made by you (whether or not we have previously provided a quotation) will take place when we contact you to accept the order. At this point, a contract will come into existence between you and us.
3.2 Sometimes we reject orders. Sometimes we reject orders, for example because:
(a) a product is unexpectedly out of stock,
(b) you are located outside our delivery areas (as stated on our website);
(c) the route to your delivery address is not suitable for heavy loads and/or cannot support the mode of delivery or bearing capacity for the products you have ordered;
(d) the product was mispriced by us.
When this happens, we let you know as soon as possible and refund any sums you have paid.
3.3 These are the only terms that apply to your contract. All quotations are made and orders are accepted subject to these terms. No other terms and conditions apply to your contract with us. You should not rely on any statement, representation, warranty or assurance made or given by us (on our behalf) that is not set out in the contract (however, this does not limit our liability for fraudulent misrepresentation).
4.1 For orders completed through our website:
(a) The price is shown on our website. Where you buy a product from our website, the price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see sub-clause (b) for what happens if we discover an error in the price of the product you order.
(b) What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4.2 Where we provide you with a quote: If we have provided you with a quote, the quote will be valid for 14 days from the date of the quote (unless otherwise stated). If you do not order the relevant product(s) within this timeframe, then this quote will expire unless we tell you otherwise (and, where this is the case, we will provide you with a new quote on request).
4.3 Prices do not include delivery costs unless this is stated otherwise. We will provide free delivery for all orders over GBP 99 for delivery within mainland England, Scotland and Wales. In all other cases, we will inform you of the cost of delivery during the order process with the exception that if your delivery address is on an island without a fixed road connection then additional shipping costs may be payable. We will notify you of this extra cost after you place your order; however, if you want information about the cost before ordering, please contact our customer service team using the details provided at clause 2.2, and we will find out what the cost will be and let you know.
4.4 Prices do not include toll fees incurred during delivery of your product. The cost of any tolls incurred during delivery will be invoiced to you after delivery; however, we will only pass these costs along to you where there was no route to access your delivery address without incurring the toll cost.
4.5 We pass on increases in VAT. If the rate of VAT changes between your order date and the date we supply the product, 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.
5.1 How and when you must pay:
(a) Where you complete an order through our website. You will be asked to select your payment method and provide relevant payment details during the order process. We accept payment by the methods set out in the table below.
When we will take payment
(i) Debit or credit card (Mastercard or Visa).
Where you pay through methods (i) to (iv), we will take payment from you when we accept your order.
(ii) BACS direct debit.
(iii) PayPal (where you select this payment option, you should also refer to the terms and conditions provided by PayPal that will be in place between you and PayPal – we are not responsible for your payment arrangements with PayPal).
(iv) Trustly direct payments, which will prompt you to select and log in to your bank, choose which account you want to pay from and confirm the payment via your preferred authentication method (where you select this payment option, you should also refer to any terms and conditions provided by Trustly that will be in place between you and Trustly – we are not responsible for your payment arrangements with Trustly).
(v) Klarna (where you select this payment option, you should also refer to the terms and conditions provided by Klarna that will be in place between you and Klarna – we are not responsible for your payment arrangements with Klarna).
Where you pay through Klarna, an invoice will be issued to you at the time your order is dispatched. You will pay at the time you pay the invoice through an accepted payment method.
(vi) Our 'prepayment' option, where we will provide you with an email containing our payment details to your email address on the day we accept your order. Where you select this option, you then pay us by bank transfer using the details we have provided.
Where you pay through this method, we will take payment from you when you transfer the payment amount using the details we have confirmed to you in our email. If you do not transfer the full amount to us within 45 days of the date of receipt of this email, then we will cancel your order (unless we have agreed otherwise in writing).
(b) Where we provide you with a quote. If you purchase products after we have provided a quote, we will send you an order confirmation. You can then pay using any of the payment methods set out under (i) to (v) above. We will send the invoice to you on the day we accept your order. You must pay this invoice within 45 days of the date of the invoice unless we have agreed otherwise in writing.
5.2 We charge interest on late payments. If we are unable to collect any payment you owe us then we charge interest on the overdue amount at the rate of 2% 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.
5.3 We charge you if you do not give us information we need. We may charge you additional sums if:
(a) you do not give us information we have asked for about how we can access your property for delivery, installation or to provide services;
(b) you have given us an incorrect delivery address;
(c) the conditions at, or the route to, your delivery address does not meet the requirements that we inform you about in advance (in particular, see the delivery requirements set out under clause 7.3 and 7.4);
(d) you are not available for the unloading of your order on the date you ask us to deliver it; or
(e) if you do not do preparatory work for installation, as agreed with us.
For example, we might need to re-deliver on another vehicle or with extra manpower or reschedule services.
6 OUR PRODUCTS
6.1 Products and drawings can vary slightly from their pictures. A product's true colour may not exactly match that shown on your device or in our marketing, and its packaging may be slightly different. In addition, the pictures of manuals and drawings shown on our website and/or other marketing materials are for illustrative purposes only and may differ from the manuals and drawings applicable to your product. We reserve the right to make changes to manuals and drawings at any time and position indications for cabin assembly may vary between different product batches. The correct drawing and/or manual for your particular product will be included in the delivery of your product and you should only rely on the drawing and/or included in your delivery.
6.2 You are responsible for making sure your measurements are accurate. If we are making or supplying the product to measurements you provide, you are responsible for making sure those measurements are correct. You can find information and tips on how to take measurements by contacting us at 01625 682250 or email@example.com.
6.3 You are responsible for storing products after they are delivered. We will not be responsible for damage (such as mould damage) that occurs due to incorrect or improper storage after delivery or after the kit has been assembled. We will provide storage instructions with your delivery and you must store products in accordance with those instructions. You can also access information on how to store your products here: https://www.polhus.co.uk/tips-advice-and-assembly-guides-i-20.
6.4 You must keep the packing information sheet that comes with your delivery. This sheet states the date of manufacture and the names of the packers who carried out the quality inspection of your product before it left our warehouse. It is important that you retain this as the information from the sheet is needed in the event of any issues with your product.
7.1 Where we will deliver. We will deliver to the delivery address you provide to us during the order process. However, please note that delivery to an address on an island without a fixed road connection may involve additional shipping costs (see paragraph 4.3 above for more information). Where your address is located on such an island, you can instead choose to place your order to be delivered to the port on the mainland that is closest to the island. However, you will then be responsible for transporting the product from the port to your address and we will not be responsible for any damage to or loss of the products that occurs after we have delivered them to the port. Where you submit an order to a location that we cannot deliver to, we will reject your order and refund you any amounts paid.
7.2 WHEN WE WILL PROVIDE PRODUCTS
(a) Deliveries may be made in instalments where you have ordered accessories. Some of our accessories are delivered by external suppliers and we cannot guarantee that delivery of these accessories will take place at the same time and on the same day as products delivered by us. We will notify you during the order process where your order includes one of these accessories. Where you have ordered accessories that will be delivered by an external supplier, that supplier will notify you about the expected delivery timeframe.
(b) When Polhus will deliver goods. Where you have ordered goods that Polhus will deliver (rather than goods that will be provided by external suppliers – see clause 7.2(a) above), we will provide you with an estimated date of delivery during the order process.
(c) When Polhus will provide assembly services (if you have ordered these). Where we have agreed to provide assembly services to you, we will let you know during the order process when we will provide these.
7.3 CONDITIONS REQUIRED FOR DELIVERY
(a) How we will deliver goods. Our delivery vehicle will drive as close to your delivery address as possible to make your delivery. Unfortunately, we will not be able to carry the goods into your property and unloading on delivery generally includes the goods being unloaded from the transport vehicle to a place within reach of the transport vehicle.
(b) Delivery methods. We will make your delivery either using a truck-mounted crane or as a "Smart Package", which involves delivery by a truck with a tail lift and unloading with pallet jacks. We will determine whether your order will be delivered as a "Smart Package" or using a truck-mounted crane. We will inform you before you submit your order which of these delivery options will apply and the requirements for delivery of those items.
(c) Conditions for delivery of Smart Packages: Smart Packages cannot be delivered on roads that are uneven, such as gravel roads or forest roads.
(d) Truck-mounted crane deliveries: Products that require delivery by crane truck will be dropped off at the unloading site at your address and delivery pallets will be lifted onto the ground next to the truck (which requires a flat and hard surface when unloading). We cannot deliver on soft surfaces, such as grass, where the heavy vehicle risks getting stuck. The driver will assess where it is safe to unload the goods. The maximum reach of the crane is 10 m (32 ft) and the goods will be delivered within this range of the unloading site.
7.4 You must confirm that your delivery address meets the applicable delivery conditions. We will inform you before you submit your order what conditions are required for us to deliver the product to you. By submitting your order, you confirm that:
(a) if applicable, you have obtained any required permission from the relevant road association(s) for the delivery of the products you have ordered;
(b) your delivery address meets the delivery requirements for the product you have ordered (as set out under clause 7.3(c) and/or 7.3(d), as applicable – we will also notify you of these requirements during the order process).
7.5 We are not responsible for delays outside our control. If our supply of your product 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 will not compensate you for the delay, but if the delay is likely to be substantial then you can contact our customer service team: at 01625 682250 or by writing to us at firstname.lastname@example.org to end the contract and receive a refund for any products you have paid for in advance, but not received (less reasonable costs we have already incurred).
8 WHEN YOU HAVE A RIGHT TO CHANGE YOUR MIND
8.1 Your legal right to change your mind. For most of our products, 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. However, you cannot change your mind in some circumstances, including about an order for:
(a) services that you have expressly asked us to perform within the 14-day cooling off period. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind;
(b) goods that are made to your specifications or are clearly personalised; and
(c) goods which become mixed inseparably with other items after their delivery.
8.2 The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
(a) the day we deliver your product, if it is goods (e.g. a wooden home). If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
(b) the day we confirm we have accepted your order, if it is for a service.
8.3 How to let us know. To let us know you want to change your mind, you can contact our customer service team at 01625 682250 or by writing to us at email@example.com or fill in the model cancellation form that is provided at the schedule attached to these terms.
8.4 You have to return the product at your own cost. If your product is goods (e.g. a green house, sauna or garden room), you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the product back to us at BLRT Transiit, Kopli 103, 11712 Tallin, Estonia, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the goods at all or within a reasonable time we will not refund you the price. For help with returns, including our collection arrangements for goods which cannot be posted, you can contact our customer service team at 01625 682250 or by writing to us at firstname.lastname@example.org
8.5 We reduce your refund if you have used or damaged a product. If you handle the product in a way that would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", the packaging is damaged or accessories are missing. You will also be responsible for any damages that occur during the transport of returned items (unless we have collected the goods from you). In some cases, because of the way you have treated the product, no refund may be due.
8.6 When and how we refund you. If your product is a service, or goods that have not been delivered or that we are collecting from you, we refund you as soon as possible and within 14 days of you telling us you have changed your mind. If your product is goods that you are sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you have sent them to us). We refund you by the method you used for payment. We do not charge a fee for the refund.
9 IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
9.1 Please check your product on delivery. On delivery, we encourage you to check whether there are any visible defects or damage to your product. If there are, please take pictures from different angles and let us know about the issue.
9.3 We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Remember too that you have several options for resolving disputes with us (see clause 14).
(a) If your product is goods, we will honour our legal duty that these must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(i) Up to 30 days: if your goods are faulty, then you can get a refund.
(ii) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
(iii) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
(b) If your product is services, you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
9.4 We only refund standard delivery costs. We do not refund any extra you have paid for express delivery or delivery at a particular time.
10 WHEN WE CAN MAKES CHANGES OR SUSPEND OR WITHDRAW PRODUCTS
10.1 Changes we can always make. We can always change a product:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to make minor technical adjustments and improvements (but these changes will not affect your use of the product).
10.2 We can suspend the supply of a product. We do this to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product (see clause 10.1).
Where we do this, we will let you know, we may adjust the price and may allow you to terminate. We contact you in advance to tell you that we are suspending our supply, unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you do not pay for it while its suspended. If we suspend supply, or tell you we are going to suspend supply, for more than three months you can contact our customer service team at 01625 682250 or by writing to us at email@example.com to end the contract and we will refund any sums you've paid in advance for products you won't receive.
11 WHEN WE CAN END OUR CONTRACT WITH YOU
We can end our contract with you for a product and claim any compensation due to us if:
(a) you do not make any payment to us when it is due and you still do not make payment within 45 days of our reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
(c) you do not, within a reasonable time, allow us to deliver the product to you.
12 WE DO NOT COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS
12.1 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
(a) unexpected: it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
(b) caused by a delaying event outside our control as long as we have taken the steps set out in clause 7.5 (We are not responsible for delays outside our control);
(c) avoidable: something you could have avoided by taking reasonable action; or
(d) a business loss: it relates to your use of a product for the purposes of your trade, business, craft or profession.
13 WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
You can access our privacy notice here: https://www.polhus.co.uk/privacy-notice-i-115
14 YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
14.1 Our complaints policy. Our customer service team will do their best to resolve any problems you have with our products. You can register your complaint at www.polhus.co.uk/claims. In order to be able to help you as quickly as possible, it is important that we get all the information needed to know which part your complaint relates to, so please include the following information when registering your complaint:
(a) Packing date
(b) Current packing number
(c) Names of the people that have packed your product (this will be specified on the information sheet provided with your product)
(d) Photographs of any faults and damage to products
(e) Reason for return: e.g. Two items were damaged
(f) Date of purchase: e.g. 22.04.2006
(g) Location of purchase: e.g. Polhus
(h) Product name: e.g. Pw3330/45
(i) Part number: e.g. Pos 12
(j) Quantity: e.g. 2 of 22 damaged
(k) Order number
14. 2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. 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. We can claim against you in the courts of the country you live in.
15 OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
15.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You can only transfer your contract with us to someone else if we agree to this. We may not agree if we have concerns that that person will be unable to meet the obligations under this contract, including payment.
15.3 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.
15.4 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.
15.5 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 are not allowed to, but that doesn’t mean we cannot do it later.
SCHEDULE - MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Polhus AB, Djäknegatan 31 211 35, Malmö, Sweden, 01625 682250, firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate