Terms & Conditions

These Terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

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

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

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

Information about us and how to contact us

2.1 Who we are. We are Out Of The Valley Ltd a company registered in England and Wales. Our company registration number is 11322441 and our registered office is at Weir Mill, Drewsteignton, Exeter, Devon, EX6 6QA, United Kingdom. Our registered VAT number is GB 302231274.

2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0) 1647 245 390 or by writing to us at mail@outofthevalley.co.uk or Weir Mill, Drewsteignton, Exeter, Devon, EX66QA

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.

Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order reference. We will assign an order reference to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Our products

4.1 Products may vary slightly from their specification. We will provide you with a specification of the products we will provide to you. The specification will form part of the contract and will be agreed between us in light of your requirements. The specification will align with your quote however please note that your product may vary slightly from the specification. We have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated are subject to variation. We will keep you informed of any major deviations from the specification.

4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.

Your rights to make changes

5.1 Please read the specification carefully, make sure it includes everything you require and you are happy with the price.

5.2 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes

6.1 Changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security or structural threat.

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product in the specification, we may make changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

Providing the products

7.1 Delivery costs. The costs of delivery will be advised to you in the specification.

7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

(a) When we deliver the products.

(i) We require clear access to the delivery location.

(ii) We need you to make sure that the delivery area is clear and we will advise you of the space to unload we require.

(iii) We will not accept liability if you have not ensured the access is clear, delivery area clear and adequate space provided.

(iv) We do not accept liability for any damage caused by low hanging branches or obstacles on route to the delivery location.

(v) Our product quote includes the reasonable costs associated with delivery of the product. If there are any expected issues with delivery we reserve our right to charge you for this additional time.

(vi) We may require specialist equipment for the install such as a telehandler, the hire of such equipment is not included in the project quote.

(vii) We may need your assistance with unloading the products and we will discuss this with you beforehand.

(viii) Generally if you can make sure everything is clear and easy to get to we don’t expect any issues. Photos of the delivery area are always of assistance.

(b) If the products are one-off services. We will begin the services on the date set out in the schedule. We will also let you know the estimated completion date for the services and will keep you informed of any changes to this.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We put together a build schedule for your project, due the size and bespoke nature of your project we cannot be responsible for any delays to your product that are outside of our control, we will keep you informed of any changes to the scheduled completion date.

7.4 Groundworks, utilities and legislation. Whether you are a business customer or otherwise, you acknowledge and accept that you are responsible for (and that we shall have no liability to you in respect of):

(a) all groundworks in respect of siting the Products at the Delivery Location;

(b) arranging, connecting and payment for utilities services in respect of the Products (e.g. gas, electricity, plumbing, heating);

(c) the acts, decrees, legislation, regulations or restrictions of any government which include letting, renting and planning permission;

(d) denial of service attacks or other types of attacks that are directed toward the infrastructure that supports the Site and/or our computer systems;

(e) any type of outage or service degradation relating to the unavailability of a financial institution including, but not limited to, issuers and/or acquirers or any third party switch or processing system; or

(f) any failure or service outage that falls outside of our control.

7.5 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at the time we have advised you.

7.6 If you do not allow us access to provide services. If you do not allow us access to your property to deliver the products as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result.

7.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.8 When you own goods. You own a product which is goods once we have received payment in full.

7.9 Permission to use. The product and all intellectual property rights in it including but not limited to any material we provide to you are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors (if appliable) reserve all of our and their rights in any intellectual property in connection with these terms. This means, for example, that we and they remain owners of them. If, for example, we want to use pictures of the product for promotional purposes we will use the images we take when we deliver the product unless agreed otherwise. We remain fully committed to privacy and will not disclose details as to the location or address of the project. We acknowledge and agree to you taking and using photographs of all areas of the product, to include but not be limited to internal and external features and floorplan, for rental and venue promotion and sale.

7.10 We do not grant you any legal rights in the product other than as necessary to enable you to make use of and enjoy the product. You will not own or acquire any intellectual property rights, to the extent you do so, all such rights are assigned to us and vest in us automatically but we go give you permission to use these rights to make use of and enjoy the product.

7.11 Permission to use. We grant you permission to use the material provided with the product for the sole purpose of using the product. You warrant that you will not use such material for any other purpose and that you will not provide such materials (or copies thereof) to any third party without our prior written consent and you will keep such materials confidential.

7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, dimensions and colouring preferences. If so, this will have been stated in the specification. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

7.14 If we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.

7.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.6).

Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;

8.2 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on +44 (0) 1647 245 390 or email us at mail@outofthevalley.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the form at Schedule 1 of these terms.

(c) By post. Print off the form at Schedule 1 of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

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

(d) you do not, within a reasonable time, allow us to supply the services.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs of labour and any materials ordered for your product we will incur as a result of your breaking the contract

9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

10. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team.

11. Your rights in respect of defective products if you are a consumer

11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) arrange for a third party to return the products to us in a reasonable time frame without damage while in your possession or in transit.

Your rights in respect of defective products if you are a business

12.1 If you are a business customer we warrant that on delivery any products which are goods shall:

(a) conform with their description and any relevant specification;

(b) be free from material defects in design, material and workmanship;

(d) be fit for any purpose held out by us.

12.2 Subject to clause 12.3, if:

(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;

(b) we are given a reasonable opportunity of examining such product; and

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

12.3 We will not be liable for a product’s failure to comply with the warranty in clause 12.1 if:

(a) you make any further use of such product after giving a notice in accordance with clause 12.2(a);

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

(d) you alter or repair the product without our written consent; or

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

12.4 Except as provided in this clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 12.1.

12.5 These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.

Price and payment

13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price we indicate to you on the specification and we will use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.

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

13.3 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 unmistakable 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.

13.4 When you must pay and how you must pay. We accept payment in all usual ways. When you must pay depends on what product you are buying:

(a) For goods, we will advise you of our payment requirements as part of the payment schedule. Generally we ask that you make an advance payment before we commence any work which includes initial site visits and initial concept sketches. We will set out a payment schedule for your project and invoice you in alignment with that. You must pay each invoice within 7 calendar days after the date of the invoice.

(b) For services, we will advise you of our payment requirements as part of the payment schedule. Generally we ask that you make an advance payment before we commence any work. We will set out a payment schedule for your project and invoice you in alignment with that. You must pay each invoice within 7 calendar days after the date of the invoice.

13.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

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

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

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

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987

14.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.

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

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

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

(b) fraud or fraudulent misrepresentation;

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

(d) defective products under the Consumer Protection Act 1987; or

(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.3 Subject to clause 15.1:

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

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

How we may use your personal information

16.1 How we will use your personal information. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

16.2 Our privacy policy is available at www.outofthevalley.co.uk/privacy-policy

16.3 Other important terms

16.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 21 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

16.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.6 Nobody else has any rights under this contract. . This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.7 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

16.9 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16.10 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. It is our preference to resolve any dispute by way of alternative dispute resolution.

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