There are no items in your basket
This page (together with our Privacy Policy and Terms of Website Use tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website ("our site") to you.
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We recommend that you print off a copy of these Terms because they are easier to read in paper form. We also recommend that you keep a copy for your records. These Terms are only available in the English Language.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.1 We operate the website www.customcovers.co.uk. We are Custom Covers (1984) Ltd, a company registered in England and Wales under company number 1710336 and with our registered office at Quayside Road, Bitterne Manor, Southampton SO18 1AD. Our VAT number is GB 3827951 14.
1.2 Contacting us if you are a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to print and complete the cancellation form on our website, found here. If you use this method we will email you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the back of these Terms as a schedule. You can also email us at sales@customcovers.co.uk or contact our sales team by telephone on 023 8033 5744 or by post to Quayside Road, Bitterne Manor, Southampton SO18 1AD. If you are emailing or writing to us please include details of your order to help us identify it. If you send us your cancellation notice by email or post, then your cancellation is effective from the date you send us the email or post the letter to us.
1.2.2 If you wish to contact us for any other reason, including because you have a complaint, you can contact us by telephone or by e-mail using the contact details given above.
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our sales team at 023 8033 5744 or by e-mailing us at sales@customcovers.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Whilst all reasonable efforts are made by us to maintain consistent sizing, colour and quality of the Products during the manufacturing process, we will not be liable to you for any slight variations or inconsistencies.
2.3 Due to the nature of the Products, we shall not be liable under any circumstances to you for any inherent tendency of the fabrics to fade under the effect of sunlight or to lose colour by soiling.
2.4 Whilst all reasonable efforts are made to use materials best suited to your requirements, we shall not be liable to you for the life of the fabrics supplied, the colour fastness of the fabrics, or for any biological or atmospheric degradation of the Products.
3.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms and our Privacy Policy and Terms of Website Use constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy and Terms of Website Use.
4.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.1 This clause 7 only applies if you are a consumer.
7.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the product.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel in accordance with clause 1.2.1 above.
7.5 If you cancel your Contract we will:
7.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
7.5.3.1 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.8;
7.5.3.2 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card or debit card used by you to pay.
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
7.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us at our business premises or hand it to our authorised carrier. Please see our FAQs page for our returns address, information about our authorised carrier and how to arrange a return. If we have offered to collect the Product from you, we will collect the Product from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
7.8.2 unless the Product is faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
7.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.10 Note that your right of cancellation under this clause 7 shall not apply where you have ordered Products which are made to your specification or are clearly personalised.
8.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
8.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
8.3 Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
9.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.1 You can only pay for Products using a debit card or credit card via our merchant account.
10.2 Payment for the Products and all applicable delivery charges is in advance.
11.1 This clause only applies if you are a business customer.
11.2 You have 14 days from the date of delivery of the Products to notify us of any non-delivery, shortage or any other defect in those Products. Thereafter the Products shall be deemed accepted by you.
12.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects provided written notification of any defect is promptly given to us after its discovery and in event not later than the end of such 12 month period. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
12.2.1 fair wear and tear;
12.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
12.2.3 if you fail to operate or use the Products in accordance with the user instructions;
12.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
12.2.5 any specification provided by you.
12.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.4 In respect of Products not manufactured by us, we shall endeavour to assign for your benefit such rights (including guarantee or warranty rights) as we have against such manufacturer but shall not be liable for such Products beyond this clause 12.4.
12.5 We reserve the right to require that all faulty Products be returned to us. In that event, we shall refund the cost of carriage by normal means on returned Products and the required or replacement Products will be delivered free of charge by us to the location of the faulty Products. Where Products are repaired or replaced under this clause they will be considered as having been delivered at the same time as the original Products for the purposes of clause 12.1.
12.6 If you are a business customer, our sole liability to you for breach of this clause 16 shall be, in the case of defective Products, at our option, to repair or replace the Products or any part thereof or refund the price of such Products at the pro-rata contract rate. Our liability under this clause 12 shall be in lieu of any warranty or condition express or implied, whether by statute or otherwise, including, but without limitation, any implied warranties as to satisfactory quality or fitness for purpose.
13.1 This clause 13 only applies if you are a business customer.
13.2 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
13.3 Nothing in these Terms limits or excludes our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.3.4 defective products under the Consumer Protection Act 1987.
13.4 Subject to clause 13.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.4.1 any loss of profits, sales, business, or revenue;
13.4.2 loss or corruption of data, information or software;
13.4.3 loss of business opportunity;
13.4.4 loss of anticipated savings;
13.4.5 loss of goodwill; or
13.4.6 any indirect or consequential loss.
13.5 Subject to clause 13.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14.1 This clause 14 only applies if you are a consumer.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.4.1 death or personal injury caused by our negligence;
14.4.2 fraud or fraudulent misrepresentation;
14.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.4.5 defective products under the Consumer Protection Act 1987.
15.1 As between you and us, all intellectual property rights in the Products shall be owned by us.
15.2 We licence all such rights to you free of charge on non-exclusive, worldwide basis to such extent as is necessary to enable you to make use of the Products.
15.3 You warrant that any design or instructions furnished or given by you in connection with the Products shall not cause us to infringe the intellectual property rights of any third party.
15.4 You fully indemnify us against any loss, liability or cost (including legal costs) arising from, or incurred by reason of, any infringement or alleged infringement of the intellectual property rights of any third party by reason of the manufacture or sale of the Products to you by us.
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than three months. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17.1 Any information which we disclose to you relating to the Products, which is not in the public domain at the time of disclosure, shall be confidential and shall not be disclosed to any third party or used by you to enable you to manufacture the Products or use the same as a springboard to develop your own products.
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
18.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
18.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
18.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
© 2018 Custom Covers (1984) Ltd. Quayside Road, Bitterne Manor Southampton SO18 1AD.
