Terms of Sale – GB Foam – Foam Cut To Size
(1) Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
(2) Interpretation
In these terms of sale, “we” means GB Foam Direct a trading name of G & B Foam (High Wycombe) Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: “(i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then complete your contact details and delivery address information (iii) you must then select your preferred method of delivery and confirm your order and your consent to these terms and conditions; (iv) you will be transferred to the PayPal website, and PayPal will handle your payment; (v) we will then send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Please note, we reserve the right to refuse orders at our discretion.”
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.[1]
The only language in which we provide these terms of sale is English.
Should you make an input error when placing an order, please call us immediately so we can make any relevant changes necessary.
(4) The products
G&B Foam (High Wycombe) Limited provide a range of foam cut to size products and accessories via their website www.gbfoamdirect.co.uk
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you will/may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by Paypal, Credit, Debit Card online and by Cheque either over the counter or by Post, and by Cash over the counter only OR any method detailed on the website.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are resident in England or Wales; and
(e) you are at least 18 years of age.
(7) Delivery policy
If delivery is selected at the checkout, we will arrange for the products to be delivered to the address for delivery indicated in your order. (Delivery is only to the door of your delivery address)
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 working days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date and we use 3rd party couriers, further details included in delivery section. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation. We reserve the right to add additional time for processing your order should the order be very large – we will contact you to discuss should this be required.
All goods are examined in detail by us prior to despatch to ensure that they leave our factory in perfect condition. However, transit damage unfortunately can occur. If your purchase is showing obvious signs of transit damage upon delivery, please notify us immediately while the delivery driver is still there (Tel – 01494 441177). If damage is only evident upon opening of packaging, then you must inform us within 24 hours of receipt.
Next day delivery is available in 90% cases however we cannot accept liability for late deliveries by third party couriers – we do guarantee to process and despatch your order in good time for collection via couriers
We will only deliver products within the United Kingdom unless prior agreement is made.
Please see our delivery section for more details regarding delivery.
(8) Tolerance Policy
We ask all customers to fully unpackage their order once received and allow it to sit for a period of 24 hours before checking tolerances. If there are size related issues pertaining to your order, please report it within 48 hours of receipt.
Please note that you should not allow foam to remain wrapped for long periods of time as this may cause the foam to permanently compress below the standard manufacturing tolerance. Because foam is a flexible product, we operate to a tolerance of +/- 5mm in all dimensions. This applies to all of our foam grades.
(9) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(10) “Cooling off” period
You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to: (i) the supply of goods made to your specifications or clearly personalised; or (ii) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them, including all packaging, the product must not be used in any way. Products returned by you in accordance with this Section will be refunded in full (excluding the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we will pass that expense on to you.
For more details please read our Returns Policy which gives details information regarding bespoke Cut to Size orders.
(11) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(12) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Our Liquid Vehicle wrap products are fully guaranteed against faults in manufacture. No warranty is made in respect of commercial rather than domestic use. This guarantee does not apply to faults caused by accident, neglect or misuse.
(13) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
(14) Force Majeure
Neither party shall be liable to the other for any loss or damage which may be suffered by the other party, or for any failure to perform its obligations under the Contract, to the extent that such failure is due to any event of Force Majeure. A party affected by a Force Majeure Event shall promptly notify the other of the occurrence of a Force Majeure Event including the effect and likely duration of the circumstances constituting the Force Majeure Event, use its reasonable endeavours to remedy, or mitigate the effect of the Force Majeure Event and continue to perform its obligations under the Contract to the extent possible during the period of the Force Majeure Event.
(15) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
In some circumstances it may be necessary for us to laminate (glue) the thickness of your foam – this will only be top to bottom, so will have no effect on the quality of your foam replacement.
For some larger items, we may be unable to provide stockinette and dacron – the width of stockinette and dacron is limited (we will inform you if we are unable to provide this for your order).
In cases where an order exceeds foam block sizes, it may be necessary to provide your order in multiple parts. For maximum foam block sizes please refer to the sizes specified on our upholstery foam sheets page.
For Outdoor Reticulated Foam Cushions – We recommend a minimum UV50+ rating for all cover materials used for outdoor upholstery. Reticulated foam is not UV stable. As such, exposure of the foam to UV light will cause premature cushion fatigue. This process is not reversible, ensure minimal UV light exposure.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [13]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(16) About us
Our full name is G&B Foam (High Wycombe) Limited T/A GB Foam Direct (GB Foam Direct is a Trading name only of G&B Foam (High Wycombe) Limited
Our registered office is G & B Foam (High Wycombe) Limited, The Clock House, Station Approach, Marlow, Buckinghamshire, United Kingdom, SL7 1NT, Company No. 01263665
Our company registration number is 01263665.
Our email address is sales@gbfoam.com
Our VAT number is 385 8271 13