SANCTUM LIVING
TERMS AND CONDITIONS OF SALE AND SERVICE
1. About us
1.1 Sanctum is a trading name of Sanctum Living Ltd, a company registered in England and Wales under company number 15892565.1.2 Our registered office is:SBC House
Restmor Way
Wallington
Surrey
England
SM6 7AH
1.3 Our VAT registration number is 474879232.1.4 You can contact us:by telephone on 0161 399 0037; by email at contact@sanctumliving.co.uk; or by post at the registered office shown above.
1.5 References in these terms to “Sanctum”, “we”, “us” or “our” mean Sanctum Living Ltd.1.6 References to “you” or “your” mean the person, company or organisation purchasing goods or services from us.
2. Consumer and business customers
2.1 You are a Consumer where you are an individual purchasing goods or services wholly or mainly for purposes outside your trade, business, craft or profession.
2.2 You are a Business Customer where you purchase goods or services wholly or mainly for use in connection with a trade, business, profession, property investment, rental property, serviced accommodation, development, refurbishment or other commercial activity.2.3 A limited company, partnership, landlord, property investor, developer, letting business or other commercial organisation will normally be treated as a Business Customer.2.4 Certain provisions of these terms apply only to Consumers or only to Business Customers. Where this is the case, the relevant clause will say so.2.5 Nothing in these terms excludes or restricts any statutory rights that cannot lawfully be excluded or restricted.
3. Application of these terms
3.1 These terms govern the supply by us of:
a. furniture, furnishings, appliances, accessories and other goods;
b. delivery, assembly, installation, dressing, removal, disposal, storage and related services; and
c. design, specification, sourcing and furniture-pack services.
3.2 These terms apply to orders placed through our website, by email, by telephone, through a quotation, proposal or invoice, or by any other agreed method.
3.3 Any quotation, proposal, specification, order confirmation or agreed schedule forms part of the contract.
3.4 If there is a conflict between these terms and a written quotation or order confirmation, the following order of priority will apply:
a. any written amendment expressly agreed by both parties;
b. the order confirmation;
c. the accepted quotation or proposal; and
d. these terms.
3.5 Any terms supplied by a Business Customer, including terms contained in a purchase order, will not apply unless we expressly agree to them in writing.
4. Quotations and formation of the contract
4.1 Unless stated otherwise, a quotation remains valid for 14 days from its date.
4.2 A quotation is not an offer capable of acceptance and may be withdrawn or amended before we confirm the order.
4.3 Your order constitutes an offer to purchase the specified goods and services.
4.4 A binding contract is formed when we:
a. issue written confirmation accepting your order;
b. issue an invoice following acceptance; or
c. begin purchasing, manufacturing, reserving or supplying goods or services with your authority,whichever occurs first.
4.5 You must check the quotation, specification, quantities, measurements, finishes, delivery address and service requirements before confirming the order.
4.6 You are responsible for ensuring that the goods and services selected are suitable for your intended purpose, except where you have expressly informed us of a particular purpose and relied on our written recommendation.
4.7 Any estimated images, mood boards, plans, renders or visual representations are illustrative. Actual colours, grain, texture, dimensions and finishes may vary due to manufacturing tolerances, natural materials, lighting and screen settings.
5. Measurements, plans and property information
5.1 Unless we have expressly agreed to carry out a measured survey, you are responsible for providing accurate:
a. room dimensions;
b. doorway, corridor, staircase and lift dimensions;
c. floor plans;
d. access information;
e. utility and connection details; and
f. property restrictions.
5.2 Where we prepare a furniture plan or layout using measurements supplied by you or a third party, you are responsible for checking and approving its accuracy before ordering.
5.3 We are not responsible for additional costs or losses arising from inaccurate or incomplete information supplied by you, your agent, tenant, contractor, managing agent or another third party.
5.4 Approval of a specification, quotation, plan, finish schedule or product list constitutes confirmation that the listed items, quantities and details are correct.
6. Products and substitutions
6.1 Product descriptions and images are provided for identification and illustration.
6.2 Minor variations in shade, grain, pattern, finish, dimension or construction may occur and will not constitute a defect where they do not materially affect normal use.
6.3 Natural materials may contain variations, knots, markings and differences in tone.
6.4 If a product becomes unavailable, discontinued or subject to an unreasonable supplier delay, we may propose a substitute of broadly comparable quality, appearance and value.
6.5 We will obtain your approval before making a material substitution.
6.6 Where you reject a reasonable proposed substitute, we may remove the unavailable item from the order and refund the amount paid for that item.
6.7 Manufacturers may change product specifications without notice. We are not responsible for immaterial manufacturer changes outside our reasonable control.
7. Prices and VAT
7.1 Prices will be those stated in the accepted quotation, proposal, order confirmation or invoice.
7.2 Unless expressly stated otherwise, all prices are exclusive of VAT, which will be charged at the applicable rate.
7.3 Delivery, installation, assembly, storage, removals, waste disposal, parking, congestion charges, tolls and other additional services are charged separately unless expressly included.
7.4 If the scope, quantities, access arrangements or requested services change after acceptance, we may issue a revised quotation or variation charge.
7.5 Obvious pricing or calculation errors may be corrected before delivery. If the correction materially increases the price, you may cancel the affected item before it is supplied.
8. Payment
8.1 Payment terms will be set out in the quotation or invoice.
8.2 Unless we have agreed credit terms in writing, all sums must be paid in cleared funds before goods are ordered, released, delivered or installed.
8.3 Deposits and staged payments will be applied toward supplier commitments, procurement, administration, design work, labour and other costs of fulfilling the order.
8.4 You must pay invoices without deduction, withholding, counterclaim or set-off, except where required by law.
8.5 Ownership of goods will not pass to you until we have received full payment of all sums due under the relevant order.
8.6 Risk in the goods passes in accordance with clause 14.
Business Customers
8.7 If a Business Customer fails to pay an invoice when due, we may:a. suspend procurement, delivery, installation or other services;b. withhold goods;c. cancel any credit facility;d. charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable; ore. alternatively charge interest at 8% per annum above the Bank of England base rate, accruing daily.8.8 The Business Customer will reimburse our reasonable costs of recovering overdue sums, including debt-recovery and legal costs, to the extent permitted by law.
9. Changes to an order
9.1 Requests to change an accepted order must be made in writing.
9.2 A requested change is not binding until we confirm it in writing.
9.3 Changes may result in:
a. additional product or labour costs;
b. administration or restocking charges;
c. loss of supplier deposits;
d. revised delivery dates; and
e. additional delivery or installation visits.
9.4 We may refuse a requested change where goods have already been ordered, manufactured, customised, dispatched or allocated.
10. Delivery dates
10.1 Any delivery or completion date is an estimate unless we expressly agree in writing that it is a fixed or essential date.
10.2 Delivery times may depend on manufacturers, distributors, transport providers, property access, third-party contractors and other matters outside our direct control.
10.3 We will use reasonable efforts to meet estimated timescales but will not be responsible for reasonable delays outside our control.
10.4 We may deliver an order in instalments where reasonably necessary.
10.5 A delay affecting one item does not entitle you to cancel unaffected goods or services, except where you have a statutory right to do so.
10.6 Consumers retain any statutory rights relating to late delivery.
11. Your delivery responsibilities
11.1 You must ensure that:
a. the delivery address is correct;
b. the property is safe, accessible and ready;
c. suitable parking and loading access are available;
d. lifts, loading bays, concierge access and permits have been arranged;
e. corridors, stairways, doorways and rooms are clear;
f. floors and vulnerable surfaces are appropriately protected;
g. building management has authorised access where necessary;
h. all relevant keys, fobs and access codes are available; and
i. an authorised person is available where required.
11.2 You must tell us in advance about:a. restricted access;b. stairs or the absence of a suitable lift;
c. parking restrictions;d. time-restricted loading bays;
e. construction-site requirements;
f. permits, inductions or personal protective equipment;
g. unusually heavy, fragile or oversized items; and
h. any health and safety hazards.
11.3 You are responsible for confirming that the goods will fit through all access points and into their intended location, unless we have expressly undertaken a measured access survey.
11.4 We may decline to carry out delivery or installation where our team reasonably considers that access or working conditions are unsafe.
12. Failed or aborted deliveries
12.1 A delivery or installation may be treated as failed or aborted where:
a. no authorised person or access arrangement is available;
b. keys, access codes or permissions are unavailable;
c. the property is unsafe or not ready;
d. goods cannot reasonably pass through the available access;
e. parking or unloading is not reasonably possible;
f. other contractors prevent us from carrying out the work;
g. the agreed room is inaccessible; or
h. information supplied by you was inaccurate or incomplete.
12.2 In these circumstances, you may be charged our reasonable additional costs, including:
a. waiting time;
b. redelivery;
c. return transport;
d. storage;
e. additional labour;
f. parking and access charges; and
g. supplier restocking or cancellation costs.
12.3 We will inform you of any applicable charges before arranging a return visit where reasonably possible.
13. Delivery only service
13.1 Where you purchase a delivery only service, goods will normally be delivered to the entrance, doorstep, loading area or other location agreed in writing.
13.2 Delivery only service does not include:
a. carrying goods to individual rooms;
b. assembly;
c. installation;
d. connection of appliances;
e. removal of packaging; or
f. removal of old furniture,unless expressly stated in the order.
13.3 You are responsible for inspecting goods and reporting any visible shortage or transit damage as soon as reasonably possible.
13.4 Business Customers should notify us of visible delivery damage or shortage within 48 hours, supported by photographs and delivery documentation. This notification period does not exclude liability that cannot lawfully be excluded.
14. Risk, ownership and custody
14.1 Risk in goods passes to you:a. when delivery is completed;b. when goods are collected by you or your carrier; orc. where delivery cannot be completed because of your breach, when we first attempt delivery.
14.2 Ownership does not pass until we have received full payment for the goods and all other sums due under the relevant order.
14.3 Until ownership passes, Business Customers must:
a. keep the goods identifiable as our property;
b. keep them properly stored and insured;
c. not sell, pledge or dispose of them; and
d. allow us reasonable access to recover them following non-payment, subject to applicable law.
14.4 Risk passing to you does not affect any rights relating to genuinely defective goods.
15. Assembly and installation
15.1 Assembly and installation services include only the work expressly specified in the order.
15.2 Unless agreed otherwise, installation does not include structural works, electrical works, plumbing, gas work, wall reinforcement, flooring repairs or alterations to the property.
15.3 We will perform services with reasonable care and skill.
15.4 You must ensure that the property’s walls, floors, utilities and existing structures are suitable for the proposed work.
15.5 Where an item requires wall fixing, you must inform us of known concealed pipes, cables, underfloor heating, fragile surfaces or unusual wall construction.
15.6 We may refuse to fix an item to a surface that our team reasonably considers unsuitable or unsafe.
15.7 Appliance connection is limited to connection to existing, suitable and accessible services unless specialist installation is expressly included.
15.8 We do not carry out gas work or specialist electrical work unless this is expressly agreed and undertaken by a suitably qualified person.
15.9 Minor making-good, decoration or repair following installation is not included unless expressly stated.
16. Inspection and completion
16.1 You or your authorised representative should inspect the completed delivery and installation where reasonably possible.
16.2 Signing a delivery note, completion note or digital confirmation records apparent completion but does not remove rights relating to defects that could not reasonably have been identified at that time.
16.3 Visible delivery, installation or property damage should be reported to us promptly and supported by photographs.
16.4 Consumers retain all statutory rights.
16.5 Business Customers must notify us of:
a. visible shortages or damage within 48 hours; and
b. alleged installation defects within 7 days of completion, where those matters were reasonably capable of being identified during that period.
16.6 Failure by a Business Customer to notify us within these periods may be considered when determining when and how the issue arose, but will not exclude liability where it would be unreasonable or unlawful to do so.
17. Removal and disposal services
17.1 Removal or disposal applies only to items identified and accepted by us in advance.
17.2 Additional charges may apply where the quantity, size, weight, condition or location of items differs from the information supplied.
17.3 We may refuse to remove:
a. hazardous materials;
b. contaminated items;
c. items containing personal possessions;
d. fixtures connected to utilities;
e. excessively heavy items; orf. anything that cannot be safely or lawfully transported.
17.4 You confirm that you own, or have authority to dispose of, all items handed to us for removal.
17.5 Once removed for disposal, items cannot normally be recovered.
18. Consumer cancellation rights
18.1 This clause applies only to Consumers entering into a distance or off-premises contract where statutory cancellation rights apply.
18.2 A Consumer may normally cancel an order for goods within 14 days beginning on the day after the goods are received.
18.3 For an order consisting of multiple deliveries, the cancellation period normally begins on the day after the final item is received.
18.4 To cancel, the Consumer must send us a clear statement by email or post before the cancellation period expires.
18.5 After cancellation, the Consumer must return the goods within 14 days unless we have agreed to collect them.
18.6 Unless the goods are defective or we agree otherwise, the Consumer is responsible for the direct cost of return.
18.7 We may reduce the refund to reflect any reduction in value caused by handling beyond what would reasonably be permitted in a shop.
18.8 We may withhold the refund until we have received the goods or evidence that they have been returned.
18.9 Where required by law, we will refund the standard outbound delivery charge. Additional or premium delivery charges are not refundable beyond the cost of our least expensive standard delivery option.
18.10 Consumer cancellation rights do not normally apply to:
a. goods made to the Consumer’s specifications;
b. clearly personalised or customised goods;
c. goods that become inseparably mixed with other items after delivery;
d. sealed goods that are unsuitable for return for health-protection or hygiene reasons once unsealed; or
e. other goods or services excluded by applicable legislation.
18.11 The absence of original packaging does not automatically remove statutory cancellation rights. However, the Consumer must take reasonable care of the goods and may be responsible for diminished value caused by excessive handling or inadequate return packaging.
19. Cancellation of services by Consumers
19.1 A Consumer entering into a distance or off-premises service contract may normally cancel within 14 days after the contract is formed.
19.2 Where the Consumer asks us to begin services during the cancellation period, the Consumer must expressly request early performance.
19.3 If the Consumer subsequently cancels after services have begun, we may charge a proportionate amount for services properly supplied up to cancellation.
19.4 Where a service has been fully performed during the cancellation period following the Consumer’s express request and acknowledgement, the Consumer may lose the right to cancel that completed service where permitted by law.
20. Business Customer cancellations
20.1 Business Customers do not have an automatic cooling-off period.
20.2 A Business Customer may not cancel an accepted order unless we agree in writing.
20.3 Where we agree to cancellation, the Business Customer must pay our reasonable losses and costs arising from the cancellation, including:
a. goods already ordered or committed;
b. non-refundable supplier charges;
c. manufacturing or customisation costs;
d. delivery and return costs;
e. restocking charges;
f. design and administration work;
g. labour already allocated or performed; and
h. other direct losses reasonably incurred.
20.4 We will take reasonable steps to reduce avoidable losses, including attempting to reuse or resell standard goods where reasonably practicable.
20.5 Bespoke, personalised, made-to-order or specially sourced goods may be non-cancellable and non-refundable once procurement or manufacture has begun.
21. Change-of-mind returns
21.1 Any return outside statutory Consumer cancellation rights is subject to our prior written approval.
21.2 Unless the goods are defective, approved returns must normally be:
a. unused;
b. unassembled;
c. complete;
d. undamaged;
e. in suitable resaleable condition; and
f. securely packaged.
21.3 We may refuse a discretionary return or make a reasonable deduction for:
a. diminished value;
b. missing parts;
c. assembly;
d. damage;
e. collection;
f. repackaging; and
g. supplier restocking charges.
21.4 Mattresses, bedding, upholstered items and other hygiene-sensitive products may not be returnable once opened or used, except where defective or where statutory rights apply.
22. Defective goods and statutory rights
22.1 Goods supplied to Consumers must comply with applicable statutory requirements, including requirements concerning satisfactory quality, fitness for purpose and correspondence with description.
22.2 Services supplied to Consumers must be performed with reasonable care and skill.
22.3 Nothing in these terms reduces a Consumer’s statutory rights.
22.4 Business Customers receive the rights expressly stated in the contract together with any rights that cannot lawfully be excluded.
22.5 A fault will not be treated as a defect where it results from:
a. fair wear and tear;
b. accidental damage;
c. deliberate damage;
d. misuse or neglect;
e. abnormal or inappropriate use;
f. use contrary to manufacturer instructions;
g. exceeding a stated or reasonable weight or load limit;
h. jumping, impact or rough handling;
i. moving or dragging assembled furniture;
j. dismantling or reassembly by anyone not authorised by us;
k. unauthorised repair, adjustment or alteration;
l. failure to maintain, inspect or retighten fittings where reasonably required;
m. unsuitable flooring, walls, utilities or environmental conditions;
n. water, damp, heat, infestation or contamination;
o. damage caused by tenants, occupants, guests, contractors or other third parties; orp. failure to stop using an item after a fault becomes apparent.
23. Our 12-month commercial warranty
23.1 In addition to any statutory rights that apply, we provide a 12-month warranty beginning on the delivery date against defects arising from faulty materials, manufacture or workmanship.
23.2 This warranty applies only to the original purchaser and is not transferable without our written agreement.
23.3 The warranty applies only where:
a. the goods have been paid for in full;
b. the goods have been used for their intended purpose;
c. reasonable care and maintenance have been carried out;
d. the goods have not been altered or repaired without approval; and
e. the claim procedure in clause 24 is followed.
23.4 Where our team assembled or installed an item, the warranty also covers faults caused by our defective workmanship.
23.5 Where goods were assembled or installed by the customer, tenant, another contractor or any unauthorised third party, the warranty does not cover faults arising from that assembly or installation.
23.6 The warranty does not cover the circumstances listed in clause 22.5.
23.7 Repair or replacement under this warranty does not restart the original 12-month warranty period. A repaired or replacement item will remain covered for the remainder of the original warranty period or any longer period required by law.
23.8 This commercial warranty does not affect a Consumer’s statutory rights.
24. Warranty and defect claims procedure
24.1 You must notify us promptly after discovering an alleged fault.
24.2 You must take reasonable steps to prevent further damage and stop using any item that may be unsafe.
24.3 We may request:
a. the order or invoice number;
b. photographs and video;
c. photographs of the entire item and surrounding area;
d. photographs of fixings, supports, labels and damaged parts;
e. an explanation of when and how the issue arose;
f. details of who was using the item;
g. confirmation of whether the item was moved, altered, dismantled or repaired;
h. confirmation of any relevant weight or loading;
i. access for inspection; and
j. retention of all broken parts and fittings.
24.4 You must not dispose of, repair, dismantle or materially alter the item after reporting a claim unless:a. this is reasonably necessary for safety; orb. we authorise it in writing.
24.5 We must be given a reasonable opportunity to inspect and investigate the alleged defect.
24.6 A report from a tenant, occupier, guest or third party will not by itself establish the cause of the fault. We may investigate the circumstances and request supporting evidence.
24.7 Where the cause is unclear, we may refer the matter to the manufacturer, supplier or an independent specialist.
24.8 If the claim is valid, we may, where lawful and reasonable:
a. repair the item;
b. supply replacement parts;
c. replace the item;
d. repeat or correct defective installation work;
e. provide a price reduction; or
f. issue a refund where repair or replacement is unavailable, unsuccessful or otherwise required.
24.9 We will normally be entitled to attempt a reasonable repair or replacement before issuing a refund, subject to any overriding statutory Consumer rights.
24.10 If inspection establishes that the claim resulted from misuse, damage, alteration, lack of maintenance or another excluded cause, we may charge the reasonable cost of:
a. inspection;
b. call-out;
c. labour;
d. replacement parts;
e. delivery; and
f. repair, provided the relevant charge is explained before paid work is undertaken.
25. Manufacturer warranties
25.1 Certain goods may benefit from a manufacturer’s warranty.
25.2 Manufacturer warranties are subject to the manufacturer’s own terms and claim procedure.
25.3 Where appropriate, we may administer a manufacturer claim on your behalf or ask you to provide information required by the manufacturer.
25.4 A manufacturer’s decision does not automatically determine our legal obligations to a Consumer.
25.5 For Business Customers, our liability in relation to a manufacturer defect may, where reasonable and lawful, be satisfied by providing the repair, replacement, credit or refund made available by the manufacturer or supplier.
26. Property damage
26.1 You should inspect the property after delivery or installation and report any alleged damage promptly.
26.2 Claims should include dated photographs and a description of the damage.
26.3 We are not responsible for:
a. pre-existing damage;
b. concealed defects;
c. damage caused by inadequate access;
d. damage caused by unsafe or unsuitable walls, floors or fittings;
e. damage caused by inaccurate information;
f. unavoidable minor marking consistent with the agreed work; org. damage caused by third parties.
26.4 We may inspect any alleged damage before repairs are arranged.
26.5 You must not incur repair costs on our behalf without giving us a reasonable opportunity to inspect and remedy the issue, except where urgent action is reasonably required to prevent injury or further serious damage.
27. Storage
27.1 Where delivery is delayed at your request or because the property is not ready, we may arrange storage subject to availability.
27.2 Storage charges may apply from the agreed delivery date or the date on which the goods became available for delivery.
27.3 Goods held in storage remain payable in accordance with the original payment terms.
27.4 If goods remain uncollected or undeliverable for an unreasonable period, we may provide written notice requiring you to arrange delivery, collection and payment of storage charges.
27.5 If you fail to respond, we may exercise any rights available under applicable law, including resale or disposal after appropriate notice.
28. Intellectual property and designs
28.1 All intellectual property rights in our proposals, layouts, designs, mood boards, specifications, photographs, drawings, documents and other materials remain owned by us or our licensors.
28.2 You may use materials provided by us only for the project and purpose for which they were supplied.
28.3 You may not copy, reproduce, distribute, sell or provide our designs or specifications to another supplier without our written permission.
28.4 Payment for goods or services does not transfer ownership of our intellectual property unless expressly agreed in writing.
29. Your responsibilities
29.1 You must cooperate with us and provide complete, accurate and timely information.
29.2 You are responsible for obtaining all permissions, approvals and consents required for delivery and installation.
29.3 Business Customers supplying furniture for rented or occupied premises remain responsible for:
a. selecting goods appropriate for the intended property and occupancy;
b. complying with applicable landlord, fire-safety and property obligations;
c. providing tenants or occupants with relevant product instructions;
d. carrying out reasonable inspections and maintenance;
e. ensuring defects are reported promptly; and
f. preventing continued use of unsafe goods.
29.4 We are not responsible for a landlord’s or property operator’s failure to comply with its own legal, contractual or safety obligations.
30. Limitation of liability—Consumers
30.1 This clause applies to Consumers.
30.2 We are responsible for loss or damage that is a foreseeable result of our breach of contract or negligence.
30.3 We are not responsible for loss or damage that is not foreseeable.
30.4 We supply goods and services to Consumers for domestic and private use. Where a Consumer uses them for commercial or business purposes, we are not responsible for business losses, including loss of profit, revenue, rent, business opportunity or goodwill, to the extent permitted by law.
30.5 Nothing in these terms excludes or limits liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. breach of statutory Consumer rights that cannot be excluded; or
d. any other liability that cannot lawfully be excluded or limited.
31. Limitation of liability—Business Customers
31.1 This clause applies only to Business Customers.
31.2 Nothing in these terms excludes or limits liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. breach of title to goods; or
d. any liability that cannot lawfully be excluded or limited.
31.3 Subject to clause
31.2, we will not be liable for:
a. loss of profit;
b. loss of revenue;
c. loss of rent;
d. loss of business;
e. loss of contracts;
f. loss of anticipated savings;
g. loss of goodwill;
h. business interruption;
i. loss arising from a tenant being unable to occupy a property;
j. alternative accommodation costs;
k. indirect or consequential loss; or
l. losses caused by information, instructions or materials supplied by you or a third party.
31.4 Subject to clause 31.2, our total aggregate liability arising from an order will not exceed the total amount paid or payable to us under that order.
31.5 Each limitation in this clause is intended to operate separately and applies only to the extent that it is reasonable and lawful.
31.6 Business Customers are responsible for maintaining suitable insurance for property damage, loss of rent, business interruption and other commercial risks.
32. Indemnity by Business Customers
32.1 A Business Customer will reimburse us for reasonable losses, claims and costs arising from:
a. inaccurate information supplied by the Business Customer;
b. lack of authority to provide access or dispose of goods;
c. unsafe property conditions;
d. misuse or alteration of goods after delivery;
e. claims caused by the acts or omissions of the Business Customer’s tenants, guests, agents or contractors; or
f. breach of these terms,except to the extent that the loss was caused by our negligence or breach.
33. Events outside our control
33.1 We are not responsible for delay or failure caused by events outside our reasonable control.
33.2 Such events may include:
a. manufacturer or supplier delays;
b. transport disruption;
c. import or customs delays;
d. shortages of materials or products;
e. strikes or industrial disputes;
f. fire, flood or severe weather;
g. epidemic or pandemic;
h. utility or telecommunications failure;
i. civil disorder, terrorism or war;
j. government action; and
k. restricted or unsafe site access.
33.3 We will notify you and take reasonable steps to minimise the effect of the event.
33.4 If an event continues for more than 30 days and materially prevents performance, either party may cancel the affected unperformed part of the order by written notice.
33.5 You must pay for goods and services already properly supplied and for non-refundable goods or costs already committed before cancellation, except where Consumer law requires otherwise.
34. Our right to suspend or cancel
34.1 We may suspend performance where:
a. payment is overdue;
b. required information or access has not been provided;
c. the property is unsafe;
d. you materially change the scope without agreement;
e. you breach these terms; or
f. continuing would expose our staff or contractors to unreasonable risk.
34.2 We may terminate the contract by written notice if:
a. you materially breach the contract and fail to remedy the breach within a reasonable period;
b. you fail to make payment when due;
c. a Business Customer becomes insolvent or ceases trading; or
d. performance becomes unlawful or impossible.
34.3 Termination does not affect rights and liabilities that arose before termination.
35. Complaints
35.1 Complaints should be sent to contact@sanctumliving.co.uk and should include:
a. your name and contact details;
b. the order or invoice number;
c. the property address;
d. a description of the issue;
e. relevant photographs or video; and
f. the resolution requested.
35.2 We will acknowledge and investigate complaints within a reasonable period.
35.3 You must give us a reasonable opportunity to inspect and remedy an alleged defect before arranging third-party work at our expense, except in an emergency.
36. Personal data
36.1 We will process personal data in accordance with our privacy notice.
36.2 You confirm that you are authorised to provide contact and access details for tenants, agents, contractors or other persons connected with the order.
36.3 You should avoid providing unnecessary sensitive personal information.
37. Assignment and subcontracting
37.1 We may use suitably qualified employees, agents, installers, delivery companies and subcontractors to fulfil the order.
37.2 We remain responsible for services performed on our behalf to the extent required by law.
37.3 You may not transfer your rights or obligations under the contract without our written consent.
38. Notices
38.1 Notices under the contract must be sent by email or post to the contact details stated in the order or these terms.
38.2 You must notify us promptly if your contact details change.
38.3 An email will be treated as received on the next working day after transmission unless the sender receives a delivery-failure notification.
39. Entire agreement
39.1 These terms, the accepted quotation, order confirmation and any written variation constitute the entire agreement between the parties.
39.2 A Business Customer acknowledges that it has not relied on any statement or representation that is not included in the written contract.
39.3 Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.
40. Severability
40.1 If any provision is found to be unlawful or unenforceable, it will be treated as modified to the minimum extent necessary.
40.2 If modification is not possible, the relevant provision will be deleted without affecting the remaining provisions.
41. Waiver
41.1 A delay or failure to enforce a right does not waive that right.
41.2 A waiver is effective only if given in writing and applies only to the specific circumstances for which it is given.
42. Third-party rights
42.1 Unless expressly stated otherwise, a person who is not a party to the contract has no right to enforce its terms.
42.2 A tenant, guest, occupier, managing agent or other end user does not become a party to the contract merely because the goods are installed at a property they occupy or manage.
43. Governing law and jurisdiction
43.1 These terms and the contract are governed by the law of England and Wales.
43.2 Consumers may bring proceedings in any court available to them under applicable law.
43.3 Business Customers agree that the courts of England and Wales will have exclusive jurisdiction over disputes arising from the contract.