Terms And
Conditions
Terms and Conditions
These Terms and Conditions("Terms") govern the sale of products and services by Vulcon Construction Solutions Ltd
("Vulcon", "we", "us", or "our"). By placing an order with us, you ("Customer", "you", or "your") agree to these Terms.
These Terms include information on how we supply products, how contracts are formed, your rights, and our obligations.
Please read them carefully.
Please read this privacy policy carefully.
1. Information About Us
- 1.1. Company Details: We are Vulcon Construction Solutions Ltd, a company registered in England and Wales under company registration number 13138394. Our registered office is located at 33Mount Ephraim, Tunbridge Wells, Kent, TN4 8AA.
- 1.2. Contact Information: You can reach us by email at info@vulcon.co.uk or by phone at 01892 251992.
2. Definitions
We may collect the following personal data from you, in accordance with this privacy policy:
- "Business Customer" refers to any customer purchasing goods or services for business or trade purposes.
- "Goods" refers to the products or services listed for sale on our website or as otherwise agreed between us.
- "Delivery Date" means the date on which the goods are either delivered to the Customer or are available for collection.
3. Contractual Terms
We collect data in the following ways:
- 3.1. Formation of Contract: A contract is formed when we confirm acceptance of your
order either via email, phone, or inwriting. Any quotations given by us do not constitute an offer
and are subject to change. Acceptance of an order is conditional upon these Terms. - 3.2. Order Confirmation: Upon receivingyour order, we will confirm it by issuing an order confirmation via email orphone.
This confirmation does not indicate that your order has been accepted,but that we have received your request. - 3.3.Rejection of Orders: We reserve the right to reject any order if, for example, stock is unavailable,
the Customer fails to meet credit requirements, or pricing errors are identified.
We will notify you if we cannot fulfil your order and will refund any payment made for the unavailable goods. - 3.4. Business and Consumer Customers: TheseTerms distinguish between business and consumer customers.
Some rights underthese Terms may differ depending on whether you are a consumer or businesscustomer.
Vulcon Constructions Solutions will collect your data in a number of ways, in accordance with this privacy policy, including:
4. Prices and Payment
While you access our website, we will collect your data automatically, by the following means:
- 4.1. Prices: Prices listed are exclusive of VAT unless otherwise stated.
We reserve the right to adjust prices at any time prior to contract acceptance. - 4.2. Payment Terms: Unless otherwise agreed in writing, payment is required before the goods are dispatched.
Business customers with approved credit accounts must settle payments within the agreed terms.
Payment not received by the due date may incur interest charges of 8% above the Bank of England base rate.
5. Delivery
Any or all of the above data may be required by us from time to time in order to provide you with the best possible service and experience when using our website. Specifically, data may be used by us in accordance with this privacy policy, for the following reasons:
- 5.1. Delivery Charges: Delivery charges will be confirmed at the time of order and depend on location, order size,
and type of goods. Business customers may be responsible for the return of pallets or containers unless agreed otherwise. - 5.2. Delivery Timescales: We will endeavour to meet delivery timescales, but all dates provided are estimates.
Delivery times may be affected by factors outside of our control, such as delays with third-party suppliers or couriers.
If delays occur, we will notify you and provide options to either wait or cancel the order. - 5.3. Risk and Ownership: Risk in the goods transfers to you upon delivery or collection, but ownership remains
with us until payment in full has been received. If you fail to make payment, we reserve the right to reclaim the goods. - 5.4. Missed Deliveries: If no one is available to receive delivery, we may charge for redelivery or
for storage costs incurred due to the delay.
6. Your Rights to Cancel (Consumers)
We may share your data with the following groups of people in accordance with this privacy policy, for the following reasons:
- 6.1. Cooling-off Period: If you are a consumer, you have the right to cancel your order within 14 days of receiving the goods.
To exercise this right, you must notify us in writing within the cancellation period. - 6.2. Exemptions: Your right to cancel does not apply to goods that are custom-made, perishable,
or which are sealed for hygiene reasons and have been unsealed after delivery. - 6.3. Returns: If you cancel your orderwithin the cooling-off period, you must return the goods at your expense.
Refunds will be processed within 14 days of receiving the returned goods,provided they are in a resalable condition.
We may make deductions from refunds if goods have been damaged or handled beyond what is reasonable for inspection.
7. Returns and Refunds (Business Customers)
We will use technical and organisational measures to safeguard your data, for example:
- 7.1. Business Returns: Business customers may return standard, non-modified goods within 14 days of delivery,
subject to a restocking fee of 25%. Goods must be unused, undamaged, and returned at the customer’s expense. - 7.2. Non-Returnable Goods: Custom-made goods, perishable items, or goods modified at the Customer’s request are
non-returnable unless faulty or misdescribed. - 7.3. Faulty Goods: If goods are found to be faulty or not as described, you must notify us within 7 days.
We will inspect the goods and, at our discretion, either repair, replace, or refund them.
8. Changes to Orders and Goods
- 8.1. Your Changes: If you wish to change your order, please contact us.
We will confirm if changes are possible and advise of any impact on delivery times or prices. - 8.2. Our Changes: We reserve the right to make minor changes to goods to comply with relevant laws or to improve performance. We will notify you of any significant changes that affect your order, and you will have the right to cancel if these changes are not acceptable.
9. Warranties and Liability
You have the following rights in relation to your data:
- 9.1. Goods Warranty: All goods are warranted to conform to the specifications provided. For consumers,
the Consumer Rights Act 2015 applies, ensuring goods are fit for purpose, as described, and of satisfactory quality. - 9.2. Limitations on Liability: For business customers, our liability is limited to the price of the goods.
We are not responsible for indirect or consequential losses, such as loss of profit, business interruption, or third-party claims.
10. Termination of Contract
- 10.1. Termination by Customer: You may terminate the contract if we commit a material breach that is not remedied
within 30 days of notice. You may also terminate if we significantly delay delivery without a valid reason. - 10.2. Termination by Us: We may terminate the contract if you fail to make payments or breach any other significant terms.
We will notify you in writing, and any goods not paid for must be returned immediately.
11. Force Majeure
We will not be liable for any delay or failure to fulfil our obligations caused by events outside our reasonable control, including but not limited to acts of God, labour disputes, governmental action, or interruptions in transport.
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12. Complaints and Dispute Resolution
If you have any complaints or disputes regarding our products or services, please contact us at info@vulcon.co.uk or call 01892 251992. We aim to resolve disputes promptly and amicably. However, if a resolution cannot be reached, consumers have the right to seek assistance from alternative dispute resolution services or the Citizens Advice Bureau.
13. General
- 13.1. Severability: If any provision of these Terms is found to be invalid or unenforceable,
the remaining provisions will continue to apply. - 13.2. Governing Law: These Terms are governed by the laws of England and Wales.
Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. - 13.3. Entire Agreement: These Terms constitute the entire agreement between you and
Vulcon Construction Solutions Ltd regarding your purchase of goods and services from us.
14. Health and Safety Compliance
- 14.1. Compliance with Standards: All products manufactured by Vulcon Construction Solutions Ltd comply with UK safety and regulatory standards. We expect our customers to comply with all applicable health and safety regulations when using our products, particularly in the construction industry.
- 14.2. Installation and Use: Vulcon products should only be used for their intended purposes as per our specifications. Incorrect or unsafe installation or use of products may void any warranties and limit our liability. Customers are responsible for ensuring that installation is carried out by qualified personnel in line with applicable construction regulations and best practices.
15. Product Suitability and Technical Specifications
- 15.1. Suitability: The Customer is responsible for ensuring that the products ordered are suitable for their intended use, particularly when using products in critical structural applications. We strongly recommend that customers consult with professional engineers or architects to ensure suitability for specific projects.
- 15.2. Technical Support: If technical support or advice is provided by Vulcon, it is based on information supplied by the Customer. Vulcon is not liable for any incorrect recommendations where full and accurate details have not been provided by the Customer.
16. Environmental and Sustainability Policy
- 16.1. Sustainable Practices: Vulcon Construction Solutions Ltd is committed to sustainable manufacturing practices.
We ensure that our products are produced in an environmentally responsible manner, complying with all applicable
environmental regulations in the UK. - 16.2. Customer Responsibility: We encourage customers to recycle packaging materials and dispose of unused products in an environmentally responsible way, in accordance with local regulations. We offer guidance on responsible disposal where necessary.
17. Intellectual Property Rights
- 17.1. Ownership of Intellectual Property: All designs, specifications, and technical data provided by Vulcon remain our intellectual property. Customers are not permitted to use, copy, or reproduce these without prior written consent from Vulcon.
- 17.2. Protection of Designs: Any bespoke designs created by Vulcon for a customer remain the intellectual property of
Vulcon unless otherwise agreed in writing. Unauthorized use or reproduction of these designs by third parties will be
subject to legal action.
18. Limitation of Liability for Manufacturing Defects
- 18.1. Manufacturing Defects: Vulcon guarantees that all products will be free from material defects at the time of delivery. If any manufacturing defects are found, the Customer must notify us within 7 days of delivery, and we will repair, replace, or refund the defective products at our discretion.
- 18.2. Exclusion of Liability: We are not responsible for any defects or damages caused by incorrect storage, handling, installation, or use of the products by the Customer or third parties. Any claims for indirect or consequential damages (including loss of profit) are excluded to the maximum extent permitted by law.
19. Product Recalls
- 19.1. Product Recalls: In the event that a product is found to be defective and poses a risk to health or safety, Vulcon reserves the right to issue a product recall. Customers will be contacted immediately and are required to follow all recall instructions, including returning or ceasing use of the recalled product.
- 19.2. Liability in Recalls: Vulcon will take all necessary steps to minimize inconvenience, including replacing the defective product or issuing refunds as appropriate. Our liability in product recalls is limited to the replacement cost or refund of the defective product and does not extend to any consequential losses.
20. Quality Control and Testing
- 20.1. Quality Assurance: All Vulcon products undergo rigorous quality control and testing before being released for sale.
We ensure compliance with British and European standards for construction materials. - 20.2. Product Testing by Customers: Where products are supplied for use in critical applications, it is the Customer’s
responsibility to carry out any necessary site testing or inspections to ensure the product is fit for its intended use.
21. Third-Party Materials and Components
- 21.1. Use of Third-Party Components: Vulcon may incorporate third-party components or materials into our products.
Where this occurs, we ensure that these components meet all relevant quality and safety standards, but we are not liable for defects caused by third-party components unless agreed otherwise. - 21.2. Third-Party Warranties: Where third-party components are used, they may be subject to warranties provided by the third-party manufacturer. Vulcon will pass on any applicable warranties to the Customer, but any claims under those warranties must be made directly to the third-party manufacturer.
22. Force Majeure (Extended Clause)
- 22.1. Extended Scope: In addition to natural disasters and governmental actions, events such as raw material shortages, supplier delays, transportation disruptions, pandemics, or industrial disputes that affect our ability to manufacture or supply goods will be considered force majeure. In such cases, Vulcon will not be liable for delays or failure to deliver but will take reasonable steps to mitigate the impact on the Customer.
23. Data Protection and Privacy
- 23.1. Data Collection: Vulcon may collect and process personal information provided by the Customer in order to process orders and for general communication. All data collection is conducted incompliance with the General Data Protection Regulation (GDPR) and other relevant UK data protection laws.
- 23.2. Use of Data: Customer data will only be used for legitimate business purposes, including processing payments, deliveries,
and communications. We do not share personal data with third parties without prior consent, except where required by law.
24. Governing Law and Jurisdiction
- 23.2. Use of Data: Customer data will only be used for legitimate business purposes, including processing payments, deliveries,
and communications. We do not share personal data with third parties without prior consent, except where required by law. - 24.2. Jurisdiction: Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction
of the courts of England and Wales.
If you have any complaints or disputes regarding our products or services, please contact us at info@vulcon.co.uk or call 01892 251992. We aim to resolve disputes promptly and amicably. However, if a resolution cannot be reached, consumers have the right to seek assistance from alternative dispute resolution services or the Citizens Advice Bureau.