Ox Grills Terms and Conditions of Sale

Consumers | Business Customers

Part 1: Consumers

Where to find information about us and our products

You can find everything you need to know about us, Ox Grills Limited, and our products on our website before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.

When you buy from us you are agreeing to the following terms and conditions.

We only accept orders when we've checked them

We contact you to confirm we've received your order and then we contact you again (normally within 1 business day) to confirm we've accepted your order.

For expected delivery times please see our delivery policy on our website.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

You will own your product once we have received payment in full.

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 1% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

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

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as lack of raw materials or transportation issues, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us on the details set out on our website to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or its packaging may be slightly different.

You're responsible for making sure your measurements are accurate

If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. If you are unsure about what measurements you need to take please contact us.

You have a legal right to change your mind

Your legal right to change your mind. For the standard grills (where there is a fixed price in our product list on the website) you have a legal right to change your mind about your purchase within 14 days and receive a refund of what you paid for it, excluding the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for goods that are made to your specifications such as bespoke grills (where the product is not listed with fixed price in our product list on the website or where we have modified a standard product to you requirements).

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact us using the details set out on our website.

You have to return the product at your own cost. You have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can:

  • bring the product to our workshop. You will need to make an appointment and we will need to confirm you are entitled to make the return before you visit us.
  • send the product back to us. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, see our Returns Process on our website, or contact us using the details set out on our website.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Please contact us if you need advice on whether we're likely to reduce your refund.

When and how we refund you. If your product is goods that haven't been delivered we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact us using the details set out on our website. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Remember too that You have several options for resolving disputes with us.

 Summary of your key legal rights

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get a refund. 
  • Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 
  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.   



Our goodwill guarantee

In addition to any statutory legal rights that you have we offer a goodwill warranty that on delivery, and for a period of 12 months from the date of delivery (warranty period), the goods you receive shall:

  • conform in all material respects with their description and any specification we have agreed with you in writing; and
  • be free from material defects in design, material and workmanship.

If you tell us during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the above goodwill warranty and;

  • you return the goods to our workshop at your cost, and
  • we are given a reasonable opportunity of examining such goods;

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

We shall not be responsible for the goods' failure to comply with the goodwill warranty set out above in any of the following events:

  • you make any further use of such goods after telling us about the issue;
  • the defect arises because you failed to follow our instructions as to the installation, use and maintenance of the goods;
  • the defect arises as a result of us following any drawing, design or specification supplied by you;
  • you alter or repairs such goods without our written consent; or
  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

Please note that some items are considered "consumables". These are lift wires and firebricks and these are excluded from the goodwill guarantee above.

We can change products and these terms

Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements for example product markings;
  • to make minor technical adjustments and improvements, for example to address a safety issue. These are changes that don't affect your use of the product.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

  • you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due; or
  • you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product but you don't do this within 7 days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price less any reasonable costs we have incurred.

We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, you are responsible for taking reasonable safety measures in connection with the use of our products. This includes using the products in accordance with the safety requirements set out in the product documentation or manuals (including those published on our website). The majority of our products are designed for outdoor use only and should not be used indoors without our express agreement, for example where we have made a chimney grill to a particular specification. In these circumstances you are responsible for ensuring appropriate (approved by Hetas) ventilation and the good condition of your chimney. You are also responsible for regular maintenance of the chimney and our product to ensure safe operation.
  • A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

You have several options for resolving disputes with us

Our complaints policy. We will do their best to resolve any problems you have with us or our products. If you do have a complaint please contact us using the details set out on our website and we will endeavour to resolve this as soon as is reasonable in the circumstances.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to CEDR through their website at https://www.cedr.com/consumer/. If you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. We may not agree if . However, you can transfer the goodwill warranty referred to above to a new owner of the product. We can require the new owner to prove you transferred the product to them.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Version 5th April 2023

 


 

Part 2: Business Customers

1. About us

1.1 Company details. Ox Grills Limited (company number 09443946) (we and us) is a company registered in England and Wales and our registered office is at Bishopton Grange, Bishopton Hamlet, Stratford upon Avon, Warwickshire, CV37 0RE. Our VAT number is 252 9834 79. We operate the website www.oxgrills.co.uk.

2.1 Contacting us. To contact us telephone our customer service team at 01789 263 799 or email info@oxgrills.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 14.2.

2. Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3 Language. These Terms and the Contract are made only in the English language.

2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.

3. Placing an order and its acceptance

3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 cknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but 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 3.4.

3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.

3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4. Our goods

4.1 The images of the Goods 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 Goods. The colour of your Goods may vary slightly from those images.

4.2 The packaging of your Goods may vary from that shown on images on our site.

4.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

5. Delivery, transfer of risk and title

5.1 We will contact you with an estimated delivery date, which will be in accordance with our delivery policy available on our website or in accordance with our email to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 (Events outside our control) for our responsibilities when this happens.

5.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us and the Goods will be at your risk from that time.

5.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.

5.4 Time is not of the essence in respect of the delivery of the Goods.  However, if we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

5.5 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

6. International delivery

6.1 There are restrictions on some Goods for certain international delivery destinations, at the point of order you will be prompted to contact us for an international shipping quote and we will discuss with you the options prior to accepting your order.

6.2 If we agree to deliver to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. 

6.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

6.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

7. Price of goods and delivery charges

7.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.

7.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

7.3 The price of Goods excludes 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 Goods in full before the change in VAT takes effect.

7.4 The price of the Goods may not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

7.5 It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods 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 Goods 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

8. How to pay

8.1 You can only pay for Goods using the payment gateway on our website, which will include the option to use a debit card or credit card. Please refer to our payment gateway for which cards are accepted.

8.2 Payment for the Goods and all applicable delivery charges is in advance.

9. Our warranty for the goods

9.1 The Goods are compliant with the laws, regulations or standards in the UK.

9.2 We do not warrant that the Goods comply with laws of any other country.
We provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall:

  1. subject to clause 4, conform in all material respects with their description; and
  2. be free from material defects in design, material and workmanship;

9.3 Subject to clause 9.4, if:

  1. you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 9.2;
  2. we are given a reasonable opportunity of examining the Goods; and
  3. we ask you to do so, you return the Goods to us at our cost (unless we discover that any of the matters listed in clause 9.4 apply in which case you shall be responsible for reimbursing our costs),

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

9.4 We will not be liable for breach of the warranty set out in clause 9.2 if:

  1. you make any further use of the Goods after giving notice to us under clause 9.3;
  2. the defect arises as a result of us following any drawing, design or specification supplied by you;
  3. you alter or repair the Goods without our written consent;
  4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
  5. the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

9.5 Please note that some items are considered "consumables".  These are lift wires and firebricks and these are excluded from the warranty in clause 9.2 above. 

9.6 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 9.2 to the extent set out in this clause 9.

9.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

9.8 These Terms also apply to any repaired or replacement Goods supplied by us to you.

10. Your responsibilities

10.1 You agree that you are responsible for the following:

  1. ensuring that the Goods are suitable for your requirements (including any law or regulations applicable to the Customer or the use of the Goods by the Customer);
  2. installing commissioning and use of the Goods, including without limitation being responsible for:
    1. any associated health and safety requirements as to the installation and/or use of the Goods such as fire protection and carbon monoxide protection;
    2. complying with all health and safety legislation in respect of the use of the Goods, including proper instruction and training of any users of the Goods, the provision of suitable protective and safety clothing to users of the Goods, health and safety signage and warnings about use of the Goods;
    3. all ventilation and extraction design and operation in connection with the Goods.

10.2 You hereby indemnify us (and our directors, employees, contractors and agents) in respect of any losses, costs, damages, claims, expenses and fines arising as a result of the failure to meet your responsibilities under this clause 10.

11. Our liability: your attention is particularly drawn to this clause

11.1 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

11.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.

11.3 Nothing in these Terms limits or excludes our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. any other liability that cannot be limited or excluded by law.

11.4 Subject to clause 11.3, we will under no circumstances be liable to you for:

  1. any loss of profits, sales, business, or revenue; or
  2. loss or corruption of data, information or software; or
  3. loss of business opportunity; or
  4. loss of anticipated savings; or
  5. loss of goodwill; or
  6. any indirect or consequential loss.

11.5 Subject to clause 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods purchased under the Contract.

11.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. 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 Goods are suitable for your purposes.

12. Termination

12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

  1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
  2. you fail to pay any amount due under the Contract on the due date for payment;
  3. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  4. your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.


12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

13. Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under the 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

14. Communications between us

14.1 When we refer to "in writing" in these Terms, this includes email.

14.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

14.3 A notice or other communication is deemed to have been received:

  1. if delivered by hand, at the time the notice is left at the proper address;
  2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
  3. if sent by email, at 9.00 am the next working day after transmission.

14.4 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 email, that such email was sent to the specified email address of the addressee.

14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

15. General

15.1 Assignment and transfer.
We may assign or transfer our rights and obligations under the Contract to another entity by posting on this webpage if this happens.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

15.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

Version 5th April 2023