1 Terms and conditions of business and privacy notice
1.1 What these terms cover.
These are the terms and conditions on which we, Tremorvah Industries, supply products to you, whether these are goods or services.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may charge or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, or require any changes, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are.
We are Tremorvah Industries of Unit 8, Threemilestone Industrial Estate, Truro, Cornwall, TR4 9LD, a supported business, forming part of the Cornwall Council.
2.2 How to contact us.
You can contact us by telephoning our Client Services Department on 01872 324340, or by writing to us at enquiries.tremorvah@cornwall.gov.uk or at Unit 8, Threemilestone Industrial Estate, Truro, Cornwall, TR4 9LD.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 If you need this information in a different format.
Please can contact us by telephoning our Client Services Department on 01872 324340, or by writing to us at enquiries.tremorvah@cornwall.gov.uk or at Unit 8, Threemilestone Industrial Estate, Truro, Cornwall, TR4 9LD.
3 Our contract with you
3.1 How we will accept your order.
Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we identified an error in the price or description of the product or because we are unable to meet the delivery deadline.
4 Our Products
4.1 Products may vary slightly from their pictures.
The images of our products online, in our catalogues or brochures or other printed matter are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures accurately reflects the colour of our products.
Your product may vary slightly from these images. Although we have made every effort to be as accurate as possible, there may be some limited reasonable discrepancies.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on the images online, in our catalogues or brochures or other printed matter.
4.3 Making sure your measurements are accurate. If we are supplying the product to measurements you have given us you are responsible for ensuring these measurements are correct. If you are in any doubt please contact us
5 Your rights to make changes
5.1 If you wish to make changes to a product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of the supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6 Providing the products
6.1 Delivery costs.
The costs of delivery will be as told to you during the order process.
6.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you.
6.2.1 If the products are ongoing services or subscriptions to receive goods we will also tell you during the order process when and how you can end the contract.
We will supply the services or goods to you until either the services are completed or the subscription expires (if applicable) or you end the Contract as described in clause 8 or we end the Contract by written notice to you as described in clause 9.
6.2.2 If the products are goods we will deliver them to you as soon as reasonably possible and we will contact you to agree a delivery date, which will generally be within 30 days after the day on which we accept your order, but this may be longer for some products, such as goods shipped from abroad, which could be in the region of 4 to 6 weeks.
6.2.3 If the products are one-off services we will begin the services on the date set out in your order.
6.3 Installation of equipment (where applicable).
Before the installation work can commence:-
(a) The Customer shall ensure that all furniture, personal effects and other objects are removed from the work area to allow the Tremorvah staff or Contractor free access to carry out the installation work. Failure to remove any obstructions to the work area prior to Tremorvah staff or Contractor attending the property to carry out the installation work, may result in the installation works being aborted and an abortive fee being charged to the Customer.
(b) The Customer will notify his/her insurers that the installation work will be carried out at the property.
6.4 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for the delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.5 Collection by you.
If you have been asked to collect products from our premises, you can collect them from us at any time during our working hours of 8.30 am to 4.30 pm Monday to Thursday and 8.30 am to 4 pm on Fridays (excluding public holidays).
6.6 If you are not at home when the product is delivered.
If no-one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you how to rearrange delivery.
6.7 If you do not rearrange delivery. If you do not collect the products from us as arranged, or if, after a failed delivery to you, you do not rearrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 9.2 will apply.
6.8 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you to rearrange access to your property we may end the contract and clause 9.2 will apply.
6.9 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you, or a carrier organised by you, collect it from us. This includes products hired to you or supplied on a sale or return basis (a free trial). We reserve the right to request and you agree to produce to us a valid certificate of insurance covering products in your possession suppled to you on this basis. You also agree to allow us reasonable access upon reasonable request to inspect and make any necessary repairs, undertake refurbishment works or replace products in your possession while products are hired to you or supplied on a sale or return basis (free trial). You will cover the reasonable costs, unless arising from fair wear and tear or clause 10 applies.
6.10 When you own goods. You own a product which is goods once we have received payment in full, unless the products are hired to you
6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, height and weight. We will contact you to ask for this information. If you do not give us this information within a reasonable time of asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.2 which will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) Deal with technical problems or make minor technical changes;
(b) Update the product to reflect changes in relevant laws and regulatory requirements;
(c) Make changes to the product as required by you.
6.13 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days in any month, we will adjust the price so you not have to pay for products while they are suspended.
You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for a product in respect of the period after you end the contract.
6.14 We may also suspend the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6).
We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge interest on your overdue payments (see clause 11.5).
7 Your rights to end the contract
7.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, where and how you have bought it, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2.
(c) If you have just changed your mind about the product, see clause 7.3. If you have not purchased the product at our premises and have purchased it, for example, at your home or place of work, online or over the telephone, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay for the return of any goods.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly.
The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind. For most products not bought at our premises and so bought online, over the telephone or at your home or place of work you have a legal right to change your mind within 14 days and receive a refund.
These rights, under the Consumer Contracts Regulations 2013, are explained in more details in these terms.
7.4 When you don’t have the right to change your mind.
You do not have the right to change your mind in respect of:
(a) goods made to your specification, that have been clearly personalised or are bespoke;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed once you have received them;
(d) any items which have been mixed inseparably with other items after delivery.
7.5 How long do I have to change my mind?
How long you have depends on what you have ordered, how it is delivered and where you have ordered it.
(a) Have you bought services (for example, the repair of a piece of equipment)?
If you have bought services at our premises, you have 3 days before the service is due to be performed or starts to change your mind in accordance with our policy. If you have not bought services at our premises and so, for example, by telephone or at your home or place of work, you have 14 days after the day we confirm your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we start the services, you must pay us for the services provided up until the time when you tell us you have changed your mind.
(b) Have you bought goods (for example a rise recline chair)?
If you have bought goods at our premises and we have placed the order with the manufacturer you cannot change your mind in accordance with our policy. If you have not bought goods at our premises and so, for example, by telephone, or at your home or place of work, you have 14 days after the day you (or someone you nominate) receive the goods unless clause 7.4 applies.
7.6 Ending the contract when we are not at fault and there is no right to change your mind.
If you do not have any other right to end the contract (see clause 7.1) you can still end the contract before it is completed.
A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, please contact us to let us know. If you do this the contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you.
For example, if you tell us you want to end the contract on the 4 February, we will continue to supply the product until the 3 March.
8 How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call our Client Services Department on 01872 324340, or email us at enquiries.tremorvah@cornwall.gov.uk
Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Please use the cancellation form at the end of these terms.
Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay all the costs of return. In all other circumstances you must pay the costs associated with the return.
8.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.4 How we will refund you.
We will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds.
If you are exercising your rights to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the product is a service, we may deduct from any refund the amount for the supply of the service for the period for which it was supplied, ending with the time you changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
(d) For some products you do not have the right to change your mind, please see clause 7.4
8.6 When your refund will be made.
We will make any refunds as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you, or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For more information on how to return a product see clause 8.2.
(b) In all other cases, the refund will be made within 14 days of your telling us you have changed your mind.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, height or weight;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(e) you have misused or damaged hire equipment or products, or products supplied to you on a sale or return basis (a free trial).
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10 If there is a problem with the products
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
You can telephone our Client Services Department on 01872 324340 or write to us at enquiries.tremorvah@cornwall.gov.uk or at Unit 8, Threemilestone Industrial Estate, Truro, Cornwall, TR4 9LD.
Alternatively, please speak to one of our staff in-store.
10.2 If you are unhappy with the outcome of a complaint and have exhausted our complaints process you can approach the Local Government Ombudsman (LGO).
The LGO can be contacted at: PO Box 4771, Coventry, CV4 0EH, Telephone: Mon-Fri 8.30am to 5pm, 0300 061 0614 or 0845 602 1983. Email: advice@lgo.org.uk
Web: https://www.lgo.org.uk/ or visit the EU’s online platform for dispute resolution at: http://ec.europa.eu/consumers/odr/
10.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that does not work, some of your money back.
If your product is services, for example repair services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
- if you have not agreed a price upfront, what you are asked to pay must be reasonable.
- if you have not agreed a time upfront, it must be carried out within a reasonable time.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
Please call our Client Services Department on 01872 324340, or email us at enquiries.tremorvah@cornwall.gov.uk to arrange return or collection.
If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11 Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT, unless exempt) will be confirmed to you before you place your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. Products supplied to an individual disabled person may qualify for a VAT exemption. We will provide you with a VAT exemption certificate for you to complete and return to us and, if you qualify for VAT exemption the certificate must be received before any final price can be confirmed and order made
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated we will contact you for your instructions before we accept your order. If we 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 end the contract and refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment with Mastercard, Visa, Switch, Delta and Maestro and for certain services you can pay by direct debit. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For services, you must make an advance payment of a minimum of 50% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them, or we will invoice you monthly or quarterly as agreed for the services until the services are completed. You must pay each invoice within 28 calendar days after the date of the invoice.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of NatWest Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
11.7 Our quotations are valid for 90 days. All quotations provided by us are valid for 90 days and are subject to these terms. Please read all quotations carefully and if you have any questions or comments please contact us.
12 Our responsibility for loss and damafge suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 Privacy statement
How we use your personal information
13. 1 Using your Personal Information.
What are your data rights?
Your personal information belongs to you and you have the right to:
(a) be informed of how we will process it
(b) request a copy of what we hold about you and in commonly used electronic format if you wish (if you provided this to us electronically for automated processing, we will return it in the same way)
(c) have it amended if it’s incorrect or incomplete
(d) have it deleted (where we do not have a legal requirement to retain it)
(e) withdraw your consent if you no longer wish us to process
(f) restrict how we process it
(g) object to us using it for marketing or research purposes
(h) object to us using it in relation to a legal task or in the exercise of an official authority
(i) request that a person reviews an automated decision where it has had an adverse effect on you
13.2 How we will use your personal information.
We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products
(c) fulfil legal requirements (eg for exempting you from paying VAT)
13.3 How your data will be held. Your data will be held within Cornwall Council’s secure network and secure cloud and will not be processed outside of the UK. Access to your information will only be made to authorised members of staff who are required to process it for the purposes outlined in this privacy notice.
13.3 How we will share your information. We will not disclose or share your information with any company outside Cornwall Council except to fulfil delivery of your order and/or service, gain information for use in credit decisions, for fraud prevention, to pursue debtors or if required by law to do so.
Our only use of subcontractors is purely for the fulfilment of your order and/or service eg. Couriers, trades people where relevant. Our sub-contractor(s) will also maintain the same levels of security that we do which are set out in the contract we have with them.
13.4 How long we will keep your information. This information will be kept for 7 years after the completion of the purchase/service for which VAT relief was claimed, as required by law. Otherwise for 3 years or until you request its deletion.
The Data Controller for all the information you provide on this form is Cornwall Council, New County Hall, Treyew Road, Truro TR1 3AY. Data Protection Registration Number: Z1745294
13.4 How to exercise your rights. If you would like to access any of the information we hold about you or have concerns regarding the way we have processed your information, please contact:
Data Protection Officer, Cornwall Council, County Hall, Truro, TR1 3AY
Tel: 01872 326424, Email: dpo@cornwall.gov.uk
13.5 If you don’t agree with something: We would prefer any complaints to be made to us initially so that we have the opportunity to see if we can put things right. However, if you are unhappy with the way we have processed your information or how we have responded to your request to exercise any of your rights in relation to your data, you can raise your concerns direct with the Information Commissioner’s Office Tel No. 0303 123 1113 https://ico.org.uk/concerns/
14 Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract to. This contract is between you and us. No other person shall have any rights to enforce any of its terms. .
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.