DELIVERY TERMS AND CONDITIONS
The following Delivery Terms and Conditions incorporate the terms and conditions of Fragilistics, the specialist UK delivery company:
1.0) Definitions: “recipient” – the person receiving delivery of an item.
2.0) If the recipient has time constraints regarding a particular delivery, please contact Fragilistics’ friendly staff who will be pleased to help with a solution. They offer a separate “Dedicated” Service for all time critical deliveries which they would suggest are used for all urgent deliveries.
3.0) In order to maintain competitive rates, Fragilistics operate a ONE man delivery service. This means that for larger / heavy mirrors, the recipient will need to organise some form of assistance at the point of delivery. Due to Fragilistics’ insurance terms, their drivers are not allowed to deliver items single-handedly up or down flights of stairs. A re-delivery charge will apply if they arrive at a destination with a flight of stairs or awkward access and the recipient either refuses collection or delivery, or has not made arrangements to supply able help to move the goods in or out of the premises. It is illegal for their drivers to stop on a red-route, so the recipient must make alternative arrangements.
4.0) Due to the nature of Fragilistics’ insurance, they operate a door-to-door delivery service which means that items are delivered to the threshold of a property. Their friendly drivers will often assist in collecting or delivering items beyond the threshold, but please note that they are not insured if any damage is caused, and therefore neither Fragilistics nor Caryn Moberly ("the owner") can be held responsible.
5.0) The delivery company is unable to inspect the condition of goods upon delivery because their drivers are unaware of the expected condition of the item(s).
5.1) All recipients must inspect delivered item(s) and sign a delivery note to say that the item(s) are in ‘as expected’ condition. The driver is allocated a 10 minute loading / unloading time of which it is expected for the recipient to remove any packaging and inspect the goods to ensure there is no damage. In the event of damage to the goods, all recipients must describe the damage on the paperwork and immediately call Fragilistics (if they are the delivery company) on 08448 468544 and the owner on 07800845621 . Once items are accepted & signed for neither Fragilistics nor the owner will be held responsible for any loss or damage whatsoever. Signing for items as “unchecked” is not acceptable and in cases where the recipient does not have the time or refuses to check the item, they are then deemed as accepting the delivery.
5.2) Any and all damages must be notified to the owner as soon as the goods have been checked. Any claims made after the driver has obtained a signature and has left the recipients address will not be covered for damage of any kind.
5.3) No insurance claims can be made against us for item(s) that have been signed for.
6.0 Although our drivers are very careful movement does naturally occur, therefore it is the customer’s responsibility to ensure that items are adequately packaged in order to avoid damage. No claims can be made against us regarding items with insufficient packaging.
7.0) The recipient will be informed by phone and / or email when the delivery dates & timings will be. Fragilistics will not attempt delivery unless they have a confirmation from the recipient agreeing to the allocated timings.
7.1) If the driver arrives at the delivery address on the confirmed date and there is nobody available the driver will only be able to wait for a maximum of 10 minutes. Fragilistics have the right to charge waiting time or abort the delivery and charge a minimum of 50% wasted journey fee. In these circumstances, Fragilistics will always be in touch with inform you of what is happening
8.0 All information supplied to the owner and Fragilistics (names, addresses, email address and phone number) should be correct. If Fragilistics encounter problems and/or cannot find an address due to a wrong address or contact number supplied to them, the recipient may be liable for further charges.
9.0) If any part of these terms and conditions is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.
10.0) Governing Law
These terms and conditions and any contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us.
11.0) Statutory Rights
These terms and conditions are in addition to your statutory rights as a consumer which remains unaffected. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
12.0) BY PLACING YOUR ORDER WITH the owner, trading as River Mirrors, EITHER VERBALLY BY PHONE, THROUGH THIS WEBSITE ORDER FORM OR BY AN EMAIL, YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS.