Terms and Conditions

R L Jones Industries LTD - Trading as 'The Loftman Company', Terms and Conditions

1. These terms

1.1 What these terms and conditions cover

These are the terms and conditions on which our goods (the loft materials (theGoods)) or services (the design and arrangement of your loft services (the Loftman Services)) are supplied to you. Please note that in contracting with you for the installation services we act as agent for the installers (Installers) who supply the installation services (Installation Services) to you. (Collectively, the Services).

1.2 Why you should read them

Please read these terms carefully before you submit your order to us. We will not accept any order submitted to us within 24 hours of us visiting you for a consultation. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who We Are

We are R L Jones Industries Ltd (trading as The Loftman Company) a company registered in England and Wales. Our company registration number is 09755061 and our registered office is at Office 2 Greswolde House 197b Station Road, Knowle, B93 0PU. Our registered VAT number is 268 3242 91.

2.2 How to Contact Us

You can contact us by telephoning us at 0800 689 5805 or by writing to us: by email: info@theloftmancompany.co.uk; or by post: Office 2 Greswolde House 197b Station Road, Knowle, B93 0PU.

2.2 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 you provided to us in your order.

2.3 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 When your order will be accepted

You will be deemed to have accepted your order either a) when you click the “accept” button within our quoting platform or b) when we receive acceptance of the quote via email. At this point, subject to clause 3.2, a contract will come into existence between you and us for the Services on the terms set out in these Terms and Conditions.

3.2 If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Services. This might be due to stock levels, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods, or because we are unable to meet a delivery deadline you have specified.

3.3 Appointment as agent

You appoint us as your agent for the installation of the Goods. You authorise us to enter into an agreement with an independent Installer on your behalf. We will:
a) appoint an Installer that we believe is appropriate to carry out the installation of your particular Goods;
b) arrange a suitable date for the installation with both you and the Installer;
c) retain all responsibility for the Goods supplied pursuant to this agreement.

3.4

You acknowledge and agree that the contract for installation is between you and the appointed Installer. Any payments in respect of installation will be made to the Installer directly. However, please note the Installer also has the authority to take payments on behalf of The Loftman Company in relation to the Goods and Loftman Services. We are responsible for the Goods and Loftman Services and all liability relating to them as set out in these Terms and Conditions. The installer is responsible for the standard and quality of the installation of the Goods and any liability relating to the installation of the Goods.

4. Our products

4.1 Goods may vary slightly from their pictures

The images of the Goods in our brochure and/or on our website 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 in our brochure accurately reflects the colour of the Goods. Your Goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our Goods are handmade, all sizes, weights, capacities, dimensions and measurements they have a 2% tolerance.

5. Requests to make changes

5.1

If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible based on availability of the amended order and/or depending on whether work has already commenced in regard to your original order and cannot be reversed or cancelled. If it is possible we will let you know about any changes to the price as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Any refusals by us to make requested changes after your order has been accepted are at our sole discretion.

5.2

In the event you choose to cancel your order, in its entirety, no later than 5 business days (Mon-Fri) prior to the agreed installation date your full deposit will be returned to you. For any cancellation request which is received within 5 business days of the installation date only 50% of your deposited amount will be returned to you.

6. Our rights to make changes

6.1 Minor changes to the Services

We may change our Product or Services:

a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements. These changes will not affect your use of the products.

7. Building regulations

7.1

We will comply with the law, including complying with Building Regulations, when carrying out the services.

7.2

Unless we have agreed to provide the additional services (at an extra cost) of managing the Building Control process (including to obtain the necessary approvals), then you will be responsible for obtaining approval for any work to be carried out by us or the Installers, from your local council. Further details about Building Regulations and the approvals required are located at: www.gov.uk/building-regulations-approval.

7.3

If we have agreed to provide the additional services of managing approval under Building Regulations, this will be at an additional cost, details of which will be set out in our quotation form.

8. Providing the Services

8.1 When we will provide the Services

When we will During the order process we will let you know when we estimate to provide the Loftman Services, and when the Installers have told us they will supply the Installation Services, to you.

8.2 We are not responsible for delays outside our control

If our delivery of the Services 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. This is in addition to your rights as set out in Clause 10.

8.3 If you do not allow us access to provide services

If you do not allow us or the Installers access to your property to perform the Services as arranged we or the Installers may charge you additional costs incurred by us or the Installers as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 11.2 will apply.

8.4 Your legal rights if we perform late

You have legal rights if any Loftman Services and/or or Installation Services are performed late (Late Performance). In the event of Late Performance you may treat the contract as at an end straight away if any of the following apply:
a) we have refused to complete the Services;
b) performance of the Services within a deadline was essential (taking into account all the relevant circumstances); or
c) you told us before we accepted your order that performance of the Services within a deadline was essential.

8.5 Setting a new deadline

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.4, you can give us a new deadline, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

8.6 What will happen if you do not give required information to us

We may need certain information from you so that we or the Installers perform our obligations under these Terms and Conditions. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10.1) 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 Services 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.

8.7 Reasons we may suspend the Services to yous

We may have to suspend the supply of Services to:
a) deal with technical problems or make minor technical changes;
b) update any product to reflect changes in relevant laws and regulatory requirements; or
c) make changes to any product as requested by you or notified by us to you (see clause 6).

8.8 Your rights if we suspend the Services to you

We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or an emergency. If we have to suspend the Services, we will adjust the price so that you do not pay for Goods while they are suspended. In the event the services are suspended for a period exceeding 4 weeks, you may contact us to end the contract.

9. Your rights to end the contract

9.1 Reasons we may suspend the Services to yous

You may contact us to end your contract for the Services at any time before we have completed performance of them, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a Good is faulty or mis-described (see clause 11, “If there is a problem with the Goods”).

9.2 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 (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
a) we have told you about an upcoming change to the Service and/or these Terms and Conditions which you do not agree to;
b) we have told you about an error in the price or description of a Good you have ordered and you do not wish to proceed;
c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
e) you have a legal right to end the contract because of something we have done wrong (but see clause 8.5 in relation to your rights to terminate the contract in the event of Late Performance).

9.3 What happens if you end the contract without a good reason

If you are not ending the contract for one of the reasons set out in clause 9.2, the contract will end immediately and we will refund any sums paid by you for the Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract early.

10. Our rights to end the contract

10.1 We may end the contract created by these Terms and Conditions if you are in breach any of the Terms and Conditions

We may end a contract 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 7 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 Services;
c) you do not, within a reasonable time, allow us or the Installers access to your premises and access to utilities at your premises to supply the services.

11. If there is a problem with the product

11.1 How to tell us about problems

If you have any questions or complaints about the product, please contact us. You can telephone us at 0800 689 5805 or write to us:
by email: info@theloftmancompany.co.uk; or by post: Office 2 Greswolde House 197b Station Road, Knowle, B93 0PU.

11.2 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 and Conditions will affect your statutory legal rights as set out in legislation that may change from time to time. If you require more information, then please visit the Citizens Advice website www.adviceguide.org.uk.

11.3 Your obligation to return rejected Goods

If you wish to exercise your legal rights to reject the Goods you must allow us to collect them from you. We will pay reasonable costs of such collection.

12. Price and payment

12.1 Where to find the price for the Goods

The price of the Goods (which includes VAT) will be the price set out in your order. We take all reasonable care to ensure that the price of Goods advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Goods you order.

12.2 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 Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Good in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong

It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Goods correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Good’s correct price at your order date is higher than the price stated in our price list, 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.

12.4 When you must pay and how you must pay for the Services

Payment for the Services will be collected as follows:
a) Upto a 50% deposit is required prior to delivery of the Services. The size of the deposit will be dependent upon the value, size and specification of the work. The value of the deposit will be communicated to you in advance.
b) The remainder of the balance will be due upon completion. Payment will be collected immediately after completion by the Installer using our card payment system, or alternatively, we reserve the right to collect the outstanding balance via the method used to place the deposit.

12.5 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 4% a year above the base lending rate of Barclays 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.

12.6 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

13.1 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.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services; and for defective Goods under the Consumer Protection Act 1987.

13.3 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.

13.4 We are not liable for business losses

We only supply the Services for domestic and private use and you give your assurance that you will only use the products for domestic and private use. 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.

14. How we may use your personal information

14.1 How we will use your personal information

We will use the personal information you provide to us:
a) to supply the Services to you;
b) to process your payment for the Services; and
c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

14.2

We will only give your personal information to third parties where the law either requires or allows us to do so and to any Installers who will provide the services.

15. Other important terms

15.1 We may sub-contract our rights and obligations under this agreement

We may subcontract our rights and obligations under these Terms and Conditions to another organisation.

15.2 We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.3 You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.

15.4 Nobody else has any rights under this contract

This contract is between you and us; no other person shall have any rights to enforce any of its terms.

15.5 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these Terms and Conditions 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.

15.6 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 Services, we can still require you to make the payment at a later date.

15.7 Governing law

These terms are governed by the laws of England and Wales and you may bring legal proceedings in respect of any dispute or claim regarding our contract in the English courts.

16. Structural Defects:

16.1

Unless specifically mentioned, no provision is made by us for defects to the building structure or any structurally related objects when carrying out an installation. It is assumed that such surfaces/items are in good condition and suitable to undertake the works agreed.
The cost for repair or renewal of any structural defect or movement of any obstruction which is not visible at the time of survey or installation will be chargeable unless allowance for such items is specifically included in the quotation.
Lath & Plaster Ceilings are of considerable age and typically display structural fragility. While we make every effort to prevent any disintegration, whether minor or extensive, there remains a risk of such deterioration during renovation work. It is essential to note that we do not assume liability for the repair, replacement, or repainting of lath and plaster ceilings in the event of any crumbling, cracking, or deterioration, which is primarily attributed to the ceiling’s age rather than damage caused by our actions. Furthermore, it is important to be aware that lofts with this type of ceiling tend to accumulate heavy dust. While we take reasonable precautions to shield the immediate work area from dust settlement, it is impossible to completely eliminate this occurrence. In cases where we have taken measures to minimise dust accumulation, we do not accept responsibility for repainting or cleaning carpets to eliminate heavy dust or marks.
*Weak ceilings that have been poorly repaired or ceilings that show signs of sagging, cracking or are dis formed in any way will also be subject to this condition.
Newly plastered ceiling and ceilings in new build homes may not have been bonded correctly. This may result in small areas of plaster popping off the screws used to hold the plasterboard in place. We take every care to ensure this is minimised but we cannot be held responsible for repair or repainting where these screw pops appear as they are a structural defect as opposed to damage caused by R L JONES INDUSTRIES LTD (trading as The Loftman Company).