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R L Jones Industries LTD – Trading as ‘The Loftman Company’, Terms and Conditions
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).
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.
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.
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.
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.
When we use the words “writing” or “written” in these terms, this includes emails.
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.
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.
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.
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.
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.
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.
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 5-3 business days of the installation date only 50% of your deposited amount will be returned to you. For any cancellation request received inside 2 business days of the installation date the full deposited amount would become non refundable.
Disclaimer: Customers are responsible for reviewing and understanding the detail of works which includes the products and services outlined in the quotation, before approval. Approval of the quotation signifies that the details herein have been reviewed and accepted.
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.
Where any material, product, brand, finish, or component specified in the quotation becomes unavailable, delayed, discontinued, or impractical to obtain, we reserve the right to supply and install a suitable alternative of equivalent or better quality, specification, performance, and appearance where reasonably possible.
Any alternative supplied will not materially reduce the quality, performance, or intended use of the Goods or Services and will not affect your statutory rights.
We will comply with the law, including complying with Building Regulations, when carrying out the services.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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”).
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
We may subcontract our rights and obligations under these Terms and Conditions to another organisation.
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.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
This contract is between you and us; no other person shall have any rights to enforce any of its terms.
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.
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.
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.
All products are covered under their respective manufacturer’s warranties. Any additional guarantees, including lifetime guarantees where applicable, are non-transferable and apply solely to the original purchaser. The Loftman Company will require proof of purchase for any warranty or guarantee claims. Claims must be submitted in accordance with the terms outlined by the manufacturer or as specified at the time of purchase.
Please be advised that newly plastered ceilings (in properties of any age) and ceilings within recently built properties may not have fully cured at the time of installation. Consequently, the change in use of the loft space; particularly for storage purposes, and the associated increase in structural load may result in the formation of minor settlement cracks or the dislodgement of small areas of plaster (commonly referred to as “screw pops”) at plasterboard fixing points.
While R L JONES INDUSTRIES LTD (trading as The Loftman Company) exercises all reasonable care to minimise the occurrence of such issues during the course of installation, we do not accept liability for any resultant cosmetic damage, including but not limited to cracking or plaster displacement. Responsibility for any subsequent repairs or redecoration shall rest solely with the customer. As a result no warranty or guarantee is offered in respect of such occurrences.
The Loftman Company specialise in all types of loft installations including loft ladders, new and enlarged hatch openings, loft flooring, loft insulation, lights and roof (Velux) windows across all areas in the UK.
The Loftman Company cover The Midlands, Gloucestershire, Oxfordshire, East Anglia, Greater Manchester and Liverpool.
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