1.  Definition of terms

In these Conditions (“The Conditions”) the following terms have the following meanings:-
“You / Your” means the person(s), firm or company who purchases the Goods and/or Services from Us.
“Our / Us / We” means Kover-it.  Kover-it is the trading name for David Beecham Trading as Kover-it.
“Order” means the placing of an order, this can include any Custom goods, or any Goods from Our website. An Order can be placed through Our Website, or over the phone with Us.
“Goods/Products” means any goods or products (which can include Custom) to be supplied by Us to You under these conditions.
“Custom Goods” means any goods or products which are custom made. This includes (but not subject to) custom covers, custom side panels, custom tarpaulins. This also includes if You request a Standard Product to be ordered in a colour not shown then this will convert the Standard Product into a Custom Goods.
“Standard Product(s)” means any Good(s)/Product(s) which is a pre-made or/and non-custom good(s).
“Product page” means the website page of the product.
“Services” means the services (if any) agreed in Writing to be performed by the Us.
“Website” means Our website of www.kover-it.co.uk
“Writing” means communication using emails and/or post.
“Confirmation Paperwork” means the confirmation paperwork which We email to You. This is relevant to Custom Goods.
“Verbal Confirmation” means the communication of confirmation in relation to Your Order which We give over the phone.
“Delivery Address” means the address for the delivery of Your Order, as indicated by You When placing Your Order, or as confirmed in your Confirmation Paperwork.
“Specified Delivery Date” means the date which is given to You as the actual delivery date for Your Good(s). You will be notified of this date by Us or by the Courier.
“Quotation” means a quote.
“Instant Computerised Quotation” means a quotation automatically generated by Our Website. This form of quotation is based upon the specific details entered in from the user of the form.
“Contract” means any contract between Us and You for the sale and purchase of the Goods and/or Services.
“Services” means the services (if any) agreed in the Contract to be performed by Us.
“Overall Measurements” means the overall length, overall depth (also referred to as width) and overall height.
“Confirmation Process” means the process of confirmation which is relevant to Custom Goods and Custom Products. The Confirmation Process can include multiple forms of communication including email, telephone and Whatsapp.
“Shape Code” means the illustration of shape shown on Our Website. These begin with kc.

 

2.  General

2.1.  The supply of Goods to You by Us and Your use of Our Website is subject to these Conditions including Our Privacy Policy and the Website terms and conditions of use which are accessible through this Website. Please ensure to read through these Conditions before placing an Order. Please save or print a copy of these Conditions for Your future reference. By placing an Order with Us it shall be deemed that You have accepted these Conditions.

2.2.  We reserve the right to amend and update these Conditions and this Website at any time without notice, this may be in accordance with relevant laws and regulatory requirements. It is Your responsibility to re-visit this page each time You use Our Website or place an Order to ensure You accept the Conditions.

2.3.  These Conditions together with the Confirmation Paperwork constitute the whole agreement between Us and You and supersede any prior promises, representations, or undertakings whether written or oral. These Conditions supersede any other terms or conditions, and do comply with relevant legal conditions.

2.4.  If any Conditions are unclear then we request that You contact Us so that We may clarify. If You think that there is a mistake in these Conditions then please contact Us.

2.5.  You can contact Us by either: Telephone- 01189 406095, Email- sales@kover-it.co.uk, Postal Address- Unit 6 Enterprise Court, Prince Street, Bradford, Yorkshire, BD4 6HQ.

2.6.  No variation of these Conditions shall apply unless confirmed in Writing by or on behalf of David Beecham.

2.7.  It is Your responsibility to know if Your Order or/and Good(s) is deemed as a Custom Good(s) or whether it is classed as a Standard Product(s). There is no ‘cooling off period’ for Custom Good(s).

2.8.  It is Your responsibility to know if Your Order (for example your type of custom cover or standard cover) is correct for Your Use and Purpose. We are not liable or responsible for any possible damage or loss (to Your item or Goods). If You are unsure whether Your Goods are suitable for Your given Use or Purpose please ask Us.

2.9.  In accordance with English law and regulations, it is important to note that there are slightly different rules when We sell to a business or company vs when We sell to a consumer. Therefore, if You are a business please take special note that You acknowledge the following applies:

2.9.1.  Condition 13.2 will not apply to You or Your Order.

2.9.2.  You confirm that You have authority to bind any business on whose behalf You use Our site to purchase Goods or Services.

2.9.3.  If You are to sell on any of Our Goods You must not miss-sell or act fraudulently about any of Our Goods. It is also Your responsibility to ensure the correct Use and Purpose for Goods.

2.9.4.  If You are to sell on any of our Goods You acknowledge that You will be exempt from any possible extended warranty or 5 year guarantee. However, at Our discretion We may put in writing to You an agreement relating to an extended warranty.

2.9.5.  If We are selling Custom Goods (such as a Custom Cover) to You, and You are acting on behalf of someone else You must take full responsibility for the Confirmation Process and Confirmation Paperwork, and You are solely responsible for the Order. This includes if we are given permission by You to speak with Your client or someone else regarding any Confirmation.

2.10.  If you purchase a custom cover order from us (whether this is through our website or not), any deposit taken (whether on our website or over the phone/or online) is deemed as non-refundable.

 

3.  Quotation and Orders

3.1.  A Quotation does not constitute a contractual offer by Us.

3.2.  Any pricing given over the phone does not constitute any type of Quotation, A Quotation can only be classed as a Quotation when it is put into Writing, or where Our Website generates an Instant Computerised Quotation.

3.3.  A Quotation is valid for 14 days from the date of being issued (with the exception of Instant Computerised Quotations, or unless a Quotation specifies differently). In special circumstances (such as sudden inflation by suppliers) We reserve the right to amend or revise Our Quotation.

3.4.  A Quotation is based solely upon the details and information that You submit to Us. It is very important to ensure all details are accurate and true.

3.5.  If You accept a Quotation (or Instant Computerised Quotation) and make payment to Us for the Custom Product or Goods, if during the Confirmation Process We deem Your Custom Product (as based upon the details You submitted for Quotation) not suitable for Your use or item then we reserve the right to either of the following:

3.5.1.  Allow for the continuation of Your Order on the basis that You accept that Your Goods will not have any Warranty and that We deem that Your Goods are not fit for purpose and You are fully liable for Your Goods.

3.5.2.  Issue You a new Quotation (any payment already made would automatically be assigned to this, so we may be requesting additional payment) Or it will be deemed that You are in breach of the contractual agreement in which case We will have the right to end the contract (cancel Your Order) and You will not be entitled to a full refund. Please refer to Our Rights to End The Contract.

3.6.  An acceptance by You of the Quotation shall be an offer by You to purchase the Goods and/or Services. No Contract shall come into existence until We issue a written Order Acknowledgement to You or (if earlier) We deliver the Goods to You and/or perform the Services.

3.7.  On Custom Goods (such as custom covers) We expect You to provide us with accurate and exact measurements and information. If we request Overall Measurements for an item then it is YOUR responsibility to provide these accurately.

3.8.  The Shape Codes shown on Our Website are to be used for illustration purposes only. We expect You to use a Shape Code to reflect either the item which you are covering (what the Custom cover is for) OR to reflect the shape for the Custom cover.

3.9.  We reserve the right to revise Our prices at any time without notice.

3.10.  It is YOUR responsibility to ensure Our Quotation or Instant Computerised Quotation and/or Good(s) is correct for Your Use or item. It is possible that We may miss communication from You or We may not be given enough details from You, in which case it is important that You read and understand Your Quotation. An example would be If for example You require additional security methods on Your Custom Cover and if Your Quotation does not specify additional securing methods then this means Your Order will not include additional security methods, and You should be aware of Condition 3.5 which may apply to You.

3.11.  As standard a Quotation for any Custom Cover or Custom Goods for use as an outdoor cover is intended for: the use at ground level, and where wind levels do not exceed 13 knots.

 

4.  Specifically Quotation and Orders of Custom Products

4.1.  Any Instant Computerised Quotation which is automatically generated by Our Website (through specific Custom Products) is solely based upon a calculation based upon the set details inputted by You. It is Your responsibility to ensure that You have submitted the correct details and measurements, and that You have chosen the correct options and Product.

4.2.  An Instant Computerised Quotation is valid for the exact shaping and details set out within the instant Computerised Quotation. It is Your responsibility to ensure you read and understand this.

4.3.  If You accept an Instant Computerised Quotation and make payment on Our Website for the Custom Product, if during the Confirmation Process We deem Your Custom Product not suitable for Your use or item then we reserve the right to either: – Issue You a new Quotation (and any payment already made would automatically be assigned to this, so we may be requesting additional payment). Or -We reserve the right to cancel Your Order and You will incur a cancellation fee. The cancellation fee will be dependent upon how far the order has been processed, but all cancellations are subject to at least a 20% (of the total order) cancellation fee, and more if Confirmation Paperwork has been started or completed. Or -We reserve the right to carry out Your Order exactly as per specified with Your understanding that any possible warranty will be void.

 

5.  Description of Goods

5.1.  For the avoidance of doubt, all sizes, measurements, drawings, descriptive matter, specifications, illustrations and advertising issued by Us on the Website are an approximation and are published for the sole purpose of giving an approximate idea of the Goods described.

5.2.  The packaging of the Goods may vary from that shown in images on Our Website.

5.3.  Marketing materials and images on Our Website or emailed to You may not be a true reflection of Our Product(s), Certain parts of Goods (such as elasticated securing shock cord, or clips) may vary from that shown in images on Our Website.

 

6.  Description relating Specifically to Custom Covers and Custom Goods

6.1.  You should follow Our instructions about how to measure Your item – This means following any instructions shown on Our Website, or where We may communicate (oral or in writing) to You. As standard (and unless We state otherwise) We expect You to measure Your items Exact measurements and We will ‘Allow for Fit’. If You do not follow Our instructions or if Your item differs in any way to Your Confirmation Paperwork then it is expected that Our ‘Allow for Fit’ or any tolerances made within the manufacture of the Custom Cover will likely result in a bad fit or not the desirable fit.

6.2.  A person’s version of ‘Good fit’ can be subjective. To avoid doubt, Our version of ‘Good fit’ is where a Cover is slightly bigger than the item (in both length and width) and the cover should not be too tight or too baggy, and there should be a gap at the ground.

6.3.  If the item being covered has various different heights and protruding parts, You acknowledge that we cannot guarantee a ‘Good fit’. In some circumstances We may advise knocking an amount from the height to allow for extra fall which will occur around the item.

 

7.  Tolerances and measurements relating to Custom Covers

7.1.  For most Custom covers Our ‘Allow for Fit’ means we would aim for the cover to finish in size between approximately 2cm-3cm bigger on the length and depth (also referred to as width), and we would aim for the height of the cover to be approximately 2cm less than Your item’s height. We make the covers height less because in most cases naturally a cover will drop further around all sides of the item (as it is good to have certain seams landing over the edge of an item) , and it is best to have a slight gap at the ground. We aim for the gap at the ground to be between 5mm-30mm (unless we state otherwise).

7.2.  For most Custom covers Our ‘Make to Size’ means we would aim for the cover to finish in size to within 25mm of Your specified measurements.

7.3.  If there is a contradiction within Your measurements supplied to Us then We would either: Ask You to double check measurements and remeasure Or We would ignore the contradicting measurement (assuming other measurements add up).

7.4.  We do not work from any angle measurements (of degrees) supplied.

7.5.  We strongly advise You never rely on manufacturer or third party measurements or schematics (as we have seen instances where manufacturers or companies have had inaccurate measurements for Your item being covered, and they will not take any liability if You use them). If You are unsure on how or where to measure then please get in touch with Us.

7.6.  You are responsible for ensuring measurements that You supply are correct and accurate. We are not liable for incorrect measurements being supplied to Us whether they are supplied by You or an appointed third party on behalf of You.

7.7.  Measurements of a Cover should be taken from the physical stitch seam to the opposite stitch seam, or when measuring height it is from the top stitch seam in a straight line down to the very bottom of the cover. The cover must be held taught when measuring.

 

8.  Confirmation Process

8.1.  All Custom Goods Orders are subject to a Confirmation Process. It is Your responsibility to ensure that You have supplied us with the correct contact details to send any communication from Us to You. We are not responsible for any IT or technical errors causing a delay in the Confirmation Process.
8.2.  If there is a delay during the Confirmation Process then it is reasonable to expect that a delay will be put on Your Order. If We send You communication such as requesting measurements We do expect a response from You within a reasonable time frame (within 5 working days from the date of our communication unless we state otherwise). In the event that there is a lack of communication or delay caused by You or caused inadvertently by You then We reserve the right to either or both of the following to happen:
8.2.1  We will change Your estimated delivery due date, and in some instances such as where we have had to change the delivery due date multiple times due to lack of communication back from You or where You are unable to supply Us with the information necessary within the correct time frame then We may move Your allocated manufacture slot to the back of the queue.

8.2.1  We will Write to You (by email and post) to inform You that We require communication from You and there is risk of a breach of contract which would result in the Order being cancelled. In accordance with Our Conditions and in line with the Consumer Rights Act 2015 You will not be entitled to a refund if the Order is Cancelled due to a breach of the Contract.

8.3.  We are only able to give an accurate Lead time or delivery ‘due by’ date at the time of You placing an Order and making payment or deposit for an Order. Any lead time given within a Quotation can only be a guide, this is because we manage our lead times based upon the orders being booked into our workshop.

8.4.  When an Order is placed (and payment or deposit is made from You to Us) then We allocate a slot for Your Order being manufactured in Our workshop (and it is possible for this slot to move forwards or backwards depending on factors such as Condition 8.2 and Condition 10.2).

8.5.  When an Order is placed We will supply You with a ‘due by’ date which is an estimate of the latest date for delivery of your Custom Order. It is possible (and in most cases likely) that We will complete or/and deliver Your Order to You before this date. It is also possible for the ‘due by’ date to not be met or to be changed, as per in accordance with Condition 8.2 and Condition 10.2.

8.6.  If during the Confirmation Process there is an issue to do with measurements being supplied such as a contradiction in measurements or where We deem it important to cross reference or double check something then in some circumstances this may cause a delay on Your Order. This is why we aim to have Confirmation paperwork complete early. Please note there are some custom covers and Custom Goods whereby We will only spot a contradiction in measurements or issue with confirmation during the physical manufacture of the Goods – If this is the case then We will contact You immediately to resolve the issue, However it is reasonable to expect this may result in a delay of Your Order.

 

9.  Delivery

9.1.  The Goods shall be delivered to the Delivery Address as per what is on your Order Confirmation or Order Acknowledgement, or to such other place of delivery as is agreed in Writing prior to dispatch of the Goods.

9.2.  For the majority of Good(s) We use a fully tracked Courier service which only delivers Monday-Friday and on working days (so does not include weekends, public or bank holidays).

9.3.  Delivery will be deemed as successfully made once the Goods have arrived at Your Delivery Address. If we receive notification from our courier of the delivery then this constitutes a successful delivery unless we are notified otherwise. In the case of delivery to certain organisations such as hospitals, airports, hotels and other business premises, the signature of any person authorised to accept delivery on behalf of the organisation will be accepted as proof of delivery.

9.4.  As standard Our courier cannot give an allocated time slot for deliveries, However, they will only deliver during the working hours of between 8am-5pm, unless We state otherwise. Assuming dispatch and contact details were inputted correctly, then You should receive a notification from the courier with an estimated 2 hour window frame of delivery, if You do not receive this message then You can contact the courier and request this (only available on the morning of specified delivery date and You will need Your consignment number and postcode).

9.5.  Some of Our Conditions regarding Delivery mirror certain terms and conditions which We have to abide by with Our Courier. This is why it is crucial that You inform us in Writing AND by telephone immediately if there is or has been an issue with Your Delivery. Please take special attention to Conditions 9.6 through to 9.9.

9.6.  If upon Delivery You discover the parcel or packaging to be defective, damaged or partially opened, then You must take photographic evidence AND notify Us within 2 working days of receiving the Goods.

9.7.  You will receive notification of Your Specified Delivery Date for Your Good(s) by either an email from Us or the courier. If You cannot accept the Good(s) on the Specified Delivery Date Or if there is any issue then You must contact Us immediately by Email and/or telephone.

9.8.  If Your Order does not arrive (as per by 5pm on the Specified Delivery Date notified to You from either Our courier or Us directly) then You must Contact Us immediately or within 2 working days of the Specified Delivery Date. If You do not notify Us within the time limit then We will be unable to claim for any possible liability from Our courier.

9.9.  If You opt for Your Order to be left by the courier in a safe place or with a neighbour then You are accepting liability and responsibility for any possible loss, damage,or theft happening to Your Goods. The wording ‘safe place’ can be subjective so please specify the safe place.

9.10.  After You have placed Your Order, You may incur further fees to do with delivery if either of the following applies:

9.10.1.  If You request a change of delivery details after we have dispatched the Good(s). (And note in some circumstances it may not be possible to change the delivery details after dispatch).

9.10.2.  If Your Order has changed a lot from your original Order or Quotation resulting in a change of packaging necessities or courier services.

9.10.3.  If You request a new Delivery Address which is outside of the area for our UK non-remote mainland area.

9.10.4.  If You request that the Delivery must be a pre midday or pre-10am.

9.10.5.  If You request more than 1 delivery (for example if You request for part of Your Order to be delivered sooner than the given latest due date).

9.10.6.  If the courier has attempted delivery to Your Delivery Address more than 2 times (and if We or the courier have given you reasonable notice) then You accept that there may be an additional fee incurred. There may also be a fee incurred which You will be responsible for if You require the courier to store Your Order for a time period longer than 3 working days.

9.10.7.  If You do not accept delivery for the Goods and refuse to take delivery at the point of Delivery. (If the package is intact and correctly labelled for You then We expect You to accept the Goods at point of delivery).

9.10.8.  If We or Our courier are unable to deliver the Goods on time because You have not provided appropriate instructions, documents, or if You refuse to accept delivery.

9.10.9.  If a delay (which We are not responsible for) has occurred on Your Order, and if there is an increase in packaging and postage/courier costs by the time of Your dispatch.

9.11.  If You do not collect the goods from Us as arranged or if, after a failed delivery to You, 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 re-arrange delivery or collection We may end the contract and condition 15.3 will apply.

9.12.  Any Courier notes should only include information relevant to the delivery such as either a safe place the parcel can be left (in which case see condition 9.9 ): or if there are any notes for navigation or entering the address relevant. Any notes or requests asking for a phone call on the day of delivery is down to the discretion of the delivery driver. You can request within the courier notes for Us to call You upon dispatch, However We are not responsible for the possible delay this may cause if We are unable to communicate with you.

9.13.  We use a fully tracked courier service, and the courier will require a signature from You or from someone on behalf of You at the Delivery address before they are able to complete delivery, unless the following apply:

9.13.1.  In the case of an external factor such as a pandemic then our courier may not require a physical signature but the delivery driver will require a name verbally for the delivery records, and the delivery driver will need to take a photo (of the parcel near the once opened door) as proof of delivery.

9.13.2.  If You Opt for Your Order to be left in a safe place or with a neighbour. If You do accept the parcel being left in a safe place then we strongly advise that You specify the exact location rather than leaving it to the discretion of the driver.

9.14.  If You need to approve the Specified Delivery Date prior to us dispatching Your Order then please ask us to call you upon dispatch.

9.15.  If upon delivery there are no notes for the parcel to be left safe, and if nobody is able to sign for the delivery then the courier will be unable to complete delivery. You should receive an automatic email notification of the attempted delivery, and it is the delivery driver’s discretionary responsibility to put a card at the Delivery Address with the notification of attempted delivery. In most cases the courier will attempt to redeliver the next working day.

9.16.  If an attempted delivery has taken place then it is Your responsibility to get in contact with Us or the Courier company to organise the re-delivery.

9.17.  Subject to the other provisions in these Conditions, We shall not be liable to You for any loss (including loss of profits), costs, damages or expenses caused directly by any delay in the delivery of the Goods or performance of the Services.

9.18.  Because we manufacture many Custom Products it means any issue caused by Our courier or during any Delivery is taken very seriously by us. We understand that in any situation there can be room for error, However we use a Courier which has shown us a reliable, consistent and high level of service for many years. We also ensure all of our Goods are packaged to a high standard, and we ensure to monitor our Courier throughout the year. We value feedback from Our customers about Our Courier and Delivery Service, However we request that You acknowledge and accept that We are not responsible for any issues arising from Our Courier.

9.19.  We reserve the right to charge You postage and packaging and delivery expenses where deemed appropriate in accordance with the postage and packaging prices set out on Our Website from time to time.

9.20.  For deliveries outside of the UK, We are not responsible for any custom duties or taxes put onto the Goods, nor are we responsible for providing accurate information on up to date regulations. We shall always endeavour to be informative and honest. We shall endeavour to fulfil Our obligation to provide the correct paperwork and information to the relevant party.

9.21.  For deliveries outside of the UK, if You place a Custom Order we may give You an estimated delivery cost (which would include being fully tracked and insured) this estimated delivery cost is an estimation due to the possibility that the true cost upon actual dispatch may increase or decrease from at the time of Order. If for any reason upon dispatch the cost is far greater than Our estimation then we reserve the right to provide You with all details of the parcel for You to organise Your own courier to collect from Us. Alternatively We may request the increased courier cost.

9.22.  If for any reason You have organised with Us to collect Your Goods, you acknowledge that We may still charge a nominal amount for packaging on certain Goods.

9.23.  If You have ordered Custom Side Panels then we will usually aim to package these in a way to avoid creases or bruises from occurring, but We are unable to guarantee that there will not be some minor bruising which can be caused during the manufacturing process. If You have opted with Us to package in the most cost-effective manner or to fold side panels then We will not be responsible for further bruising or creasing.

 

10.  Delivery Time and Lead Times

10.1.  Times for delivery of Goods from the date of acceptance of Your Order may vary and are intended for estimate-use only. Approximate times for delivery of certain Good(s) can be found either on the product page on Our website or through contacting Us. Please note that in exceptional circumstances delivery can take up to 14 weeks (this is due to the nature of manufacturing of certain Goods supplied).

10.2.  If Our supply of Goods is delayed by an event outside of Our control then We will contact You as soon as reasonably possible to let you know and we will take precautions to minimise the effects of delay. Provided We do this We will not be liable for delays caused by the event or situation, but if there is a risk of substantial delay (more than 56 days from Your original delivery due date) You may contact us to end the contract and receive a refund for any Goods You have paid for but not received.

 

11.  Acceptance of the Goods and Services

11.1.  You have 14 days from the date of delivery of the Goods and/or performance of the Services to notify Us of any shortages or defects in those Goods and/or Services. Thereafter, the Goods and/or Services shall be deemed accepted by You.

 

12.  Goods Warranty

12.1.  Only Products or Goods purchased directly from Us are covered by Our warranty. A warranty is not valid if there is an outstanding balance or payment due by You to Us.

12.2.  In relation to the Standard and Custom Goods manufactured by Us, We warrant to You that on delivery and for a period of 12 months (or for your given warranty period) from the original date of delivery that all components of the Goods which are manufactured by Us shall conform in all material respects with their Specification (or the relevant part thereof) and be free from any material defects in design, material and workmanship, However must adhere to all conditions including Conditions 12.3, 12.4 and 12.5.

12.3.  The warranty does not apply to usual fair wear and tear, meaning scratches, dents or normal deterioration that occurs through regular use. It does not cover any deterioration due to the usual weather process such as fading, creasing, or bruising.

12.4.  If Your Goods have any extended warranty (any warranty or guarantee over 12 months then it is subject to all conditions within 12.3 and 12.5, but all zips, and any sign print are exempt from extended warranty or guarantee.

12.5.  The warranty does not apply if the following applies:

12.5.1.  If the Goods have been misused or used in a way which is not recommended or used in a non common-sense manner (An example would be putting a cover on inside out, or putting a cover over a BBQ which is still extremely hot).

12.5.2.  If the Goods have been altered, modified, or transformed in any way without Our written consent.

12.5.3.  If the Goods are continued to be used after the defect or fault is recognised. (As this can result in further damage).

12.5.4.  If the defect arises because You failed to follow Our oral or written instructions as to the storage, installation, use of, or maintenance of the Goods.

12.5.5.  If the Goods are not fit for purpose or Use.

12.5.6.  If the Goods is a cover – If the defect arises due to it not being the correct textile, size, design or shape for its purpose or given use. (For example a cover too tight may result in seams coming apart, or a cover too baggy will have more flexations within and will move more resulting in possible damage/defects).

12.5.7.  If the Goods is not used as recommended (An example would be any covers not properly secured down)

12.5.8.  If You are not able or willing to provide adequate proof of the fault or defect, or if You do not adhere to our returns process of faulty goods (as outlined within Condition 14)

12.5.9.  If You are unable to provide proof of Your purchase, or if You are not the original buyer of the Goods.

12.5.10.  If You have ever machine washed or pressure washed Your Cover or Goods.

12.5.11.  If the fault, defect, or damage arises from neglect, misuse, abuse, extreme weather conditions, natural disasters, or accidents.

12.5.12.  If You continue to use the Goods (or cover) after the issue/defect has arisen (unless We have authorised to do so in writing, in which case We expect all of Our instructions to be followed carefully).

 

13.  Non Faulty Returns

13.1.  All Custom Products and Custom Goods are non-refundable and non-returnable.

13.2.  Our non-faulty returns policy complies with Consumer Contracts Regulations 2013, The Consumer Rights Act 2015, and Distance selling Regulations. If You wish to return Your non-faulty goods we are happy to offer a full refund (minus upgraded delivery costs as outlined in condition 13.3) or exchange on any Goods returned to us provided the following applies:

13.2.1.  It is a Standard Product and is not Custom Goods or a Service or part of a Service.

13.2.2.  You have notified Us in Writing that You wish to return Your Goods within 14 days of receiving Your Goods and You must return the Goods back to our correct address (BD4 6HQ) within 28 days of You receiving the Goods with Your Order number and name clearly visible with the Goods.

13.2.3.  The returned Goods must be in an unused condition and suitable for resale. We expect the Goods to be in the exact same condition as when we sent it out (this includes if a cover is neatly folded we do expect it to be neatly folded when we receive it.)

13.2.4.  Any packaging of the Goods must also be undamaged and in resale condition. The only exception to this condition is if the Goods had been packaged in unmarked material and only where We specify that we do not expect packaging to be intact.

13.2.5.  The Goods must be fully intact and can not be part of a set, pair or be incomplete.

13.2.6.  It is Your responsibility to safely get Your Goods back to Us and within the working hours of between 8.30am-4pm Monday-Friday, which means You should ensure that You package the Goods adequately, and that You use an appropriate courier service or method of transport. We strongly recommend to use a fully tracked, insured, and signed-for service, and to notify Us as to when to expect delivery.

13.2.7.  That You (or the buyer of the Goods) is not a business

13.3.  If all conditions are met to qualify for a refund, then We will provide You with a refund using the same means of payment as you made for the Goods. Subject to Condition 13.4, The refund will include post and packaging at our standard rate only, this means even if You chose a more expensive option for delivery we will not be refunding any amount over the standard base rate for delivery. We will provide the refund within 14 days of receipt of the Goods (or earlier if we receive proof of return and all conditions are met).

13.4.  If You qualify for a refund then You will not receive a refund in full or refund of the delivery if the following applies: If the Goods were part of a special offer involving other Goods or if You received any discount due to exceeding a certain spending limit or due to buying multiple Goods, in which case We would require the full Order and all Goods (which contribute towards the discount or special offer) in order to issue the full refund. If You return only part of an order then We would not refund the delivery cost, and if the Goods were part of a special offer or included any discount then We reserve the right to issue the refund after recalculating the new cost which should have been charged without the returned Goods.

13.5.  If You return Goods which show signs of use, or where packaging is not intact, or where improper storage (or folding) of the Goods has resulted in diminishing the Goods value, then We reserve the right to deduct monies from your refund up to the total price of the Goods.

13.6.  If the Goods You are returning are either damaged by You or damaged during transport back to us then upon inspection of the Goods We reserve the right to reject the return and You will incur the cost of re-delivery to Your address and no refund will be processed.

 

14.  The Process of returning faulty or defective Goods (within it’s warranty period)

14.1.  Please refer to Condition 12 regarding possible warranty. Subject to all other conditions, You will not be entitled to claim on a warranty if You report any defect or fault outside of the set warranty period.

14.2.  If You believe Your Goods have a fault or defect then You must notify Us immediately in Writing (or within 7 days of when You discover or ought to have discovered) and please read through the Conditions outlined within Condition 12. Please note if the fault or defect is caused by You or if the warranty does not apply for any reason, then please make this known to Us and We would still help You if We can. As standard where possible We do expect that You should remove the Goods (or cover) from use, and safely store it (indoors); This is to avoid further damage being caused.

14.3.  Assuming there is no breach of contract and subject to Condition 12.5, if there is a valid claim on warranty, then the following will apply : We shall as our sole option repair or replace any Goods and/or re-perform the Services, or any parts thereof, which We accept as being incomplete or defective. In addition to this: Where Goods are repaired or replaced and/or Services re-performed, such Goods and/or Services will be considered as having been delivered at the same time as the original Goods/Services (as the case may be). This means that any possible warranty is not applicable on an altered, repaired, or replacement product.

14.4.  After You have given Us Written notice of the fault or defect, We will require further information from You and We will put in Writing to You what we require.

14.5.  If You have a defect or fault with a Custom cover then we will request the following things from You:

14.5.1.  Photographic evidence of the fault or defect (including close-up)

14.5.2.  A photo showing the Custom cover in use (on your item) and this photo must be taken standing back so we can see all of the cover and around the cover. In some instances we may require more than one photo.

14.5.3.  A photo showing the item which is beneath the Custom cover.

14.5.4.  We may request that You measure Your item, and that You also measure Your Cover (seam-to-seam).

14.5.5.  Proof of purchase (this can include an invoice or Your Final Confirmation Paperwork).

14.5.6.  Information about the fault or defect.

14.6.  If You have a defect or fault with a Custom Cover then You must allow us a reasonable amount of time to investigate the issue, and You must reply to our communications with You. We aim to sort any issue within a reasonable period of time, and We will try to make the process easy for You, However when dealing with a Custom Cover it is very important to investigate the cause of the issue as We would not want a repeat of the issue.

14.7.  Assuming all conditions and after all conditions relating to Condition 14.5 are met, then We shall advise whether We require the Goods to be sent back to Us for further inspection. If We require the Goods to be sent back to Us for further inspection or for an alteration or repair then You are responsible for adequately packaging the Goods appropriately (and as per our instructions).

14.8.  If we request the cover back to us You must ensure that it is very clean (clean enough to be in your living room). This is because our workshop is a very clean environment and We can not have items within which could contaminate our workshop or risk contamination or damage of machinery. If You do not send a cover back clean then either :

14.8.1.  We reserve the right to return the cover back to You without inspecting it, in which case You will incur the cost of delivery of the cover back to You, and You will be liable for any cost already incurred by Us. We would not be able to move forward with any investigations,repair-work, or Your return until You properly clean and resend Your cover back to Us. Alternatively,

14.8.2.  Please expect a delay (up to 14 working days added to the nominated time period given to you for the investigation/and/or repair work) and You will incur a cost of between £35-£95+VAT for Us to clean the cover before we may carry out any investigation or/and alteration/repair.

14.9.  Please note if we ask for a product(s) to be returned to us for inspection, repair or replacement then this cost must be covered by yourself.

14.10.  If after investigations it is found that either: there is no fault or defect: or if the defect or fault is not to do with a manufacturing issue: or if the Goods have been misused or not fit for purpose: or if it is found the warranty does not apply (see Condition 12): or if there has been a breach of contract then:

14.10.1.  You will incur a cost from Us to cover the cost we incurred for delivery, and You may incur a cost from Us for the labour and time spent during investigations. You will also incur a cost from Us to cover the cost of packaging and redelivery of the Goods back to You.

14.10.2.  We may be able to help You, this is dependant upon the circumstances and resolution manner, but it is reasonable to expect that We would need to charge You appropriately (and in line with our prices and reflection on labour rates and downtime within the workshop) for any type of alteration, modification or repair work. In some circumstances we may find it not feasible to carry out an alteration. We do reserve the right to refuse to offer a repair, and in some circumstances it may not be feasible or practical to carry out an alteration in which case please see Condition 14.10.1

14.11.  In the event of a valid claim, We will endeavour to sort the issue within a sensible time frame, but if there is a lack of communication or delay (not caused by Us) that lasts for longer than 3 months from the date of the report then We shall assume that you no longer wish to proceed with the claim, and the cover will be void from warranty.

 

15.  Ownership and Responsibility For the Goods

15.1.  You own the goods once We have received payment in full (if there is also service carried out alongside the supply of the Goods, then this is also expected to be paid in full for You to own the Goods).

15.2.  The Goods will be Your responsibility from the time we deliver the Goods to Your Delivery Address or You collect from Us.

15.3.  If Goods have been paid for and made, and in the event that delivery or collection has not happened (due to no fault of ours) and if there is a lack of communication for a period of longer than 6 months, and subject to our warnings to You, then the Goods will be deemed as no longer Yours. We may offer to hold onto the Goods (in which case a storage fee may apply) or We may take ownership of the Goods (which may result in disposal, as often Custom Goods are not resaleable).

 

16.  Price and Payment

16.1.  The price of the Goods will be the price indicated on Our Website, or within the Instant Computerised Quotation or Quotation when You placed Your Order. We use Our best efforts to ensure that the price of goods advised to You is correct. However, please see condition 16.2 For what happens if we discover an error in the price of the Goods in Your Order.

16.2.  It is always a possibility that, despite Our best efforts some of the Goods We sell may be incorrectly priced. As standard we will usually check price before accepting Your order, but if there is a pricing error we will contact You for Your instructions before We accept and Process Your Order. If We accept and process Your Order where a pricing error is obvious and could reasonably have been recognised by You as a mispricing, We may end the contract , refund You any sums You have paid and require the return of any Goods provided to You.

16.3.  All prices, fees, charges, disbursements, expenses and other sums payable are in pounds sterling (£) and are inclusive of Value Added Tax unless stated otherwise.

16.4.  No warranty or any issues relating to a breach of contract can be valid if there are any payments outstanding.

16.5.  You undertake that all details You provide to Us for the purpose of purchasing any Goods or Services are correct, and that the debit or credit card You use is Your own, and that there are sufficient funds or credit facilities to cover the cost of the Goods, and that You are over the age of 18 years. We reserve the right to request and obtain validation and verification of the authenticity of Your credit or debit card details before processing Your Order.

16.6.  It is reasonable to expect that Our Prices for Custom Goods can and will change over time and can be dependent and influenced by many factors.

16.7.  Instant Computerised Quotations which are converted into Instant Orders require payment in full at the time of placing Your Order. Due to the nature of the Custom Order and Our obligation to try to ensure we are providing You with Goods fit for purpose please see Condition 4.3

 

17.  Sizes, Samples and Specification of Good(s)

17.1.  Any samples sent to You from Us should be Used by You for reference purposes only. If Your sample does not have a label or name written on it then You should not assume what it is, and if there is any confusion then please contact us. We update Our samples regularly, but it is possible that a sample may not necessarily be from the same batch of textile Your cover would be made from (this is not usually significant as the specified textile would still be as specified and You should take note to Condition 17.2).

17.2.  Whilst We endeavour and make reasonable efforts to ensure We keep our textiles consistent in colour and quality, due to the nature of manufacturing Custom goods there is a risk that when we buy in a certain specific textile (even when bought from the same supplier) there may be a possibility of inconsistency on the next batch of textile. We make precautions to try to alleviate this risk, and when this risk can happen it is usually not massively noticeable to the human eye.

17.3.  Any name or physical description of colour is and can be subjective. Some of the imagery showing our covers and colours on our website should not be used as a true reflection of our physical textiles. Therefore if You wish to see the approximate true colour or look of a textile then we advise You request to see a sample of that specific textile and colour.

17.4.  We aim to keep our choice of PVC-ST colours consistent (this is still subject to condition 17.2) But this means if we label a colour as for example ‘light grey’ this is purely the label for the colour so could be subjective (Hence see condition 17.3), and if we were to add another shade of light grey then we would label the new one differently. If there is doubt about a colour of textile or if You are trying to match a historic order then we strongly suggest contacting Us about it so we may check Your records or/and send You a sample of Our current up-to-date colours.

17.5.  Certain textiles such as Polyester is very limited in its colour choices, we do advise that the colour label is a physical description of the type of shade of colour.

17.6.  If You wish to match a specific shade of colour this should be discussed prior to Order.

17.7.  If You require Us to copy or make something based upon a pre-existing cover, then please note We are limited to the materials, textiles and manufacturing methods we have available to us. Therefore we are unable to guarantee to copy anything completely.

17.8.  Due to the nature of manufacturing it is possible for our methods or processes of manufacture to change over time. Therefore We cannot guarantee that all Goods (including Standard Goods) manufactured by us will be identical or completely consistent.

17.9.  All sizes and measurements we give are subject to a tolerance of within 30mm.

17.10.  Due to the nature of the Goods, We shall not under any circumstances be liable to You for any inherent tendency of all fabrics to shade under the effect of sunlight or to lose colour by soiling.

17.11.  Whilst all reasonable efforts are made to use materials and textiles best suited to Your requirements, We shall not be liable to You for the life of the materials and textiles supplied, the colour fastness of the fabrics, or for any biological or atmospheric degradation of the Goods.

 

18.  Your Legal Rights

18.1.  We are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.

 

19.  Our Rights to End The Contract (Cancellation of Your Order)

19.1.  You must compensate us if You break the contract. If We end the contract in the situations set out in clause 19.4 We will refund any money You have paid in advance for standard products only (non Custom Goods) which We have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract OR a percentage of the price calculated as per depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.

19.2.  If You have a Custom Order or if You have ordered Custom Good(s) from Us, and if You are unable to complete the Confirmation within 6 months or if there is a lack of communication resulting in a hold put on Your Order, then after a period of 6 months We shall be within Our rights to Cancel Your Order. You will not be entitled to a refund, However either of the following may apply:

19.2.1.  After we deduct a cancellation fee (depending upon your order) then We will Credit You the balance amount as a voucher to be used by You with Us. The voucher amount will be valid for 12 months from the date we issue it to You in writing. The voucher will not be transferable to anybody else or transferable to cash.

19.2.2.  We may continue to hold Your Order, However You must understand that we may require additional payment (which is natural with inflation).

19.3.  We may withdraw the Goods. In which case We may write to You to let you know that We are going to stop providing the goods. We will let you know at least as soon as reasonably practicable in advance of Our stopping the supply of the goods and will refund any sums You have paid in advance for products which will not be provided.

19.4.  We may end the contract for Goods at any time by writing to You if:

19.4.1.  Payment is not received by Us on time as per specified by Us to You.

19.4.2.  You do not, within a reasonable time of Us asking for it, provide us with the information that is necessary for Us to provide the Goods, for example if You do not reply to Our communications within the Confirmation Process of a Custom Order, or for example if You do not reply to important communication affecting a Standard Goods Order.

19.4.3.  You do not, within a reasonable time, allow Us to deliver the Goods to You.

 

20.  Limitation of Liability

20.1.  All warranties, conditions and other terms implied by statute or common law are excluded from the Contract to the fullest extent permitted by law.

20.2.  We (David Beecham T/A Kover-it) and our employees, agents, and subcontractors, will not be liable for either or the following:

20.2.1.  Any breach of the contract howsoever arising

20.2.2.  Any representation, misrepresentation (whether innocent or negligent), and any statement or tortious act or omission (including, without limitation, negligence) arising out of or in connection with the Contract.

20.2.3.  Any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion or goodwill, loss of use, or loss or corruption of data or information or loss or damage to any covered item or any other type of of loss) costs, expenses or other claims for consequential compensation whatsoever (as of costs) which arise out of or in connection with the Contract or Performance of Us in any way.

20.3.  Nothing in these conditions excludes or limits for liability for Us in the instance of death or personal injury caused by Our negligence or fraudulent representation.

 

21.  Data Protection

21.1.  You warrant that the details and information that You have provided to Us are correct and true, and that any future amendments to Your details and information will be correct and true, and submitted in a timely manner. We will not be liable to You for any reason arising from any illegible, out of sequence or in the wrong form or arising from a late arrival or non arrival or other fault of Yours.

21.2.  We respect the privacy of You and Our customers. We will not disclose the details and information provided by You to any third party unless We are specifically required or allowed to do so by law, or in response to a valid, legal request by a government or law enforcement authority or as may be authorised by You.

21.3.  By accepting these Conditions, You acknowledge and consent that We may store and process Your personal information and details (for example Your name, address, contact details as well as details relevant to Your Order) in accordance with any data protection legislation and that We may store these details for future reference (so that We may be more helpful to You in the instance that You need to discuss a previous order or in case You wish to place another Order). If You do not wish for Us to store Your information and details then please make this known to Us (but please note if we are not to store certain information for You or Your order then this may affect Our ability to help You in future instances of an issue or looking back on an Order). We may also ask You if We are able to Use Your details and information for marketing purposes and if You agreed to this then We will give You information about similar products that we provide, but You may stop receiving information at any time by contacting Us. We have a responsibility to keep Your details and information confidential and will only use it to offer Our Goods and Services.

 

22.  Force Majeure

22.1.  We reserve the right to defer the date of delivery or to cancel the Contract or reduce the Order or volume of Goods ordered by You (without liability to You) if We are prevented from or delayed in the day-to-day running of Our business due to circumstances outside of Our reasonable control including , without limitation: strike, lockout or other industrial action, terrorist activity, civil commotion, government action, acts of God, war, a pandemic crisis, national emergency, failure of a utility service or transport or telecommunications network, riot, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, flood, fire, storm, default of suppliers or sub-contractors, or other circumstances beyond Our reasonable control, provided that, if the event in question continues for a continuous period in excess of 6 months then You shall be entitled to give notice in writing to terminate these Conditions.

 

23.  Miscellaneous

23.1.  If there should be any Condition or term within this contract which is deemed to be invalid, illegal or unreasonable in whole or in part of any of these conditions within this contract, then this shall not affect the validity of the remainder of such condition or other conditions.

23.2.  The headings to these conditions are for convenience only and shall not affect their validity, legality, or construction.

23.3.  Within these conditions, where and if there is a reference to one gender, then this shall include each other gender. In addition to this, words denoting the singular shall include the plural and vice-versa. Any clear misspelling of a word should not invalidate the words meaning or condition.

23.4.  Any indulgence or ‘goodwill’ granted by Us to You, and any failure by Us to insist upon strict performance of these conditions shall not constitute or be deemed as a waiver to any of Our rights or remedies nor be deemed a waiver of any subsequent default by You.

23.5.  The interpretation and application of every contract shall be in accordance with English Law and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts.

23.6.  Alternative dispute resolution is a process where an independent body considers the fact of a dispute, in the event of a dispute You agree that We may use an independent third party to help with a resolution.

23.7.  You may only transfer Your rights or Your obligations under these terms and conditions to another person if We agree to this in writing.

23.8.  We reserve the right to transfer Our rights and obligations under these terms to another organisation, and if this happens We will tell You in writing if this happens and We will contact You to let You know if We plan to do this.

23.9.  This contract is between You and Us. No other person shall have the rights to enforce any of its terms. A person who is not party to these conditions has no right (as per under the Contracts rights of third parties Act 1999) to enforce any term of these conditions.

23.10.  If You accidentally or purposely go against any of the conditions and terms outlined within this contract and if in the instance we do not point this out to You or if We do not insist that You do anything You are required to do under these terms, or if We delay taking steps against You, then this does not waiver anything within the contract and does not mean that You will not face remedial action at a later point of time. For example if You miss a payment and we do not chase You but We continue to provide Goods or a Service, We can still require You to make the payment at a later date.

 

24.  Intellectual Property Rights

24.1.  You acknowledge that We own the Intellectual Property Rights to all images, pictures, confirmation paperwork and marketing material featured on or within : Our website, Our social media, Our physical marketing material, and in any communications between Us and You. You should not be using or sending any of Our images or pictures onto any other companies or for use in any fraudulent or malicious way. You should acknowledge Us as the owner of Our images, website and materials.

24.2.  All images and pictures on or within: Our website, Our media, Our physical marketing material, and in any communications between Us and You is owned by Us. Nobody has the right to use Our images or pictures in any way without Our given permission (including if any of Our images are photoshopped or modified in any way).

24.3.  Kover-it is officially a trademark owned by David John Beecham (filed on 12/11/2021). The term “Kover-it” is classified under class 20, and the trademark is in relation to a list of goods including (but not limited to): ‘Protective coverings for furniture[shaped] and Protective covers for furniture’. You can view more about this trademark on the government Intellectual Property Office website – https://trademarks.ipo.gov.uk. This means any cover which is branded as Kover-it or infers it is a Kover-it cover should only be used by Us and from Us. Any person or any company which uses Our trademark (Kover-it) will be in breach of The Trade Marks Act 1994 and will face legal actions which can include having to pay Us money for damages and returning any profits made off of the infringing use. The only exception to this condition will be if and where We have given permission in Writing (and we reserve the right to revoke the permission at any time).

24.4.  A Kover-it cover refers to a protective cover manufactured by Us and sold by Us. If You find or see any other person, company or any other website selling or advertising any type of protective cover as a Kover-it cover or inferring it as a Kover-it cover, Please contact Us about it by emailing us (sales@kover-it.co.uk) or calling Us on 01189 406095.

24.5.  In instances where You email Us images or pictures showing or including Our Goods (such as in any feedback emails) it will be inferred that You agree for Us to use the images or pictures for Our own use including in any of our marketing material, in Our gallery, on Our social media, or on Our website (We would never include any confidential information, and We would ensure images including children are not used by Us unless agreed in Writing with You.)

24.6.  We are the owner of the licences of all intellectual property rights in Our website, and in the material published on it. Those words are protected by copyright laws.

24.7.  You must not modify the digital copies or paper copies of any materials that You have printed or downloaded in any way (unless it is in reference to during a custom Goods confirmation Paperwork) and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

24.8.  You must not use any part of the materials on Our site or any material We send You (digitally or physically) for commercial purposes without obtaining a licence to do so from Us.

24.9.  Commentary and other materials posted on Our site or social media are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitors on Our site, or by anyone who may be informed of any of its contents.

24.10.  We are the creator of the Goods We design and manufacture. Therefore We own the intellectual property rights of the Goods (those of which we design and manufacture). Please note this does not mean We are liable for any damage, loss or ill consequence of the Goods.