Where to find information about us and our products

You can find everything you need to know about us Bear Metals Limited, and our products on our website, or from our sales team before you order. We also confirm the key information to you in writing after you order, by email.

We do not give business customers all the same rights as consumers

For example, business customers cannot cancel their orders, they have different rights where there is a problem with a product and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

How to contact us

If you need to contact us at any time please get in touch with our Customer Service Team:

Telephone:	0800 7555 111
Email:	sales@bearmetals.co.uk
Write to us:	Unit A2 Gildersome Spur, Morley, Leeds, LS27 7JZ

When you buy from us you are agreeing that:

• Estimates are not binding on us.
• We only accept orders when we have checked them and if requested to do so you have signed our order confirmation or we send you an Order Acknowledgement.
• Sometimes we reject orders.
• Delivery arrangements may be different depending upon where the delivery address is.
• We charge you when we accept your order.
• Payments need to be authorised
• We charge interest on late payments.
• We pass on increases in VAT.
• We are not responsible for delays outside our control.
• Products can vary slightly from their pictures.
• You are responsible for making sure your measurements are accurate.
• You are responsible for ensuring that the goods we supply are suitable for your property
• We charge you if you do not give us information we need or do preparatory work as agreed with us
• Installations
• If you are a consumer you have a legal right to change your mind.
• You can end an on-going contract (find out how).
• You have rights if there is something wrong with your product.
• We can change products and these terms.
• We can suspend supply (and you have rights if we do).
• We can withdraw products.
• We can end our contract with you.
• We do not compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

Estimates

If we give you estimates for the price or any delivery times these are not binding on us. They are commercial estimates only and we will use our reasonable endeavours to achieve them.

We only accept orders when we have checked them

We contact you to confirm we have received your order and we send you an order confirmation. When you sign and return the order confirmation to us the order is accepted.

We will not accept any terms and conditions that you try to impose upon us for example on a purchase order.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we cannot authorise your payment, because you are located outside mainland UK or our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

Delivery arrangements may be different depending upon where the delivery address is

We do not deliver to everywhere in the United Kingdom. If your delivery address is in the Isle of White, Anglesey, the Scilly Isles, the Hebrides, the Isle of Man, the Channel Islands or the island groups of Orkney and Shetland we will contact you to discuss how  and where delivery will be made to you and the cost for this.

We charge you when you order

However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than services), you will own it once we have received payment in full.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Payments need to be authorised

All payments by credit card or debit card need to be authorised by the relevant card issuer. Extra security steps may also be applied by your card issuer.

We charge interest on late payments

If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We are not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be more than 4 weeks for the supply of Goods or 8 weeks for the supply of Goods and Services you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

If you are a business we retain title to the products until you have paid for them

If you are a business customer risk in goods passes to you on delivery but title to the goods does not pass to you until you have paid the full price for the goods.

Until title in the goods passes to you, you must store the goods safely and ensure they are identified as our property. You must let us know if you become insolvent or are in financial difficulties. At any time before title in the goods passes to you we can require you to deliver up the goods to us and allow us into the location where the goods are stored in order that we may take back possession of them.

Products can vary slightly from their pictures

All drawings, photographs, illustrations, dimensions, weights and other technical information  relating to our goods which are shown on our website are for the purposes of illustration only. We will ensure that they are as accurate as is reasonably possible but such information is not part of our contract with you.

You are responsible for making sure your measurements are accurate

Unless you instruct us to carry out a survey for you, you are responsible for making sure that the measurements you supply to us are correct. For assistance with  how to measure  contact our Customer Service Team for more information.

You are responsible for ensuring that the goods we supply are suitable for your property

Unless you have requested our survey service it is your responsibility to ensure that the goods are suitable for your property. If you are unsure you should request a survey from us or you should consult your own. structural engineer

We charge you if you do not give us information we need or do preparatory work as agreed with us

We charge you additional sums if you do not give us information we have asked for about how we can access your property for delivery, installation (if this is part of your order) or if you do not do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower or reschedule services.

Installations

We will ensure that installation Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

You must ensure that the area for installation is clear and accessible.

We have based our price for installation services on the assumption that there will be a clear level surface to the goods to be installed on. We do advise that a structural engineer be consulted in relation to the suitability of the relevant area for the installation of the goods.

Unless we have agreed with you in writing, we have not taken in to account any wind loadings.

We do not undertake waterproofing of any kind. If you have issues with or concerns about water ingress we recommend seeking the advice of a qualified professional. We do not accept liability for any water ingress.

We do not recommend installation on a tiled surface. If you chose to install the goods on to a tiled surface we cannot guarantee that there will be no damage to the tiles as a result of installation. Tiles are inherently breakable when being cut or drilled.

If you are a consumer and you bought online you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you cannot change your mind. You cannot change your mind about an order for:

• services, once these have been completed;
• goods that are made to bespoke specifications (for example non-standard measurements) or which are clearly personalised; and
• goods which become mixed inseparably with other items after their delivery (for example once they have been installed).

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:

• the day we deliver your product, if it is goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
• the day we confirm we have accepted your order, if it is for a service, for example installation of your goods.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team or fill in the online form at https://bearmetals.co.uk/CancellationForm.docx.

You have to return the product at your own cost. If your product is goods, for example, a balustrade or a Juliet balcony, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost.

You can send the product back to us, using our recommended delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the goods at all or within a reasonable time we will not refund you the price. We can also arrange a collection service. For help with returns, including our collection arrangements for goods which cannot be posted, contact our Customer Service Team.

We only refund standard delivery costs. We do not refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for services you received before you change your mind. If you requested our survey or installation service we do not refund you for the time we have spent providing that service before you told us you had changed your mind.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we are likely to reduce your refund.

When and how we refund you. If your product is a service or goods that have not been delivered or that we are collecting from you, we refund you as soon as possible and within 14 days of you telling us you have changed your mind. If your product is goods that you are sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you have sent them to us). We refund you by the method you used for payment. We do not charge a fee for the refund.

You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. If we have agreed to make goods to a specification that you have provided we will do so. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Your rights if you are a business. We warrant that on delivery, and for a period of five (5) years from the date of delivery (warranty period), any products which are goods shall:

• conform in all material respects with their description and any relevant specification;
• be free from material defects in design, material and workmanship;
• be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:

• you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
• we are given a reasonable opportunity of examining such product; and
• you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:

• you make any further use of such product after telling us it is non-compliant;
• the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
• the defect arises because we followed any drawing, design or specification supplied by you;
• you alter, adapt, adjust or repair the product without our written consent; or
• the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

Changes we can always make. We can always change a product:

• to reflect changes in relevant laws and regulatory requirements; and
• to make minor technical adjustments and improvements, for example to address a safety concern. These are changes that do not affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. If we make any other types of changes to the products we will notify you and you can then contact our Customer Service Team to end the contract before the change takes effect and receive a refund for any products you have paid for in advance, but will not receive.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we are suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we are going to suspend supply, for more than 12 weeks you can contact our Customer Service Team to end the contract and we will refund any sums you have paid in advance for products you will not receive.

We can withdraw products

We let you know and we refund any sums you have paid in advance for products which will not be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you do not make any payment to us when it is due and you still do not make payment within [14] days of our reminding you that payment is due;
• you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, measurements or access arrangements for delivery;
• you do not, within a reasonable time allow us to deliver the product to you.

We do not compensate you for all losses caused by us or our products

Our liability to consumers. We are responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We are not responsible for delays outside our control.
• Caused by any specification or design that you supplied to us .
• Something you could have avoided by taking reasonable action. For example, damage to your property caused by goods that we supplied and which you could have avoided by correctly following the installation instructions provided by us or damage to tiles during the installation of goods.
• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses. If you are a business, then, except in respect of the losses described in Losses we never limit or exclude:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our liability to you for all losses arising  in connection with faulty Goods  shall be limited to 100% of the sums paid for such Goods;
• our liability to you for all losses arising in connection with defective Services supplied by us shall be limited to 100% of the sums paid for such services;
• our liability to you for any other losses arising under or in connection with the any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
• defective products under the Consumer Protection Act 1987; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Policy.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and if you are a consumer we will ensure that the transfer will not affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. We can require the new owner to prove that you transferred the product to them, for example by confirming when they purchased the property from you where our goods have been installed. If you are a business you need our agreement to transfer your contract with us and it is entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.

These terms may have changed since you last reviewed them

They were last updated on 26 June 2023.