Full Terms & Conditions

1. General Provisions & Account Terms

1. Definitions: In these Terms and Conditions of Sale, "The Company" or "Company" refers to Black Country Metal Works Ltd. "Purchaser," "Customer," or "Client" refers to the company, firm, or individual to whom goods are supplied by the Company.
2. Scope of Agreement: These conditions apply to every order placed with the Company. No substitution, variation, or condition in the Purchaser’s order form or trade terms shall apply unless expressly accepted by the Company in writing.
3. Account Management: The Company reserves the right to refuse orders and close accounts at its sole discretion.
4. Call Recording: Inbound and outbound telephone calls are recorded for training and quality assurance purposes.
5. Product Sourcing & Visitor Centre: While the Company prioritises UK workshops and businesses, products originate from various UK and overseas artists and workshops. The Company’s Visitor Centre features working blacksmith forges, a CNC workshop, a paint shop, blacksmith/silversmithing experiences, and decorative metalwork.
6. Updates to Terms: The Company reserves the right to update these terms and conditions at any time.

2. Product Information, Variations & Intellectual Property

1. Descriptive Matter: Descriptions, weights, dimensions, or performance details contained in catalogues, leaflets, websites, or written material are approximate only. They do not constitute a sale by description under the Sale of Goods Act 1893 or 1979, nor do they form an implied term of the contract.
2. Product Variations & Viewing:
   1. Due to the handmade nature of goods, items may differ from images shown online or in print. Display screens and printers render colours differently; these variations do not constitute a product fault.
   2. Customers wishing to view items before purchasing should check stock and submit an on-site viewing form via the website prior to visiting.
   3. The Company reserves the right to adjust and amend product designs and raw materials without prior notice.
3. Acrylic & Perspex Goods: Surface scratches or superficial marks may occur naturally on acrylic glass and perspex items. Cleaning with a dedicated perspex cleaner and a soft cloth is recommended.
4. Prototypes & Specifications: For bespoke orders, prototypes are chargeable (unless agreed otherwise) and must be returned after inspection. Finished products may vary from prototypes or technical drawings due to production practicalities.
5. Intellectual Property & Copyright:
   1. All images, copy, and product content remain the property and copyright of the Company.
   2. Active accounts are granted a non-exclusive right to use Company imagery. If an account becomes inactive for over 90 days or becomes overdue, imagery rights are automatically revoked, and all images must be deleted immediately from digital systems and removed from print distribution.

3. Pricing, Offers & Discount Terms

1. Price Adjustments: Prices are subject to increase prior to order completion due to rising labour costs, raw material costs, or government regulations.
2. Social Media Shops: Prices listed on Facebook and Instagram shops are subject to change. The website displays the authoritative, most up-to-date pricing.
3. Price Match Policy: The Company does not price-match new, historical, or competitor pricing. Partial refunds are not issued if a price drops after purchase.
4. General Discount Conditions:
   1. Offers and discounts apply only to orders exceeding £10.
   2. Direct telephone order discounts are capped at a maximum value of £250.
   3. Discounts are granted at the Company’s discretion and cannot be combined with other offers or applied to items already on special offer.
5. Specific Promotions:
   1. 5% First Order Discount: Granted upon newsletter sign-up; valid only on website transactions up to £1,000 order total. Subject to withdrawal at any time.
   2. Silver Lining Discount: Cannot be combined with any other promotional offer.
   3. Collection 10% Discount: Applies exclusively to collection orders with a total value under £2,000.
6. Discount Code Misuse: If a discount code is applied incorrectly or inappropriately, the Company reserves the right to withhold dispatch until the outstanding balance is paid.
7. Post Box Personalisation: Personalisation incurs a standard £10.00 charge. Subsequent text alterations requested after order placement incur an additional £5.00 charge.
8. Samples: Samples must be paid for by the Purchaser unless agreed otherwise in advance. If trading commences for the sampled item, a credit may be issued.

4. Payment Terms & Retention of Title

1. Private Customers: Debited for full payment (goods and delivery) at the time of ordering or within 24 working hours.
2. Trade Customers: Payment terms are strictly net 30 days from the invoice date, unless varied in writing by a Company partner.
3. Late Payment Interest: An interest charge of 25% will be levied on all outstanding or partially unpaid invoices.
4. Retention of Title: Title to all goods remains with the Company until all outstanding money is paid in full. The Purchaser holds unpaid goods as a trustee. The Company reserves the right to recover and resell unpaid goods upon demand.

5. Orders, Contract Formation & Modifications

1. Contract Formation: A binding contract of sale is formed only when goods are successfully dispatched to the customer.
2. Pricing Errors: Prior to dispatch, if an item is underpriced or mispriced by genuine error, the Company reserves the right to cancel the order or offer the item at the correct price. The customer may proceed at the correct price or cancel the order.
3. Customer Due Diligence: Customers must ensure goods are suitable for their intended purpose prior to ordering. The Company accepts no responsibility for incorrect orders placed by the Purchaser.
4. Minimum Order Quantities (MOQs): Certain items (typically trade items or made-to-order lines) carry minimum order requirements as stated on product listings.

6. Bespoke, Custom & Made-to-Order Goods

1. Non-Refundable Status: Custom, bespoke, or modified items manufactured or ordered to customer specification are non-refundable and non-returnable.
2. Work Commencement & Cancellation: Once instructions are given to prepare, repaint, or modify an item, the customer is obliged to accept the finished goods. Once work begins, cancellations or exchanges are not accepted.
3. Cancellation Fees: If a bespoke order is cancelled due to a change of mind prior to delivery, a 50% cancellation fee of the total order value applies, deducted from initial payments or deposits. If delivered and accepted, return transport is at the customer's cost, with refunds evaluated case-by-case.
4. Deposits: Deposits are taken in good faith. If Company circumstances change, full or partial refunds will be offered. No claims for interest or compensation will be accepted.
5. Lead Times: Lead times, prep schedules, or completion forecasts for custom goods are provisional. Timelines are formally scheduled only after full cleared payment is received, based on workshop capacity at that time.
6. Subcontracting: The Company reserves the right to use external workshops, artists, and sculptors for bespoke production.

7. Delivery, Carriage & International Shipping

1. General Delivery Terms: Delivery dates and lead times are estimates only and are not guaranteed. The Company accepts no liability for non-delivery or delivery delays caused by factors outside its control (e.g., weather, fire, strikes, supply/labour shortages, or holiday/stocktaking periods). Late delivery does not entitle the Purchaser to cancel the contract.
2. Direct Customer Dispatch: Sending goods directly to a Purchaser’s end-client is conducted entirely at the Purchaser’s risk.
3. Click & Collect: Valid photo ID must be presented upon collection. Goods will be withheld if satisfactory identification is not provided.
4. Delivery Access & Kerbside Terms:
   1. Courier deliveries (including large/cumbersome items) are kerbside or vehicle-side only. The Purchaser is responsible for unloading and moving consignment items.
   2. Disposing of the pallet and any packaging is the customer's responsibility; however, this should only be done once goods have been fully checked and there is no reason to return them. Goods must be secured back on a pallet in the event of needing to arrange a return.
   3. If delivery fails due to customer obstruction, the Company reserves the right to cancel the order, deducting all incurred costs.
5. Carriage Charges & Surcharges:
   1. Deliveries to Ireland, Scotland, and offshore islands may incur delivery surcharges based on size and weight. The Purchaser will be informed of any extra charges after ordering and may accept the charges or cancel the order.
   2. The Company reserves the right to correct automatic carriage calculation errors and adjust freight costs accordingly.
6. Next Day & Free Delivery Options:
   1. Free Delivery: Applies to select mainland UK lines. Lead-time/pre-order items on the same order will dispatch together once all items are ready.
   2. Next Day Delivery: Orders must be placed before 2:00 PM (or 3:00 PM where specified on eligible stock lines) on a working weekday. Orders placed after the cut-off on Friday or during weekends/bank holidays will dispatch the next working weekday.
   3. Excluded Postcodes: Next day delivery excludes bespoke items and specific remote postcode regions including (but not limited to): Aberdeen (24, 32, 33, 35, 38, 41, 43, 45, 51, 53, 54, 55, 56), Cumbria (4, 5, 6, 7, 9, 18, 19, 20, 21), Chester (CH3 9), Dundee (8, 9, 10, 11), Dumfries & Galloway (3, 5, 6, 7, 8, 9), Edinburgh (34, 36), Falkirk (8, 14, 17, 18, 19, 20, 21), Galashiels (5, 10, 11, 13), Glasgow (41, 51, 63, 83), Guernsey (All), Inverness (All), Isle of Man (All), Jersey (All), Kilmarnock (KA3, KA27, KA28), Kirkcaldy (KY9, KY10, KY13), Lancaster (LA21, LA23), Llandudno (LL15 1, LL15 2), Manchester (M4 1, M4 2, M4 3, M4 5, M4 6, M4 7), North East (NE66 5, NE69 7, NE70 7, NE71 6), Northern Ireland (All), Outer Hebrides (All), Paisley (All), Perth (All), Preston (PR3 3), Shetland Islands/Lerwick (ZE1, ZE2, ZE3), Truro (21, 22, 23, 24, 25), and Wick (All).
7. International Shipping: The Company does not offer direct overseas delivery. Overseas customers may arrange their own courier or UK freight forwarder, subject to providing courier details for Company authorisation. Overseas buyers assume full responsibility once collected/delivered to the freight forwarder; local import duties, customs, repacking, and courier damages are the buyer's sole responsibility.

8. Delivery Attempts, Proof of Delivery & Disputed Deliveries

1. Recipient Availability: The Purchaser must ensure someone is present to accept delivery and sign delivery documentation.
2. Courier Policies:
   1. DPD Delivery: Drivers make one delivery attempt. If unsuccessful, the parcel goes to a local drop-off point (~5-mile radius). The recipient receives text/email notification and has 7 days to collect the item. Uncollected parcels returned to the Company incur up to a 25% restocking fee plus resending charges.
   2. Other Couriers: Items may be left with a neighbour or on property unless opted out. Calling cards must be acted upon per courier policy; returned items incur reshipping charges.
3. Valid Proof of Delivery: Proof of delivery is satisfied by:
   1. A recipient signature at the delivery address or neighbouring address.
   2. A delivery photograph showing the item on the property.
   3. A courier drop card confirming delivery on site or with a neighbour.
4. Disputed Delivery Procedure: Disputed deliveries must be submitted in writing via email to [email protected] or posted to: Customer Service Manager, Black Country Metal Works, Whitehall, Aston, Oswestry, Shropshire, SY11 4JH.
   
   Required information: Full name, phone number, email address, consignee details, order/invoice number, description of dispute, and a signed written declaration from the addressee stating they have not received the goods.

9. Product Inspection, Claims, Returns & Cancellations

1. Pre-Installation Planning: Customers must not undertake site preparation, installation work, or book tradespersons/contractors until goods have arrived safely, been fully inspected, and verified as satisfactory.
2. Delivery Signatures & Delivery Notes:
   1. Delivery notes signed unclearly or undated will be deemed correct. Customers must sign in full, print their name, and date the delivery sheet.
   2. Large Items: Must be thoroughly inspected before signing the carrier driver's sheet. Providing a signature acknowledges satisfactory condition. Once the driver leaves, the customer is liable for all return transport costs for unsatisfactory goods.
3. Damage & Shortage Claim Windows:
   1. Standard Orders: Written notice must be sent to [email protected] within 48 hours of delivery.
   2. Orders Over £100 Value: Written notice must be sent to [email protected] within 24 hours of signing for the goods, complete with order number and photos of packaging and item damage.
4. Return Packaging Requirements:
   1. Returned goods must be safely wrapped for courier pickup at the kerbside (available between 7:00 AM and 7:00 PM).
   2. Disposing of the pallet and any packaging is the customer's responsibility; however, this should only be done once goods have been fully checked and there is no reason to return them. Goods must be secured back on a pallet in the event of needing to arrange a return.
   3. In the event that original packaging or pallets are not retained, any replacement costs quoted by the courier will be deducted from the refundable value of the item.
5. Restocking Charges & Unauthorised Returns: A 50% restocking charge applies to goods returned without prior written agreement.
6. Standard Order Cancellations ("Change of Heart"):
   1. Cancellations prior to dispatch must be communicated by telephone only (email cancellations are not accepted).
   2. If preparation or labour has occurred prior to cancellation, a fee of up to 25% of the order total will be retained to cover labour and materials.
7. Third-Party Transport & Forwarding: The Company is not responsible for damages caused by customer-elected couriers. Items inspected and forwarded onward to secondary destinations are not covered for loss or transit damage occurring after initial delivery.

10. Product Guarantees & Warranties

1. General Guarantee Terms:
   1. Guarantees apply only where explicitly stated on individual product listings and cover orders placed after 1 January 2009 (earlier orders carry a standard 1-year warranty).
   2. Guarantees cover structural metal components only and exclude paintwork, surface coatings, or cosmetic finishes. Full compliance with product care and maintenance guidelines is required. Defective covered metal parts will be replaced.
   3. In certain circumstances, some products are not covered under warranty and cannot be guaranteed.
2. Lamp Post 10-Year Guarantee:
   1. Covers the structural integrity of full-priced post structures only (excludes lanterns, paintwork, and cosmetic finish).
   2. Excludes trade/commercial purchases, discounted items, flood, storm, earthquake, accidental damage, or improper installation. Regular maintenance painting is required.
3. Trade Warranties: Guarantees run from the delivery date to the trade customer, not the resale date. Trade buyers must supply care instructions to end consumers.

11. Assembly, Installation & Specialised Structures

1. General Assembly & Misuse: The Company is not liable for costs or damages resulting from product use, misuse, or incorrect installation.
2. Stand Installations: Professional advice must be obtained; stands must be securely anchored to the floor.
3. Large Structures & Sculptures (e.g., Gazebos):
   1. Company delivery and assembly is recommended for large structures (available at extra cost).
   2. Site Requirements for Assembly Teams: Site preparation must be complete prior to arrival, including a level, fully cured concrete base/pads; adequate access; floodlighting (if needed); electrical supply; auxiliary labour support; a 2-meter clear perimeter around the structure; cordoned public access; completed customer risk assessment; and on-site sign-off by a senior representative.
   3. Self-Erection / Third-Party Labour: Erecting structures via third parties is at the buyer's sole risk. A qualified Health & Safety Officer and structural Engineer should oversee proceedings. Direction must be requested from the Company prior to starting. If the Company's team is required to rectify or finish third-party installations, standard call-out fees apply.

12. Limitation of Liability & Force Majeure

1. Consequential Losses: The Company excludes all liability for loss of profit, loss of earnings, detention, delays, expenses, or third-party claims howsoever caused.
2. Compensation Claims: The Company does not participate in or offer financial compensation.
3. General Disclaimer: The Company accepts no liability for loss or damages arising from the purchase, supply, or expectation of goods.